FAST Act

Fixing America's Surface Transportation Act or the FAST Act

DIVISION A--SURFACE TRANSPORTATION

(Sec. 1002) Directs the Department of Transportation (DOT) to reduce the amount apportioned for a surface transportation program, project, or activity for FY2016 by amounts apportioned or allocated under any extension of the Moving Ahead for Progress in the 21st Century Act (MAP-21) for the period beginning October 1, 2015, and ending upon enactment of this Act.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

(Sec. 1101) Reauthorizes through FY2020:

• certain core federal-aid highway programs;
• the transportation infrastructure finance and innovation program;
• the federal lands, tribal transportation, and federal lands transportation and access programs;
• the territorial and Puerto Rico highway program; and
• nationally significant freight and highway projects.

Requires the expenditure of at least 10% of amounts made available for federal-aid highways and public transportation programs through small business concerns owned and controlled by socially and economically disadvantaged individuals.

Directs states to compile annual lists of small disadvantaged business enterprises according to minimum uniform criteria established by DOT.

(Sec. 1102) Prescribes obligation ceilings for certain federal-aid highway and highway safety construction programs, with specified exceptions.

Prescribes requirements, including a formula, and restrictions for certain FY2016-FY2020 distributions from the obligation limitation for federal-aid highways.

Directs DOT to redistribute to the states any federal-aid highway program funds that, because of any imposed obligation limitation, will not be allocated or otherwise made available to them for obligation for surface transportation program projects.

(Sec. 1104) Authorizes appropriations through FY2020 for Federal Highway Administration (FHWA) administrative expenses.

Revises and renames the surface transportation program as the surface transportation block grant program (STBGP) (as established by section 1109 of this Act).

Requires DOT to set-aside specified amounts of a state's base apportionment of core program funds for the national highway freight program and metropolitan transportation planning.

Directs DOT also to reserve certain amounts to states for:

• the national highway performance program for FY2019 and FY2020, and
• the STBGP through FY2020.

(Sec. 1105) Authorizes DOT to make competitive grants to a state or group of states, a metropolitan planning organization (MPO) that serves an urbanized area with a population of more than than 200,000 individuals, a unit of local government or group of local governments, or other specified entities to furnish financial assistance for nationally significant freight and highway projects.

Requires DOT to reserve out of such grant amounts for each fiscal year:

• 10% for small projects, and
• at least 25% for projects in rural areas.

Makes the maximum federal share of project costs 60%.

(Sec. 1106) Revises requirements for the national highway performance program.

Authorizes DOT, upon request, to allow a state to use its apportionment of national highway performance program funds to pay subsidy and administrative costs of Transportation Infrastructure Finance and Innovation Act (TIFIA) program secured loans, loan guarantees, or credit for surface transportation projects for a state, local government, public authority, public-private partnership, or any other legal entity.

Allows a state's apportionment to be obligated for projects:

• for the reconstruction or rehabilitation of federal-aid highway bridges (non-National Highway System bridges), and
• to reduce the risk of failure of critical transportation infrastructure.

(Sec. 1107) Revises requirements for the emergency relief fund program.

Treats as an eligible expense for emergency relief program funding the costs of disaster debris removal for projects for the repair or reconstruction of federal-aid highways on tribal transportation facilities, federal lands transportation facilities, or other federally-owned roads that are open to public travel.

(Sec. 1108) Revises and reauthorizes requirements for the set-aside of highway safety improvement program funds for states for the same period for the elimination of hazards and the installation of protective devices at railway-highway crossings.

(Sec. 1109) Establishes in DOT an surface transportation block grant program (STBGP).

Requires states to obligate for each fiscal year specified graduated percentages of apportioned funds in:

• urbanized areas with a population of over 200,000, and
• rural areas with a population greater than 5,000.

Directs DOT to reserve certain amounts of the state apportionment of funds for each fiscal year for surface transportation projects or activities or transportation alternatives projects.

Requires states to obligate an amount of reserved funds for each fiscal year equal to the amount apportioned to the state for the surface transportation program for FY2009 for recreational trails projects.

(Sec. 1110) Reduces the amount DOT must deduct from FHWA administrative funds each fiscal year for highway use tax evasion projects.

(Sec. 1111) Prescribes requirements for the bundling of two or more similar projects for the replacement or repair of structurally deficient bridges.

(Sec. 1112) Revises formulae for certain allocations of funds to states for construction of ferry boats and ferry terminal facilities.

Reauthorizes the program through FY2020. Certain funds are made available for the National Ferry Database.

(Sec. 1113) Revises the highway safety improvement program.

Makes eligible as highway safety improvement projects any installation of vehicle-to-infrastructure communication equipment, pedestrian hybrid beacons, roadway improvements that provide separation between pedestrians and motor vehicles, and other types of infrastructure safety projects.

Authorizes states to elect not to collect certain data on unpaved public roads regarding the model inventory of roadways if certain requirements are met.

Eliminates the definition of "state highway safety improvement programs."

Requires DOT to review best practices for implementation of roadway safety infrastructure improvements to reduce the number or severity of commercial motor vehicle accidents.

(Sec. 1114) Revises congestion mitigation and air quality improvement (CMAQ) program requirements.

Authorizes states to obligate the apportionment of CMAQ program funds for projects for the installation of vehicle-to-infrastructure communication equipment in nonattainment or maintenance areas for particulate matter.

Declares that requirements for priority use of congestion mitigation and air quality project funds in PM2.5 nonattainment or maintenance areas shall not apply in any state with a population density of 80 or fewer persons per square mile of land area if certain criteria are met.

Authorizes states or metropolitan planning organizations (MPOs) also to elect to obligate PM2.5 priority funds to the most cost-effective CMAQ projects to reduce emissions from port-related landside nonroad or on-road equipment that operates within a PM2.5 nonattainment or maintenance area.

(Sec. 1115) Increases the authorization of appropriations for the Puerto Rico highway and territorial highway programs.

(Sec. 1116) Revises national freight program requirements.

Renames the national freight network the National Highway Freight Network.

Authorizes the MPO representative in an urbanized area with a population of 500,000 or more to designate a public road within the borders of that area of the state as a critical urban freight corridor. Authorizes the state to do the same for an urbanized area with a population under 500,000.

Requires states that have not met, or made significant progress toward meeting, certain performance targets related to freight movement of the state to report biennially to DOT on actions the state will undertake to achieve the targets.

Prescribes requirements for the use of apportioned funds, including development of intelligent freight transportation systems. The term "intelligent freight transportation system" means:

• innovative or intelligent technological transportation systems, infrastructure, or facilities; or
• communications or information processing systems that improve the efficiency or safety of freight movements on the federal-aid highway system.

(Sec. 1117) Revises the federal lands and tribal transportation programs.

Requires entities carrying out a project under the tribal transportation program to report annually to DOT and to the Department of the Interior on specified project data.

Directs DOT to:

• report to Congress on the quality of transportation safety data collected by states, counties, and Indian tribes for transportation systems and its relevance to improving the collection and sharing of data on crashes on Indian reservations; and
• identify and evaluate in a separate study any options for improving safety on public roads on Indian reservations.

(Sec. 1118) Revises funding requirements for the tribal transportation program to:

• reduce from 6% to 5% of authorized program funds the maximum amount that either DOT or Interior may use for certain administrative expenses, and
• increase from 2% to 3% of such funds the allocation for specified bridge projects.

(Sec. 1119) Extends the federal lands transportation program and its funds allocations to the transportation systems of Interior's Bureau of Land Management.

(Sec. 1120) Authorizes DOT to conduct cooperative research and technology deployment in coordination with federal land management agencies for transportation planning of federal lands and tribal transportation facilities projects.

Requires DOT to combine and use no more than 5% of federal lands transportation program and federal lands access program funds for transportation planning activities for federal lands transportation facilities, federal lands access transportation facilities, and other federally-owned roads open to public travel.

Allows the use of such funds also for:

• inspections of federally-owned bridges even if not included in the national federal lands transportation facility inventory, and
• transportation planning activities carried out by federal land management agencies.

(Sec. 1121) Directs DOT to establish a tribal transportation self-governance program via a compact with an Indian tribe, subject to negotiated annual written funding arrangements with the tribe.

Requires any funding agreement to authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from DOT-administered discretionary and competitive grants for all programs, services, functions, and activities to carry out tribal transportation programs and DOT-administered programs, services, functions, and activities.

(Sec. 1122) Directs DOT to issue guidance on working with state departments of transportation that request assistance from FHWA division offices to:

• review principal arterials within a state that were added to the National Highway System (NHS) as of October 1, 2012, and
• identify any necessary functional classification changes to rural and urban principal arterials.

Requires DOT to:

• review the NHS modification process, and
• ensure that a state may submit requests to modify the NHS by withdrawing a road from it.

(Sec. 1123) Directs DOT to establish a program to fund construction, reconstruction, or rehabilitation of nationally significant federal lands and tribal transportation projects.

Authorizes appropriations through FY2020.

Subtitle B--Planning and Performance Management

(Sec. 1201) Revises requirements for metropolitan transportation planning.

Prescribes requirements for selection of MPO officials or representatives.

Authorizes MPOs serving a transportation management area to develop a congestion management plan that includes projects and strategies that will be considered in the MPO's transportation improvement program.

Treats the Bi-State MPO Region as:

• an MPO,
• a transportation management area, and
• an urbanized area (comprising a population of 145,000 in California and a population of 65,000 in Nevada).

Prescribes formulae for the suballocation of STBGP and transportation alternatives program funds for a fiscal year for the Bi-State MPO Region.

(Sec. 1202) Revises requirements for statewide and nonmetropolitan transportation planning.

Subtitle C--Acceleration of Project Delivery

(Sec. 1301)Prescribes requirements for DOT in highway and public transportation planning to preserve certain historic sites, especially by aligning, to the maximum extent practicable, specified preservation requirements with the National Environmental Policy Act of 1969 (NEPA) and any avoidance alternative analysis it requires.

(Sec. 1303) Exempts from consideration for parkland, wildlife and waterfowl refuge, and historic site preservation purposes any common post-1945 concrete or steel bridge or culvert already exempt from individual review of its effect on any historic property.

(Sec. 1304) Prescribes procedures for accelerating the project delivery decisionmaking process regarding:

• environmental review of highway, public transportation, or multimodal projects;
• coordination among relevant agencies in meeting project deadlines;
• public availability of the status and progress of projects requiring compliance with NEPA review and other federal, state, or local approval;
• integration of planning and environmental review of projects between the lead agency (DOT) and participating federal and non-federal agencies;
• adoption of departmental environmental assessments or environmental impact statements of other operating administrations; and
• federal coordination of the environmental review and permitting process for transportation projects.

Grants DOT, as federal lead agency in the environmental review process for a highway, public transportation capital, or multimodal project, authority and responsibility to consider and respond to comments received from participating federal and non-federal agencies on matters within their special expertise or jurisdiction.

(Sec. 1305) Revises requirements for the integration of planning and environmental review.

(Sec. 1306) Changes from discretionary to mandatory the authority of federal agencies responsible for the environmental review of a transportation project to give substantial weight to recommendations in the programmatic mitigation plans of states and MPOs.

(Sec. 1307) Requires DOT, upon state request, to give technical assistance to a state assuming responsibility for making categorical exclusion determinations for highway or related projects.

(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)

(Sec. 1308) Revises requirements for termination of a state from the surface transportation project delivery program, increasing from 30 to 120 days the time DOT must give a state to take corrective action.

Authorizes DOT, in cooperation with state officials, to carry out education, training, peer-exchange, and other initiatives to assist states in developing capacity building for environmental review of projects under NEPA.

(Sec. 1309) Directs DOT to establish a pilot program to authorize states to conduct environmental review of projects under state laws instead of NEPA.

(Sec. 1310) Revises requirements for application of categorical exclusions for multimodal projects, including acceleration of decisionmaking in environmental reviews.

(Sec. 1312) Authorizes a public entity receiving DOT financial assistance for one or more projects, or for a program of projects, for a public purpose to request DOT to allow it to furnish funds to federal agencies, including DOT, state agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program, but only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes.

(Sec. 1313) Directs DOT, in coordination with federal agencies likely to have substantive review or approval responsibilities under federal law, to develop a coordinated and concurrent environmental review and permitting process for transportation projects, meeting specified criteria, when initiating an environmental impact statement.

(Sec. 1314) Amends MAP-21 to require inflation adjustments to specified dollar amounts indicating the maximum federal assistance to certain federal-aid highway projects which must be categorically excluded from the requirements relating to environmental assessments or environmental impact statements.

(Sec. 1315) Directs DOT to develop a template programmatic agreement with states that provides for efficient procedures for evaluating categorical exclusion determinations.

(Sec. 1316) Directs DOT to:

• allow states to assume DOT responsibilities for project design, plans, specifications, estimates, contract awards, and inspection of projects, on both a project-specific and programmatic basis; and
• recommend to Congress legislation to permit the assumption of additional authorities by states, including about real estate acquisition and project design.

(Sec. 1317) Directs DOT to examine ways to modernize and improve the NEPA environmental review process for federal-aid highway projects.

(Sec. 1318) Directs the Government Accountability Office (GAO) to assess progress made under this Act, MAP-21, and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 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.

Subtitle D--Miscellaneous

(Sec. 1401) Prohibits, through FY2020, the use of a state's apportionment of highway safety improvement program funds to purchase, operate, or maintain an automated traffic enforcement system, except any located in school zones.

Defines "automated traffic enforcement system" to mean any camera that captures an image of a vehicle for purposes of traffic law enforcement.

(Sec. 1402) Requires DOT to compile and make available on the DOT public website any data on the amounts of federal-aid highway program funds made available under this title for each fiscal year.

(Sec. 1403) Requires DOT to make available certain additional funds deposited into the HTF Highway Account or Mass Transit Account for federal-aid highway programs.

Reauthorizes appropriations through FY2020.

(Sec. 1404) Requires a design for new construction or rehabilitation of NHS highways to take into account, in addition to other specified criteria, the environment and safety for other modes of transportation, as well as cost savings by utilizing flexibility in current design guidance and regulations.

(Sec. 1405) Requires any requested or required justification report for a project that would add a point of access to, or exit from, the Interstate System to include new or modified freeway-to-crossroad interchanges inside a transportation management area.

(Sec. 1407) Makes eligible for funding under the National Highway Performance Program and the Surface Transportation Program any projects for the installation of vehicle-to-infrastructure communication equipment.

(Sec. 1409) Declares that, for Interstate System (IS) vehicle weight limitation purposes, any vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided, and so are eligible for a special permit.

(Sec. 1410) Exempts certain heavy-duty tow and recovery vehicles traveling on federal highways from federal vehicle weight limitations.

Allows federal truck weight limitations to remain in place on specified highways in Texas and Arkansas.

Directs DOT to waive federal vehicle weight limitations for certain logging vehicles operating on IS highways in Wisconsin and Minnesota.

Prohibits states from enforcing against an emergency vehicle a vehicle weight limit (up to a maximum vehicle weight of 86,000 pounds) of less than:

• 24,000 pounds on a single steering axle,
• 33,500 pounds on a single drive axle,
• 62,000 pounds on a tandem axle, or
• 52,000 pounds on a tandem rear drive steer axle.

Defines the term "emergency vehicle" to mean a vehicle designed to be used under emergency conditions to:

• transport personnel and equipment, and
• support the suppression of fires and mitigation of other hazardous situations.

Allows natural gas vehicles to exceed any vehicle weight limit (up to a maximum vehicle weight of 82,000 pounds) by an amount equal to the difference between:

• the weight of the vehicle attributable to the vehicle's natural gas tank and fueling system, and
• the weight of a comparable diesel tank and fueling system.

(Sec. 1411)Revises requirements for the toll roads, bridges, tunnels, and ferries program.

Requires over-the-road buses that serve the public to have access to toll facilities equal to that of public transportation buses.

Defines the term "over-the-road bus" to mean a bus characterized by an elevated passenger deck located over a baggage compartment.

Revises certain exceptions to high occupancy vehicle (HOV) facility requirements.

Authorizes the public authority to allow a public transportation vehicle use of HOV facilities if it provides equal access for all public transportation vehicles and over-the-road buses serving the public.

Authorizes the public authority also to allow use of HOV facilities by:

• vehicles if a toll is paid and the authority ensures that over-the-road buses serving the public have the same access as public transportation buses, and
• alternative fuel vehicles and new qualified plug-in electric drive motor vehicles provided certain requirements are met.

Requires a public authority to submit to DOT for approval, within 180 days after a HOV facility is considered degraded, a plan to bring the facility back into compliance with the minimum average operating speed. ("Degraded" means failure of vehicles operating on HOV lanes to maintain minimum average operating speed 90% of the time over a consecutive 180-day period during morning and/or evening weekday peak hour periods.)

Amends the Transportation Equity Act for the 21st Century to revise requirements for the interstate system reconstruction and rehabilitation pilot program. Prescribes requirements for final approval of state applications to collect tolls on highways, bridges, or tunnels for projects for the reconstruction and rehabilitation of interstate highway corridors.

(Sec. 1412) Authorizes payment from the state apportionment of federal-aid highway program funds for projects at railway-highway grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains.

(Sec. 1413) Directs DOT to designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the need for electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling infrastructures at strategic locations along major national highways.

Authorizes the General Services Administration (GSA) to install (on a reimbursable basis) battery recharging stations in GSA-owned parking areas for vehicles of GSA employees, tenant federal agencies, and other authorized individuals. Requires the GSA or the federal agency the charge fees to individuals to use such stations.

(Sec. 1414) Revises federal requirements for minimum state penalties for repeat offenders for driving while intoxicated or driving under the influence.

Adds a 24-7 sobriety program to criteria for state repeat offender laws.

Specifies exceptions to the requirement of an ignition interlock device on a vehicle of an individual with restricted driving privileges

(Sec. 1415) Authorizes as an eligible cost for a federal-aid highway construction project the cost of improving habitat and forage for pollinators (i.e., bees, birds, bats, Monarch and other butterflies) on rights-of-way adjacent to such highways.

Requires DOT, in conjunction with willing states, to carry out programs that encourage:

• integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and
• the development of habitat and forage for pollinators through planting of native forbs and grasses, including noninvasive, native milkweed species.

(Sec. 1416) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to revise the high priority Raleigh-Norfolk Corridor of the NHS between Raleigh, North Carolina, and Norfolk, Virginia, to include Rocky Mount, Williamston, and Elizabeth City, North Carolina.

Includes Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358 as part of the high priority Lower Rio Grande Valley Corridor of the NHS in Texas.

Designates as a high priority corridor on the NHS, as part of Interstate Route I-11, the Intermountain West Corridor from the vicinity of Las Vegas, Nevada, extending north along U.S. Route 95, terminating at Interstate Route 80.

Declares as high priority corridors on the NHS as well as segments of the IS:

• U.S. Route 117/Interstate Route 795 from U.S. Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina;
• U.S. 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;
• Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport;
• the Central Texas Corridor commencing at the logical terminus of Interstate 10, and generally following portions of U.S. Route 190 eastward passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing;
• Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border;
• Interstate Route 70 from Denver, Colorado, to Salt Lake City, Utah;
• Oregon 99W Newberg-Dundee Bypass Route between Newberg, Oregon, and Dayton, Oregon; and
• Interstate Route 205 in Oregon from its intersection with Interstate Route 5 to the Columbia River.

Amends the SAFETEA-LU Technical Corrections Act of 2008 to direct DOT to designate as a future Interstate Route 69 Spur, the Audubon Parkway 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) Makes eligible for work zone safety training program grants the development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.

(Sec. 1418) Amends MAP-21 to direct DOT to set-aside for each of FY2016-FY2020 a specified amount of highway safety improvement program funds before making any apportionment for FHWA administrative expenses.

(Sec. 1419) Amends ISTEA to repeal the requirement for annual reports to Congress on continuing studies of the fundamental chemical and physical properties of petroleum asphalts and modified asphalts used in highway construction.

Amends SAFETEA-LU to repeal the requirement for an annual report to Congress on the express lanes demonstration program.

(Sec. 1420) Authorizes DOT to exercise all existing flexibilities under and exceptions to the requirements for federal-aid highway projects and other DOT administered requirements, in whole or in part.

(Sec. 1421) Requires DOT, in cooperation with states, to develop guidance that encourages the use of programmatic approaches to project delivery, expedited procurement techniques, and other best practices for states and the FHWA to facilitate the timely expenditure of federal funds for federal-aid highway projects.

(Sec. 1422) Directs the FHWA to commission the Transportation Research Board of the National Academy of Sciences to study the performance of bridges funded under the innovative bridge research and construction program in meeting program goals.

(Sec. 1423) Authorizes a state transportation agency to relinquish park-and-ride lot facilities, or portions of them, to a local government agency for highway purposes if authorized to do so under state law, and the relinquishment meets certain requirements.

(Sec. 1424) Authorizes the FHWA to establish a pilot program that allows a state to utilize innovative approaches to maintain the right-of-way of federal-aid highways.

(Sec. 1425) Authorizes states to allow on the IS the maintenance of service club, charitable association, or religious service signs of a certain size, provided the state notifies the FHWA.

(Sec. 1426) Requires the FHWA to appoint a Motorcyclist Advisory Council on infrastructure issues of concern to motorcyclists.

(Sec. 1427) Expresses the sense of Congress that the FHWA should do all it can to protect the safety of construction workers in highway work zones.

(Sec. 1428) Directs DOT to encourage the FHWA to use durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies for federal-aid highway projects.

(Sec. 1429) Requires DOT to study methods for evaluating roadside highway safety hardware devices to improve the data collected on the devices.

(Sec. 1430) Expresses the sense of Congress that DOT should utilize modeling and simulation technology to analyze highway and public transportation projects to ensure that they will reduce congestion and be cost effective.

(Sec. 1431) Directs DOT to:

• establish a National Advisory Committee on Travel and Tourism Infrastructure, and
• develop and post on the DOT website a national travel and tourism infrastructure strategic plan.

(Sec. 1432) Exempts from further environmental reviews, approvals, licensing, and permit requirements under specified laws any road, highway, or bridge in operation or under construction that is damaged by a declared emergency and reconstructed in the same location with the same dimensions and design as before the emergency.

(Sec. 1433) Directs the GAO to report to Congress on FHWA administrative expenses funded from the HTF for the last three fiscal years.

(Sec. 1434) Directs DOT to make every required report available on its public website.

(Sec. 1435) Amends MAP-21 to reauthorize the federal share of costs for Appalachian development highway system projects through FY2050. Allows the federal share (currently a flat 100%) to be 100% or less, as determined by the state.

(Sec. 1436) Reauthorizes through FY2020 the Appalachian Regional Development Program.

Authorizes the Appalachian Regional Commission to give technical assistance, make grants, and enter into contracts in the Appalachian region for projects to increase affordable access to broadband networks throughout the Appalachian region and for related projects and activities. Authorizes funding.

(Sec. 1437) Authorizes the governor of a state that shares a border with Canada or Mexico to designate up to 5% of its apportionment of STBGP funds for each fiscal year for border infrastructure projects.

(Sec. 1438) Rescinds permanently on July 1, 2020, $7.569 billion of unobligated federal-aid highway funds apportioned among the states, except certain funds for the highway improvement, railway-highway crossings, and certain other highway programs. Prescribes formulae for determining the amounts to be rescinded among the states and within a state.

(Sec. 1439) Authorizes the take of nesting swallows, between April 1 and August 31 of any year, without individual permit requirements, to facilitate bridge construction or repair projects, provided the Department of the Interior promulgates a regulation under the Migratory Bird Treaty Act to allow this.

(Sec. 1440) Allows recipients or subrecipients of federal-aid highway funds to:

• incur preliminary preconstruction development and engineering costs for an eligible project before receiving project authorization from the state, and
• request reimbursement of federal funds after project authorization is received.

(Sec. 1441) Directs DOT to establish a regional infrastructure demonstration program to assist entities in developing improved infrastructure priorities and financing strategies for accelerated development of TIFIA-funded projects.

Authorizes appropriations.

(Sec. 1442) Requires DOT to encourage each state and MPO to adopt design standards and best practices for surface transportation projects that provide safety for users of the surface transportation network.

(Sec. 1443) Expresses the sense of Congress that Congress recognizes the valuable contributions made by the U.S. engineering industry to provide critical technical expertise, innovation, and local knowledge to federal and state agencies in order to deliver surface transportation projects to the public.

(Sec. 1444) Directs the FHWA to continue the Every Day Counts initiative to work with states, local transportation agencies, and industry stakeholders to identify and deploy proven innovative best practices and products that accelerate transportation innovation deployment and project delivery as well as improve the environment and roadway safety.

(Sec. 1445) Amends the Water Resources Reform and Development Act of 2004 to repeal the prohibition against the direct or indirect financing of water resources infrastructure projects receiving federal credit assistance with proceeds of any:

• obligation the interest on which is tax-exempt, or
• regarding which a qualified tax credit bond or a Build America Bond is allowable.

(Sec. 1446) Makes various technical corrections to federal transportation laws.

TITLE II--INNOVATIVE PROJECT FINANCE

(Sec. 20001) Amends TIFIA to authorize as an eligible transportation infrastructure project cost the capitalizing of a rural projects fund using proceeds of secured loans made to state infrastructure banks to make loans for rural infrastructure projects.

Revises TIFIA program eligibility requirements, adding projects for:

• public infrastructure near a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility; and
• capitalization of a rural projects fund.

Requires DOT to make an expedited application process available to entities seeking secured loans under the TIFIA program.

Requires the reservation of $2 million of TIFIA program funds for highway infrastructure projects anticipated not to exceed $75 million.

Revises and reauthorizes through FY2020 the state infrastructure bank program.

(Sec. 2002) Authorizes DOT to make payments to states pursuant to a long-term concession agreements for construction costs incurred on federal-aid highway projects.

TITLE III--PUBLIC TRANSPORTATION

Federal Public Transportation Act of 2015

(Sec. 3003) Revises requirements for metropolitan as well as statewide and nonmetropolitan transportation planning.

Prescribes requirements for selection of MPO representatives or officials.

Authorizes MPOs serving a transportation management area to develop a congestion management plan that includes projects and strategies that will be considered in the MPO's transportation improvement program.

Treats the Bi-State MPO Region (in and around Lake Tahoe, California and Nevada) as:

• an MPO,
• a transportation management area, and
• an urbanized area (comprising a population of 145,000 in California and of 65,000 in Nevada).

(Sec. 3004) Revises requirements for the urbanized area formula public transportation grant program for an urbanized area with a population of at least 200,000.

Allows each public transportation system that is a party to a written agreement with one or more other public transportation systems within the urbanized area to allocate funds for the operating cost of equipment and facilities by a method other than by measuring vehicle revenue hours to follow the terms of the written agreement without regard to measured vehicle revenue hours.

(Sec. 3005) Revises requirements for the fixed guideway capital investment grants program.

Increases the caps on the cost and level of federal assistance for small start new fixed guideway capital projects or corridor-based bus rapid transit projects eligible for financing under fixed guideway capital investment grants.

Eliminates the prerequisite for a new fixed guideway capital project to advance to the engineering phase that it be supported by policies and land use patterns that promote public transportation.

Requires DOT to make necessary benefit, federal investment, and local financial commitment evaluations and ratings of small start projects, upon project sponsor request, upon completion of an environmental assessment under NEPA.

Includes small start projects in programs of interrelated projects (together with new fixed guideway capital projects and core capacity improvement projects, as currently).

Authorizes DOT to award such grants for new fixed guideway capital projects and core capacity improvement projects for both public transportation and intercity passenger rail service. Sets the federal share of project costs at up to 80%.

Authorizes DOT to award up to eight capital investment grants to states and local governments to assist in financing new fixed guideway capital projects or small start projects and core capacity improvement projects. Prescribes requirements for the expedited approval of such projects. Limits grants for such a project to 25% of the net capital project cost.

(Sec. 3006) Requires DOT to collect from, review, and disseminate best practices and other specified information to public transportation agencies for such projects.

Authorizes DOT to award pilot program grants to eligible recipients to assist in financing innovative projects for the transportation of seniors and disabled individuals that improve the coordination of transportation services and non-emergency medical transportation services. Sets the federal share of project costs at up to 80%.

Directs the DOT Interagency Transportation Coordinating Council on Access and Mobility to publish a strategic plan that:

• outlines federal agency role and responsibilities regarding local transportation coordination, including non-emergency medical transportation, for seniors and individuals with disabilities;
• addresses certain Council recommendations, including a cost-sharing policy for grantees; and
• examines and proposes changes to federal laws that will eliminate federal barriers to local transportation coordination.

(Sec. 3007) Revises requirements for the nonurbanized formula grant program.

Requires DOT to apportion specified amounts of rural formula grants each fiscal year for public transportation on Indian reservations.

Prescribes requirements for the allocation of such grants to multiple Indian tribes providing public transportation on tribal lands in a single Tribal Statistical Area.

(Sec. 3008) Replaces the research, development, demonstration, and deployment grant program with a public transportation innovation grant program.

Requires DOT to award grants for projects and activities to advance innovative public transportation research and development.

Requires demonstration, deployment, or evaluation projects in public transportation to seek, among other things, the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.

Prohibits any DOT grants for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the project makes significant technological advancements in the vehicle.

Requires DOT to enter into a contract or cooperative agreement with, or make a grant to, at least one institution of higher education to operate a facility to assess components for use in low or no emission vehicles.

Establishes a public transportation cooperative research program. Authorizes DOT to make grants to, and cooperative agreements with, the National Academy of Sciences to carry out public transportation research, development, and technology transfer activities.

(Sec. 3009) Revamps the technical assistance and standards development grant program as the technical assistance and workforce development grant program.

Authorizes DOT to establish a competitive grant program to assist the development of innovative activities that address human resource needs to train and develop the public transportation workforce. Sets the federal share of project costs at 50%.

Directs DOT to establish a national transit institute, and award grants to four-year degree-granting institutions of higher education to carry out institute duties, including to develop training and educational programs for federal, state, and local transportation employees, U.S. citizens, and foreign nationals engaged in federally-assisted public transportation work.

(Sec. 3011) Prohibits the use of grants or loans for public transportation to pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team.

Revises Buy America requirements for public transportation projects. Allows DOT to waive such requirements when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) whose cost of components and subcomponents produced in the United States for:

• FY2016 and FY2017, is more than 60% (as under current law) of the cost of all components of the rolling stock;
• FY2018 and FY2019, is more than 65% of the cost of all such components; and
• FY2020 and each fiscal year thereafter, is more than 70% of the cost of all components of such stock.

Prescribes requirements for:

• calculation of the domestic content of certain rolling stock frames or car shells for waiver purposes, and
• a certification of domestic supply for denied waiver applications.

(Sec. 3012) Directs DOT to prescribe regulations for project management oversight that include:

• a requirement that oversight be limited to quarterly reviews of recipient compliance with the project management plan unless the recipient requires more frequent oversight because of specified failures, and
• a process for recipients that require more frequent oversight to return to quarterly reviews.

(Sec. 3013) Revises requirements for the public transportation safety program.

Includes among the contents of the national public transportation safety plan minimum safety standards, meeting specified criteria, for the safe operation of public transportation systems.

Directs DOT to administer state safety oversight programs for rail fixed guideway public transportation systems determined inadequate of enforcing federal safety regulations or incapable of preventing substantial risk of death or personal injury until the state develops a program as meeting certain requirements.

Authorizes DOT to withhold grants to develop state safety oversight programs from states with programs deemed insufficient, including up to 5% of a state's apportionment of formula public transportation grants for urbanized areas with a population under 200,000.

Authorizes DOT also to take certain enforcement action against a recipient that does not comply with federal law regarding the safety of a public transportation system, including withholding up to 25% of a state's apportionment of urbanized area formula public transportation grants.

Requires DOT to issue restrictions and prohibitions if an unsafe condition or practice is determined to exist and be a substantial risk of death or personal injury in a public transportation system.

(Sec. 3014) Revises formulae for the apportionment of formula public transportation grants to states with urbanized areas with a population of at least 200,000 and urbanized areas with a population under 200,000.

Requires a set-aside of $30 million for each fiscal year for passenger ferry grants.

(Sec. 3015) Sets the federal share of costs at 80% for state of good repair capital projects for high intensity fixed guideways and for high intensity motorbuses.

(Sec. 3016) Reauthorizes through FY2020 the research, development demonstration, and deployment program.

Extends:

• formula grants for public transportation, including allocations for specified projects;
• technical assistance and standards development and training grants;
• capital investment grants; and
• authorization for administrative expenditures.

(Sec. 3017) Allocates certain amounts to states and territories for FY2016-FY2020 for formula bus and bus facilities grants.

Requires DOT to carry out a state pool pilot grant program for eligible recipients or state or local governmental entities in urbanized areas with a population of between 200,000 and 999,999 to support their transit asset management plans.

Revises requirements for competitive grants to eligible recipients for bus and bus facilities capital projects. Authorizes competitive grants for low or no emission bus projects.

(Sec. 3018) Limits obligational ceilings for FY2016-FY2020 for:

• formula grants for public transportation, including allocations for specified projects; and
• grants for installation of positive train control systems.

(Sec. 3019) Authorizes states (lead procurement agencies) and grantees of public transportation assistance may enter into a cooperative procurement contracts with one or more vendors for the purchase of rolling stock (railroad cars) and related equipment.

Directs DOT to establish a pilot program for lead nonprofit entities similarly to enter into such contracts for such stock and equipment.

Authorizes grantees to enter into capital leases for:

• the costs of rolling stock or related equipment, and
• certain zero emission vehicle components.

(Sec. 3020) Directs DOT to:

• begin a review of the efficacy of existing safety standards and protocols used in rail fixed guideway public transportation systems, and
• evaluate the need to establish additional federal minimum public transportation safety standards after conducting the review.

(Sec. 3021) Requires DOT to enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to evaluate whether it is in the public interest to withhold certain evidentiary public transportation safety program information in federal and state court proceedings.

(Sec. 3022) Directs DOT, after publication of a report required by Sec. 3020, to issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault.

(Sec. 3023) Declares that any paratransit systems 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 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) Requires DOT to report to Congress on the potential of the Internet of Things to improve transportation services in rural, suburban, and urban areas. (The Internet of Things is the network of physical devices, vehicles, buildings and other items embedded with electronics, software, sensors, actuators, and network connectivity that enable these objects to collect and exchange data.)

(Sec. 3025) Requires DOT to study parking safety at specified alternative transportation facilities and locations.

(Sec. 3026) Grants DOT sole authority to appoint Federal Directors to the Board of Directors of the Washington Metropolitan Area Transit Authority (WMATA).

Directs parties to the WMATA Compact to amend it to reflect such authority.

(Sec. 3027) Directs the GAO to evaluate the impact that MAP-21 changes had on public transportation, including the effectiveness of public transportation agencies to:

• furnish public transportation to low-income workers in accessing jobs and use reverse commute services; and
• support services to low-income riders to access jobs, medical services, and other life necessities.

(Sec. 3028) Makes $199 million available from the HTF Mass Transit Account for FY2017 for competitive grants for the installation of PTC systems.

(Sec. 3030) Amends MAP-21 to repeal:

• the pilot program for expedited new fixed guideway capital project or a core capacity improvement project delivery,
• the transit cooperative research program,
• requirements for public transportation facility projects for bicycles, and
• human resources and training programs in public transportation.

TITLE IV--HIGHWAY TRAFFIC SAFETY

(Sec. 4001) Reauthorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2016-FY2020 for National Highway Traffic Safety Administration (NHTSA) safety programs, including:

• the highway safety research and development program,
• national priority safety programs,
• the National Driver Register,
• the High Visibility Enforcement Program, and
• NHTSA administrative expenses.

(Sec. 4002) Revises highway safety program requirements.

Requires state highway safety programs to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities.

Requires states with installed automated traffic enforcement systems to expend the apportionment of highway safety program funds to conduct a biennial survey of such systems, and make it available on DOT's website.

Directs DOT, in coordination with the Governors Highway Safety Association, to develop procedures to allow states to submit highway safety plans electronically.

Reduces from 60 to 45 the number of days during which DOT must review and approve state highway safety plans it has received.

Revises teen traffic safety requirements.

(Sec. 4003) Revises the highway safety research and development program.

Directs NHTSA (which currently is merely authorized) to carry out collaborative research on in-vehicle alcohol detection technology to prevent alcohol-impaired driving. Directs DOT to obligate up to a certain amount of funds for the period FY2017-FY2020 to related research.

Requires DOT to establish procedures and guidelines to ensure that persons participating in a program or activity that collects data on drug or alcohol use by motor vehicle drivers are informed that the program or activity is voluntary.

Sets the federal share of project costs at 100%.

(Sec. 4004) Directs DOT to establish a high-visibility enforcement program under which at least three high-visibility traffic safety law enforcement campaigns will be carried out for FY2016-FY2020.

Requires each campaign to achieve at least one of the following objectives:

• reduce alcohol-impaired or drug-impaired driving, and
• increase the use of seatbelts.

(Sec. 4005) Revises national priority safety programs requirements.

Specifies allocations of national priority safety program funds for occupant protection, state traffic safety information system improvements, impaired driving countermeasures, distracted driving, motorcyclist safety, state graduated driver licensing laws, and nonmotorized safety.

Increases from 75% to 100% the amount of the apportionment of occupant protection grants a state may use for state highway safety programs.

Revises requirements for impaired driving countermeasures incentive grants.

Requires DOT to award separate grants to each state that:

• adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or driving while intoxicated to receive a restriction on driving privileges, and
• provides a 24-7 sobriety program.

Prescribes funding requirements.

Directs DOT to award distracted driving incentive grants to states that include distracted driving awareness as part of the state's driver's license examination, and enact and enforce a law that:

• prohibits drivers (including those under age 18) from texting through a personal wireless communications device (including a cell phone, but not a global navigation satellite [GPS] system receiver) while driving (with specified emergency exceptions),
• makes a violation a primary offense,
• establishes a minimum fine, and
• does not provide an exemption that allows a driver to text through a personal wireless communication device while stopped in traffic.

Revises motorcyclist safety incentive grant requirements.

Requires the allocation of motorcyclist safety grant funds to a state to be in proportion to the state's apportionment of highway safety program funds for FY2009, except that the grant amount may not exceed 25% of the apportionment for FY2009.

Directs DOT to update and give states model language to use in traffic safety education courses, driver's manuals, and other driver training materials instructing motor vehicle operators on the importance of sharing the road safely with motorcyclists.

Revises minimum requirements for state graduated driver licensing incentive grant programs.

Requires DOT to award incentive grants to states with graduated driving licensing laws that require novice drivers under age 18 (currently, under age 21) to comply with a two-stage licensing process before receiving an unrestricted driver's license.

Requires such laws, at a minimum, to include a learner's permit stage that:

• makes a violation of the prohibition against using a personal wireless communications device while driving (with specified emergency exceptions) a primary offense,
• requires applicants to pass a vision and knowledge assessment before receiving a learner's permit,
• requires the driver to be accompanied and supervised at all times while operating the motor vehicle by a licensed driver at least age 21 or by a state-certified driving instructor,
• requires the driver to complete a state-certified driver education or training course or obtain at least 50 hours of behind-the-wheel training (with at least 10 hours at night), with a licensed driver; and
• remains in effect until the driver attains age 16 and enters the intermediate stage, or attains 18.

Requires such laws also to include an intermediate permit stage that:

• begins immediately after successful completion of a driving skills assessment,
• makes a violation of the prohibition against using a personal wireless communications device while driving (with specified emergency exceptions) a primary offense,
• restricts driving at night between the hours of 10:00 p.m. and 5:00 a.m. when not supervised by a licensed driver age 21 or older (with specified exceptions) for the first six months of the intermediate stage, and
• remains in effect until the driver attains age 17.

Directs DOT to award nonmotorized safety grants to states for projects to decrease pedestrian and bicycle fatalities and injuries resulting from crashes with motor vehicles. Sets the federal share of project costs at up to 80%.

(Sec. 4006) Directs DOT to develop a process to identify and mitigate possible systemic issues across state and regional offices by reviewing recommendations identified in triennial state management reviews of state highway safety programs.

(Sec. 4007) Prohibits DOT from providing grants or funds to any state, county, town, township, Indian tribe, municipality, or other local government for use in any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.

(Sec. 4008) Directs DOT to study marijuana-impaired driving.

(Sec. 4009) Directs the NTHSA to identify and carry out additional actions it should undertake to assist state 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.

(Sec. 4010) Directs DOT to make available to the public on the DOT website information on states awarded national priority safety program grants.

(Sec. 4011) Amends SAFETEA-LU regarding grants to states for costs of collecting and evaluating traffic stop data based on race of motor vehicle driver and any passenger.

Repeals authority to use grant funds to develop and implement programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers.

Directs DOT to set-aside $7.5 million of highway safety research and development funds for each of FY2017-FY2020 to carry out this grant program.

Authorizes reallocation of such amounts remaining available before the end of the fiscal year to increase the amounts made available to carry out other highway safety research and development activities.

(Sec. 4012) Directs DOT to report to Congress on NTHSA progress toward reviewing and implementing recommendations made in a GAO report on the National Roadside Survey of alcohol and drug use by drivers.

(Sec. 4013) Directs NHTSA to report on any barriers to collecting data on the prevalence of the use of wireless communications devices while driving.

TITLE V--MOTOR CARRIER SAFETY

Subtitle A--Motor Carrier Safety Grant Consolidation

(Sec. 5101) Revises requirements for the motor carrier safety assistance grant program.

Directs DOT to publish approved state multiple-year motor carrier safety improvement plans, and annual updates, on the DOT public website.

Authorizes DOT, in lieu of withdrawing approval of noncompliant state plans, to withhold from such states, for the fiscal year, graduated percentages of grant program funds.

Directs DOT to administer a financial assistance program for discretionary grants to and cooperative agreements with states, local governments, federally-recognized Indian tribes, and other persons to carry out high priority motor carrier safety activities and projects.

Requires DOT to establish a program of discretionary grants to states for the innovative technology deployment of commercial motor vehicle information systems and networks.

Revises requirements for reimbursement of a state, from a related grant, for 80% of the costs of developing and implementing programs to improve commercial motor vehicle safety and enforce commercial motor vehicle regulations, standards, or orders. Replaces this program with commercial motor vehicle operators grants to programs to train individuals in the safe operation of commercial motor vehicles.

Authorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2017-FY2020 for FMCSA Financial Assistance Programs, including:

• the motor carrier safety assistance grant program,
• the high priority activities program,
• the commercial motor vehicle operators grant program, and
• the commercial driver's license program implementation grant program (established in this title).

Repeals specified commercial motor vehicle safety programs.

(Sec. 5102) Renames the performance and registration information program as the performance and registration information systems management program.

(Sec. 5103) Reauthorizes appropriations from HTF (other than the Mass Transit Account) for FY2016-FY2020 for FMCSA administrative expenses.

Authorizes DOT to conduct an outreach and education program administered by the FMCSA.

(Sec. 5104) Revises the program of financial assistance grants to states to implement the commercial driver's license program.

Repeals the authorization for grants in a fiscal year to state agencies, local governments, or persons to cover 100% of the costs of priority research, development or testing, demonstration projects, public education, or other special activities relating to commercial driver's licensing and motor vehicle safety.

(Sec. 5105) Reauthorizes appropriations from the HTF (other than the Mass Transit Account) for FY2016 for the motor carrier safety assistance grant program.

Amends SAFETEA-LU to reauthorize through FY2016 appropriations from the HTF (other than the Mass Transit Account) for FMCSA programs, including:

• the commercial driver's license program improvement grants program,
• border enforcement grants,
• the performance and registration information systems management grant program,
• the commercial vehicle information systems and networks deployment program (also known as the innovative technology deployment program), and
• safety data improvement grants.

Extends through FY2016 the set-aside of certain funds for:

• high priority activities and projects to improve commercial motor vehicle safety and compliance with federal commercial motor vehicle safety regulations; and
• new entrant motor carrier audit grants.

Reauthorizes through FY2016 appropriations from the HTF (other than the Mass Transit Account) for the commercial motor vehicle operators grant program.

(Sec. 5106) Directs DOT to establish a motor carrier safety assistance program formula working group to analyze requirements and factors for a new motor carrier safety assistance program allocation formula based on specified factors.

Prescribes requirements for program funding before development of a new allocation formula.

(Sec. 5107) Directs DOT, if a new allocation formula has not been established for the pertinent fiscal year, to calculate for FY2017 and ensuing fiscal years the maintenance of effort baseline for funding the lead state agency responsible for administering the motor carrier safety assistance plan.

Allows DOT, at state request, beginning when a new allocation formula for the program is established, to waive or modify the baseline maintenance of effort required of the state if 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 does not exceed a specified sum.

Subtitle B--Federal Motor Carrier Safety Administration Reform

Part I--Regulatory Reform

(Sec. 5201) Revises requirements for a notice to DOT of cancellation of liability insurance for motor carriers, brokers, or freight forwarders. Grants DOT authority to suspend, as an alternative to revoking, the registration of the motor carrier, broker, or freight forwarder because of the lapse and subsequent cancellation of liability insurance.

(Sec. 5202) Prescribes requirements for public participation, particularly participation by segments of the motor carrier industry, in FMCSA rulemaking as well as for an impact analysis of every proposed or final rule.

(Sec. 5303) Requires each FMCSA guidance document to:

• contain certain information, including point of contact information; and
• be published on the DOT website.

Directs the FMCSA, at least once every five years, to review its guidance documents to determine whether they are consistent and clear, uniformly and consistently enforced, and still necessary.

Defines "guidance document" to mean a FMCSA document that:

• presents an interpretation of a FMCSA regulation, or
• includes a FMCSA enforcement policy.

(Sec. 5204) Directs the FMCSA to publish on the DOT website a summary of all submitted petitions for regulatory action, and respond to petitions within 180 days of publication.

(Sec. 5205) Directs the FMCSA to revise federal safety fitness regulations for motor carriers to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.

(Sec. 5206) Authorizes DOT to grant an exemption from commercial motor vehicle safety regulations for up to five years, with renewals for an additional five years.

Authorizes DOT also to make permanent certain exemptions for:

• perishable construction products,
• transport of commercial bee hives, and
• safe transport of livestock.

Part II--Compliance, Safety, Accountability Reform

(Sec. 5221) Directs the FMCSA to commission the National Research Council of the National Academies to study the the Compliance, Safety, Accountability (CSA) program and the Safety Measurement System (SMS).

Requires the Council, in conducting this study, to analyze:

• the accuracy with which the Behavior Analysis and Safety Improvement Categories (BASIC) identify high risk carriers and predict future crash risk or other safety indicators for motor carriers and the highest risk carriers; and
• existing data collection gaps or data sufficiency problems and their impact on the efficacy of the CSA program.

Directs the FMCSA, after submission of a report identifying any deficiency or opportunity for improvement in the CSA program or SMS, to submit a corrective action plan to Congress that identifies how the FMCSA will address those deficiencies or opportunities.

(Sec. 5222) Directs the FMCSA to 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, credit, or an improved SMS percentile.

(Sec. 5223) Declares that no information regarding analysis of violations, not-at-fault commercial motor vehicle crashes, alerts, or the relative percentile for each BASIC developed through the CSA program may be made available to the general public until the DOT Inspector General certifies that, among other things, any deficiencies identified in the report containing the results of the correlation study required by this subtitle have been addressed and the corrective action plan has been implemented.

(Sec. 5224) Directs the FMCSA to develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.

(Sec. 5225) Directs the FMCSA, not later than one year after making the certification required under this subtitle, to task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS. Requires the Committee to make recommendations to DOT on a process to allow motor carriers and drivers to request the FMCSA to make a determination regarding the preventability of a crash.

Subtitle C--Commercial Motor Vehicle Safety

(Sec. 5301) Directs DOT to revise certain federal regulations prohibiting obstructions to a driver's field of view to exempt from those prohibitions the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety equivalent to or greater than what would be achieved without the exemption.

(Sec. 5302) Directs the FMCSA to prioritize the completion of each outstanding statutory rulemaking before beginning any other rulemaking unless there is a significant need for the other rulemaking and Congress is notified.

(Sec. 5303) Directs GAO to report to Congress on the cost and feasibility of establishing a self-reporting system for commercial motor vehicle drivers or motor carriers regarding en route equipment failures.

(Sec. 5304) Directs DOT to assess the effectiveness of the new operator safety review program and publish the results, including any recommendations, on DOT's website.

(Sec. 5305) Requires DOT to ensure that a review is completed on each motor carrier that demonstrates through performance data for four consecutive months that it poses the highest safety risk.

(Sec. 5306) Directs DOT to convene a working group of state representatives or state law enforcement officials, as well as representatives of industry, labor, safety advocates, and other interested individuals, to review the data elements of post-accident reports for tow-away accidents involving commercial motor vehicles that are reported to the federal government.

(Sec. 5307) Directs DOT to report to Congress regarding each commercial motor vehicle safety rulemaking:

• with a statutory deadline, an explanation of why the deadline was not met as well as the expected date of completion, and
• without a statutory deadline, an expected date of completion.

Subtitle D--Commercial Motor Vehicle Drivers

(Sec. 5401) Directs DOT to modify federal minimum standards for safety fitness of commercial motor vehicle operators to:

• exempt former armed forces or reserve members over age 21 from part or all of a driving test if they had prior armed forces or reserve experience driving vehicles similar to a commercial motor vehicle,
• allow members to apply for an exemption during the one-year period after the member separated from service, and
• credit the training and knowledge received by members driving vehicles similar to commercial vehicles during their service for purposes of satisfying minimum standards for training and knowledge for the safe operation of commercial motor vehicles.

(Sec. 5402) Revises the requirement that motor carriers conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol.

Allows motor carriers to use hair testing as an acceptable alternative to mandatory urinalysis for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (and the latter only if the motor carrier tested the operator at preemployment using the same method).

Requires DOT to permit an exemption from hair testing for operators with established religious beliefs that prohibit the cutting or removal of hair.

Requires DOT to develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such a substance.

Directs the Department of Health and Human Services to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.

(Sec. 5403) Authorizes a qualified Department of Veterans Affairs physician to perform a medical examination and provide a medical certificate to comply with medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles.

Directs DOT to develop a process for including qualified physicians on the National Registry of Medical Examiners.

(Sec. 5404) Directs DOT to establish a commercial driver pilot program to study the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicles.

Defines "covered driver" to mean an individual:

• between 18 and 21,
• who is a member of the armed forces or reserves, and
• qualified in a Military Occupational Specialty to operate a commercial motor vehicle or similar vehicle.

Directs DOT to collect and analyze data relating to accidents involving drivers participating in the pilot program.

Prohibits drivers from:

• transporting passengers or hazardous cargo, or
• operating a vehicle in special configuration.

Directs DOT to establish a working group to evaluate the pilot program.

Subtitle E--General Provisions

(Sec. 5501) Directs the DOT Inspector General to report to Congress on the average length of time that commercial motor vehicle operators are delayed before the loading and unloading of vehicles and at other points in the pick-up and delivery process.

(Sec. 5502) Directs the DOT to establish a working group to determine best practices for expeditious state approval of special permits for emergency response and recovery vehicles that exceed federal and state truck length or width limits to operate safely on designated emergency routes.

(Sec. 5503) Directs DOT to establish a working group to develop recommendations on how best to convey to consumers information on federal laws about the interstate transportation of household goods by motor carrier.

(Sec. 5504) Directs GAO to conduct an analysis of FMCSA's information technology and data collection and management systems.

(Sec. 5505) Directs DOT to report to Congress on DOT actions to process motor carrier registration applications within 30 days after receipt.

(Sec. 5506) Directs the FMCSA to report to Congress on skills testing delays for commercial driver's license applicants.

(Sec. 5507) Revises electronic logging device requirements.

Permits a motor carrier to require its drivers to comply with federal hours of service requirements by using either a paper record of duty status form or an electronic logging device when transporting a motor home or recreation vehicle trailer in a driveaway-towaway operation (in which an empty or unladen motor vehicle with one or more sets of wheels is being transported between specified business facilities).

(Sec. 5509) Directs DOT to take certain actions before initiating a rulemaking to change the minimum levels of financial responsibility for motor carriers of property and motor carriers of passengers.

(Sec. 5510) Directs DOT to study the safety operations, fire suppression capability, tire loads, and pavement impacts of operating a double-decker motorcoach with rear-attached passenger luggage rack.

(Sec. 5511) Directs GAO to submit to Congress a review of school bus safety.

(Sec. 5512) Authorizes the FMCSA to request the chief driver licensing official of a state to provide driver record information on an individual from the National Driver Register in connection with an FMCSA safety investigation.

(Sec. 5513) Directs DOT to report to Congress regarding the design, development, testing, and implementation of wireless roadside inspection systems.

(Sec. 5514) Waives federal preemption to allow states to regulate tow truck operations performed without the prior consent or authorization of the owner or operator of the towed motor vehicle.

(Currently, states are allowed to regulate only the price of for-hire motor vehicle transportation by a tow truck if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.)

(Sec. 5515) Directs the FMCSA to study the safety effects of motor carrier operator commutes exceeding 150 minutes.

(Sec. 5516) Requires South Dakota to be given the opportunity to update designated routes on the federal-aid primary system highways, as long as the update shifts routes to divided highways or does not increase centerline miles more than 5%, and is expected to increase safety performance.

(Sec. 5517) Directs DOT to publish on its website a report on federal minimum financial responsibility requirements for motor carriers transporting property.

(Sec. 5518) Revises requirements exempting certain farm vehicles from federal commercial motor vehicle safety requirements.

(Sec. 5519) Declares that the maximum hours of service for a commercial motor vehicle driver of an internal rail flaw detection vehicle equipped with flange hi-rails (hi-rail vehicle) shall not include time in transportation to or from a duty assignment provided it:

• does not exceed 2 hours per day or a total of 30 hours per month, and
• is fully accounted for in the motor carrier records and are made available upon request of the FMCSA or the Federal Railroad Administration (FRA).

(Sec. 5520) Revises federal vehicle length limitations for trucks.

Declares that an automobile transporter shall not be prohibited from transporting cargo or general freight on a backhaul (the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route), so long as it complies with federal weight limitations for truck tractors and semitrailer combinations operating on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and qualifying federal-aid primary system highways.

Prohibits states from prescribing or enforcing a regulation that 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.

(Sec. 5521) Declares that certain commercial motor vehicle safety reporting and recordkeeping requirements shall not apply to drivers of ready mixed concrete delivery vehicles provided certain requirements are met.

(Sec. 5522) Amends the Motor Carrier Safety Improvement Act of 1999 to exempt from federal maximum driving and on-duty time requirements drivers of trucks transporting construction materials and equipment to or from an active construction site within a 75 (currently, 50) air mile radius of the driver's normal work reporting location.

Authorizes a state, upon notice to DOT, to establish a different air mile radius limitation if the limitation is between 50 and 75 air miles and driver movements are taken place entirely within the state.

(Sec. 5523) Revises federal vehicle length limitations to prohibit states from prescribing or enforcing a regulation that imposes an overall length limitation of less than 82 feet on a towaway trailer transporter combination operating on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and qualifying federal-aid primary system highways.

Defines "trailer transporter towing unit" as a power unit not used to carry property when operating in a towaway trailer transporter combination.

Defines "towaway trailer transporter combination" as a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers:

• with a total weight not exceeding 26,000 pounds; and
• which carry no property and constitute inventory property of a manufacturer, distributor or dealer of such trailers or semitrailers.

(Sec. 5524) Prescribes requirements to exempt certain welding trucks used in the pipeline industry from specified federal commercial motor vehicle requirements for motor carrier registration, driver qualifications, commercial motor carrier safety, maintenance and repair, and maximum driving hours and on duty time.

(Sec. 5525) Directs DOT to report to Congress on the safety and enforcement impacts of specified sections of this Act.

TITLE VI--INNOVATION

Transportation for Tomorrow Act of 2015

(Sec. 6002) Authorizes appropriations out of the HTF (other than the Mass Transit Account) for FY2016-FY2020 for:

• the highway research and development program,
• the technology and innovation deployment program,
• training and education,
• the intelligent transportation systems (ITS) program,
• the university transportation centers program,
• the Bureau of Transportation Statistics (BTS), and
• FHWA administration.

(Sec. 6003) Directs DOT to obligate specified funds for FY2016-FY2020 for the accelerated implementation and deployment of pavement technologies program.

Directs DOT to report annually on the cost and benefits from deployment of new technology and innovations that result from the program.

(Sec. 6004) Directs DOT to establish an advanced transportation and congestion management technologies deployment initiative to award grants to a state or local government, transit agency, metropolitan planning organization representing a population over 200,000, or other state or local government subdivisions or a multijurisdictional group or consortia of research institutional or academic institutions.

(Sec. 6005) Revises certain ITS purposes, goals, and reporting requirements.

(Sec. 6010) Prescribes requirements for development of ITS infrastructure.

(Sec. 6011) Establishes the position of Assistant Secretary of Transportation for Research and Technology.

(Sec. 6012) Repeals the authorization and mandate for a Research and Innovative Technology Administration.

(Sec. 6013) Directs DOT to maintain an online course curriculum to train public sector emergency response and preparedness teams in hazardous material (hazmat) transportation.

(Sec. 6014) Authorizes DOT, as part of the hazardous material technical assessment, research and development, and analysis program, to carry out cooperative research on hazmat transport.

(Sec. 6015) Eliminates the Office of Intermodalism of the Research and Innovative Technology Administration [Office of the Assistant Secretary for Research and Technology of DOT].

(Sec. 6016) Revises requirements for the university transportation centers program.

(Sec. 6017) Declares that the BTS shall not be required to obtain the approval of any other officer or employee of:

• DOT with respect to the collection or analysis of any information, or
• the U.S. government, before publication, with respect to the substance of any statistical technical reports or press releases lawfully prepared by the BTS.

Grants the BTS a significant role in the disposition and allocation of its authorized budget, including:

• all hiring, grants, cooperative agreements, and contracts awarded by the BTS; and
• the disposition and allocation of amounts paid to the BTS for cost-reimbursable projects.

(Sec. 6018) Directs the BTS to establish a port performance statistics program to provide nationally consistent measures of performance of at least the nation's top 25 ports by tonnage, its top 25 ports by 20-foot equivalent unit, and its top 25 ports by dry bulk.

Directs the BTS to collect monthly port performance measures for each specified U.S. port that receives federal assistance or is subject to federal regulation to report annually to the BTS on statistics on capacity and throughput.

(Sec. 6019) Requires the head of each DOT modal administration and joint program office to submit an annual modal research plan for approval to the DOT Assistant Secretary for Research and Technology (Assistant Secretary).

Prohibits DOT from expending funds on research determined by the Assistant Secretary to be duplicative unless:

• the research is required by an Act of Congress,
• it was part of a contract funded before enactment of this Act,
• it updates previously commissioned research, or
• the Assistant Secretary certifies to Congress that it is necessary.

Directs DOT shall publish annually, on a public website, a comprehensive database of all DOT research projects, including research funded through University Transportation Centers.

Requires DOT to develop a five-year transportation research and development (R&D) strategic plan.

(Sec. 6020) Directs DOT to establish a program to award grants to states to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the HTF.

(Sec. 6021) Directs DOT to enter into an agreement with the Transportation Research Board of the National Academies to study actions needed to upgrade and restore the Dwight D. Eisenhower National System of Interstate and Defense Highways to its role as a premier system network that meets the growing and shifting demands of the 21st century.

(Sec. 6022) Authorizes DOT to study the impact of pavement durability and sustainability on vehicle fuel consumption, vehicle wear and tear, road conditions, and road repairs.

(Sec. 6023) Authorizes DOT to convene a transportation technology policy interagency working group.

(Sec. 6024) Authorizes DOT to solicit the support of other federal research agencies and national laboratories to assist in the pursuit and resolution of identified research challenges.

(Sec. 6025) Directs GAO to assess the status of autonomous transportation technology policy developed by U.S. public entities.

(Sec. 6026) Authorizes DOT to conduct research on the reduction of traffic congestion.

(Sec. 6027) Authorizes DOT to study digital technologies and information technologies, including shared mobility, data, transportation network companies, and on-demand transportation services to develop best practices for use of such information and technology in the planning of smart cities.

(Sec. 6028) Directs the FHWA to develop data sets and analysis tools to assist MPOs, states, and the FHWA in carrying out performance management analyses of federal-aid highways.

TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Hazardous Materials Transportation Safety Improvement Act of 2015

Subtitle A--Authorizations

(Sec. 7101) Reauthorizes DOT hazmat transportation safety projects for FY2016-FY2020.

Authorizes DOT to make certain expenditures, including an amount for hazmat training grants, from the Hazardous Materials Emergency Preparedness Fund.

Directs DOT to withhold a specified amount of funds for each fiscal year for competitive community safety grants.

Subtitle B--Hazardous Material Safety and Improvement

(Sec. 7201) Revises requirements for safe hazmat transportation.

Authorizes DOT to waive compliance with federal hazmat transportation safety standards, without prior notice and comment, if DOT determines that:

• it is in the public interest and not inconsistent with the safety of transporting hazmat, and
• is necessary for the safe movement of hazmat into, from, and within an area declared a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(Sec. 7202) Prohibits DOT from denying a non-temporary safety permit to a motor carrier transporting hazmat based on a comprehensive review of the carrier triggered by safety management system scores or out-of-service disqualification standards, unless:

• the carrier has the opportunity, before the denial, to submit a corrective action plan; and
• the plan is insufficient to address safety concerns in the course of the review.

(Sec. 7203) Revises requirements for DOT planning and training grants to states and Indian tribes to:

• carry out hazmat emergency plans, and
• train public sector employees to respond to hazmat accidents and incidents.

(Sec. 7204) Requires DOT to:

• publish, and make public on DOT's website, notice of the filing of an application for a new special permit (under current law, application for a special permit) or a modification to an existing special permit authorizing a variance from federal regulations for the transportation of hazmat, and
• give the public an opportunity to inspect the safety analysis and comment on the application for 15 days.

Decreases from 180 days to 120 days (after the first day of the month following the filing of an application) the deadline by which DOT must issue, renew, or deny a special permit.

Directs DOT periodically, but at least every 120 days, to:

• publish 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
• make publicly available on the DOT website notice of the final disposition of any other special permit during the preceding quarter.

(Sec. 7205) Directs DOT to make available biennially on the DOT website (instead of to specified congressional committees) a comprehensive report on hazmat transportation for the preceding two calendar years.

(Sec. 7206) Directs DOT to withdraw a certain proposed rule described in the notice of proposed rulemaking issued on January 27, 2011, entitled "Safety Requirements for External Product Piping (wetlines) on Cargo Tanks Transporting Flammable Liquids."

Declares that nothing in this requirement shall prohibit DOT from issuing standards or regulations regarding the safety of wetlines on cargo tanks transporting flammable liquids after the withdrawal is carried out.

(Sec. 7207) Directs GAO to study the standards, metrics, and protocols that DOT uses to regulate the performance of persons ("third-party labs") approved to recommend hazard classifications for the transportation of new explosives.

(Sec. 7208) Directs DOT to allow states, at their discretion, to waive the requirement for a holder of a Class A commercial driver's license to obtain a hazmat endorsement, as long as certain requirements are met.

Subtitle C--Safe Transportation of Flammable Liquids by Rail

(Sec. 7301) Directs DOT to establish a competitive program for the award of community safety grants to nonprofit organizations for:

• 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
• training state and local personnel responsible for enforcing the safe transportation of hazmat, including Class 3 flammable liquids by rail.

(Sec. 7302) Directs DOT to issue regulations requiring Class I railroads transporting hazmat to:

• generate accurate, real-time, and electronic train consist information, including emergency response information;
• grant each applicable fusion center secure access to such information;
• require each such fusion center to supply that information to state and local first responders, emergency response officials, and law enforcement personnel involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation;
• require each Class I railroad to give advanced notification and information on high-hazard flammable trains to each state emergency response commission; and
• prescribe requirements for further transmission of such information to specified first responders, officials, and personnel.

(Sec. 7303) Directs GAO to study whether weaknesses exist in the emergency response information carried by train crews transporting hazmat.

(Sec. 7304) Requires the phase-out by specified deadlines of all DOT-111 specification (non-pressurized) railroad tank cars transporting Class 3 flammable liquids not retrofitted to meet DOT-117, DOT-117P, or DOT-117R design specifications established by the May 2015 final rule for the safe transportation of flammable liquids by rail.

(Sec. 7305) Directs DOT to issue regulations to require each tank car built to meet the DOT-117 specification and each non-jacketed tank car modified to meet the DOT-117R specification to be equipped with an insulating blanket with at least one-half inch thick DOT-approved material.

(Sec. 7306) Requires top fittings for DOT-117R tank cars, with specified exceptions, to be located inside a protective housing not less than one-half inch in thickness and constructed of material having a tensile strength not less than 65 kilopound per square inch and meeting certain other specifications.

(Sec. 7307) Directs DOT to notify Congress on the status of a certain rulemaking on oil spill response plans.

(Sec. 7308) Directs DOT to implement a reporting requirement to monitor industry-wide progress toward modifying rail tank cars transporting Class 3 flammable liquids by specified deadlines.

(Sec. 7309) Directs the Department of Energy, in cooperation with DOT, and within 180 days after completion of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study at Sandia National Laboratories, to report to Congress on it and its recommendations.

(Sec. 7310) Directs DOT to initiate a study on the levels and structure of insurance for railroad carriers transporting hazmat.

(Sec. 7311) Directs the GAO to evaluate independently any electronically controlled pneumatic (ECP) brake systems, pilot program data, and DOT research and analysis on the costs, benefits, and effects of such systems.

Directs DOT to 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.

Defines "ECP brake system" as a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an Depancreatizing device 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.

Requires DOT to incorporate evaluation results fully and update the regulatory impact analysis of the final rule issued on May 8, 2015, entitled "Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains," especially the costs, benefits, and effects of the applicable ECP brake system requirements.

TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

(Sec. 8001) Directs DOT to develop, update every five years, and publish on its website a national freight strategic plan.

Revises requirements for the National Multimodal Freight Network, freight investment plans and transportation investment data and planning tools.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

(Sec. 9001) Directs DOT to establish:

• a National Surface Transportation and Innovative Finance Bureau to promote innovative financing best practices and provide assistance from infrastructure finance programs, the railroad rehabilitation and improvement financing program, and allocations for qualified highway or surface freight transfer facilities; and
• a Council on Credit and Finance to review and make recommendations on applications for such assistance.

TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

(Sec. 10001) Amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2021 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. Revises also amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure.

(Sec. 10002) Sets aside a separate amount each fiscal year through FY2021 for the Coast Guard's administration of the national recreational boating safety program.

TITLE XI--RAIL

Passenger Rail Reform and Investment Act of 2015

Subtitle A--Authorizations

(Sec. 11001) Authorizes appropriations to DOT for FY2016-FY2020 for the National Railroad Passenger Corporation (Amtrak) for:

• the Northeast Corridor Improvement Fund account,
• the National Network account,
• consolidated rail infrastructure and safety improvements grants,
• federal-state partnership for state of good repair grants,
• restoration and enhancement grants, and
• the Office of the Inspector General.

Requires set-asides of specified funds for FY2016-FY2017 to:

• convene the Gulf Coast rail service working group, and
• implement the small business participation study.

Authorizes DOT to withhold a specified amount for each fiscal year for:

• the State-Supported Route Committee, and
• the Northeast Corridor Commission.

Subtitle B--Amtrak Reforms

(Sec. 11201) Directs DOT to establish an account structure and improvements to accounting methodologies to support the Northeast Corridor and National Network accounts.

(Sec. 11202) Directs Amtrak to establish internal controls to ensure its costs and revenues are allocated to either the Northeast Corridor or the National Network.

Directs DOT to establish substantive and procedural requirements for Northeast Corridor and National Network investment capital grant requests.

(Sec. 11203) Requires Amtrak to submit to Congress and DOT final 5-year business line plans and 5-year capital asset plans.

(Sec. 11204) Directs DOT to establish the State-Supported Route 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.

(Sec. 11205) Revises requirements for, and increases from 9 to 10 the number of, members of Amtrak's Board of Directors.

(Sec. 11206) Amends the Passenger Rail Investment and Improvement Act of 2008 to revise requirements with respect to methodologies for Amtrak route and service planning decisions an independent entity must develop and recommend for Amtrak to use in the planning of intercity rail passenger transportation routes and services.

(Sec 11207) Directs Amtrak to develop a plan to eliminate the operating loss for food and beverage service on board its trains.

Bars the use of federal funds, beginning five years after enactment of this Act, to cover any such loss on a route operated either by Amtrak or a rail carrier that operates a route in lieu of Amtrak.

(Sec. 11208) Requires Amtrak, before entering into contracts exceeding $100 million to procure rolling stock and locomotives, to submit to DOT and Congress a business case analysis on the utility of such procurements.

(Sec. 11209) Directs Amtrak to 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.

(Sec. 11210) Directs Amtrak to:

• develop a pilot program to allow passengers to transport domesticated cats or dogs on certain Amtrak trains, and
• collect fees for each cat or dog (except service animals) transported by a ticketed passenger.

Bars the use of federal funds to implement this program.

(Sec. 11211) Directs Amtrak to request proposals from qualified persons or entities to utilize right-of-way and real estate owned by Amtrak for telecommunications systems, energy distribution systems, and other appropriate activities. Authorizes Amtrak to enter into an agreement to implement any such proposal or proposals.

(Sec. 11212) Requires Amtrak to report to Congress on options to enhance economic development and accessibility of and around Amtrak stations and terminals.

Directs Amtrak to request 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, and other entities in enhancing economic development in and around such stations and terminals using these options.

(Sec. 11213) Directs the Amtrak Inspector General to:

• evaluate Amtrak's boarding procedures for passengers, including those using or transporting nonmotorized transportation, such as bicycles, at its 15 stations through which the most people pass; and
• make certain comparisons and recommendations to improve such procedures.

(Sec. 11214) Amends the Passenger Rail Investment and Improvement Act of 2008 to extend indefinitely specified authority to restructure long-term Amtrak debt and capital leases. Limits any such restructuring to the extent provided in advance in appropriations Acts.

Prohibits Amtrak from incurring more debt after the enactment of this Act without the express advance approval of DOT (as under current law), unless that debt receives credit assistance (including direct loans and loan guarantees) under the Railroad Revitalization and Regulatory Act of 1976.

(Sec. 11215) Prescribes requirements for elimination of duplicative Amtrak reporting requirements.

Subtitle C--Intercity Passenger Rail Policy

(Sec. 11301) Authorizes DOT to make grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, Amtrak or other rail carrier providing intercity rail passenger transportation, a Class I or Class II railroad, or other specified entities to assist in financing the cost of rail projects to improve the safety, efficiency, or reliability of passenger and freight rail transportation systems.

Authorizes DOT to establish performance measures for grant recipients to assess progress in achieving certain strategic goals and objectives.

Makes at least 25% of appropriations for such grants available for projects in rural areas.

Requires DOT to allocate an appropriate portion for grants to states:

• for freight rail capital projects in cases where there is no intercity passenger rail service, or
• where the rail transportation system is not physically connected to rail systems in the continental United States or may not qualify for a grant for transportation-related capital projects.

(Sec. 11302) Directs DOT to develop a federal-state partnership program for issuing competitive grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, or Amtrak for capital projects to replace, rehabilitate, or repair major infrastructure assets for providing intercity passenger rail service.

(Sec. 11303) Directs DOT to develop a program for issuing three-year competitive operating assistance grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, Amtrak, or a rail carrier to initiate, restore, or enhance intercity rail passenger service.

(Sec. 11304) Directs DOT to 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.

(Sec. 11305) Revises the purpose of the Northeast Corridor Commission to require it to promote mutual cooperation and planning pertaining to rail infrastructure investments of the Northeast Corridor.

Revises membership composition of the Commission to include individuals from the Office of the Secretary of Transportation and the Federal Transit Administration.

Requires the Commission to update periodically its statement of goals concerning the future of Northeast Corridor rail infrastructure and operations and to submit it to Congress, along with with annual performance reports and recommendations for improvements for commuter, intercity, and freight rail transportation along the Corridor, as well as a Northeast Corridor capital investment plan.

(Sec. 11306) Directs the Commission to develop:

• a capital investment plan for the Northeast Corridor main line between Boston, Massachusetts, and the Virginia Avenue interlocking in the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
• a Northeast Corridor service development plan, updated at least once every 10 years.

Requires Amtrak and each state and public transportation entity that owns infrastructure providing intercity rail passenger transportation on the Northeast Corridor to develop an asset management system and develop, and update as necessary, a Northeast Corridor asset management plan.

(Sec. 11307) Directs DOT to implement a pilot program for the competitive selection of a rail carrier or rail carriers owning infrastructure over which Amtrak operates a long-distance route, a state (or group of states), or state-supported joint powers authority or other sub-state governance entity providing intercity rail passenger transportation over such long-distance routes in lieu of Amtrak to operate three long-distance routes.

(Sec. 11308) Requires DOT to:

• issue a request for proposals meeting certain performance standards for the financing and construction of a high-speed passenger rail system within specified high-speed rail corridors, and
• establish a commission for each corridor with one or more proposals that satisfy specified requirements to review and report on the proposals.

Requires DOT then to 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.

(Sec. 11309) Prescribes requirements for the award of large capital project grants in excess of $1 billion.

(Sec. 11310) Directs DOT to study the availability and use of small businesses owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity rail passenger transportation projects.

(Sec. 11311) Directs DOT to study:

• 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 both systems.

(Sec. 11312) Directs the Commission to study the feasibility of and options for permitting through-ticketing between Amtrak service and commuter rail services on the Northeast Corridor.

Directs DOT, in cooperation with the Commission, Amtrak, and commuter rail transportation authorities on the Northeast Corridor, to study the potential benefits of joint procurement by Amtrak and those authorities of common materials, assets, and equipment when spending federal funds.

(Sec. 11313) Directs DOT to conduct a data needs assessment to support development of an intercity passenger rail network.

(Sec. 11314) Grants the Amtrak Inspector General authority to investigate alleged activities meant to defraud the United States.

Directs the Inspector General to initiate an assessment of whether Amtrak's current expenditures or procurements use competitive, market-driven provisions to fulfill the Americans with Disabilities Act of 1990.

Subtitle D--Safety

(Sec. 11401) Directs the FRA to:

• develop a model of a state-specific highway-rail grade crossing action plan meeting specified requirements,
• distribute the plan to each state, and
• promulgate a rule requiring each state and implement its own action plan.

(Sec. 11402) Directs DOT 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 such grade crossings.

(Sec. 11403) Requires the GAO to evaluate the final rule issued on August 17, 2006, entitled "Use of Locomotive Horns at Highway-Rail Grade Crossings."

(Sec. 11404) Requires DOT, after certifying that each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation complies with positive train control (PTC) requirements, to study the possible effectiveness of PTC and related technologies on reducing collisions at highway-rail grade crossings.

(Sec. 11405) Amends the Rail Safety Improvement Act of 2008 to authorize a state or local government to request DOT for a public version of any bridge inspection report generated under a track owner's bridge safety management program for a bridge located in its jurisdiction.

(Sec. 11406) Directs each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation to 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.

Requires each railroad carrier, after completing the survey, to submit for DOT approval 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 as well as the maximum authorized operating speed for passenger trains at that location;
• describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each identified location;
• contains milestones and target dates for implementing each appropriate action; and
• ensures compliance with the maximum authorized speed at each identified location.

Authorizes DOT, however, to exempt from these requirements each segment of track for which operations are governed by a certified PTC system or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk.

(Sec. 11407) Directs DOT to promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation or commuter rail passenger transportation. Authorizes an alternative safety measure that would achieve an equivalent or greater level of safety in providing additional signal protection.

(Sec. 11408) Directs DOT to 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.

Requires DOT to consider exempting from any final requirements each segment of track for which operations are governed by a certified PTC system or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection.

(Sec. 11409) Directs DOT to 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.

Authorizes DOT, after this evaluation, to promulgate a rule for high density commuter railroad lines, considering the following regulatory requirements for such lines:

• at least once every two weeks traverse each main line by vehicle or inspect it on foot, and
• at least once each month traverse and inspect each siding by vehicle or by foot.

(Sec. 11410) Directs DOT, in cooperation with the NTSB and Amtrak, to conduct a post-accident assessment of the Amtrak Northeast Regional Train #188 crash on May 12, 2015, adhering to specified requirements.

(Sec. 11411) Directs DOT to 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.

Prohibits the use of an in-cab audio or image recording obtained by a railroad carrier to retaliate against an employee.

(Sec. 11412) Revises authorities of and requirements for railroad police officers. Applies them to officers either directly employed by or contracted by a rail carrier.

Requires such a railroad police officer, who is certified or commissioned as a police officer under the laws of a state, who transfers primary employment or residence from the certifying or commissioning state to another state or jurisdiction to apply within one year after the transfer to be certified or commissioned as a police office under the laws of the state of new primary employment or residence.

Declares that a state may recognize as meeting its basic police officer certification or commissioning requirements for qualification as a rail police officer 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.

Requires DOT to revise certain regulations 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.

(Sec. 11413) Authorizes DOT to receive and expend cash, or receive and utilize spare parts and similar items, from non-federal government sources to repair damages to or replace federal government-owned automated track inspection cars and equipment as a result of third-party liability for such damages. Requires any amounts collected to be credited directly to the FRS Railroad Safety and Operations account and 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.

Repair and replacement of damaged track inspection equipment.

(Sec. 11414) Requires DOT to report to Congress on FRA research into developing a system that measures vertical track deflection from a moving rail car, including the system's ability to identify poor track support from fouled ballast, deteriorated cross ties, or other conditions.

(Sec. 11415) Declares $295 million (adjusted for inflation) to be the maximum 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.

Subtitle E--Project Delivery

Track, Railroad, and Infrastructure Network Act or the TRAIN Act

(Sec. 11502) Exempts improvements to, maintenance, rehabilitation, or operation of railroad or rail transit lines that are in use (including bridges or tunnels located on railroad or transit lines on which service has been discontinued or that have been railbanked or otherwise reserved for goods or passenger transportation), or were historically used for the transportation of goods or passengers, from federal policies and requirements for the preservation of public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Allows such improvements, however, regarding stations or bridges or tunnels located on abandoned or unused lines.

(Sec. 11503) Directs DOT to:

• apply specified project development procedures, to the greatest extent feasible, to any railroad project that requires DOT approval under NEPA, and
• incorporate aspects of such procedures into agency regulations and procedures in a manner that increases the efficiency of the review of railroad projects.

Requires DOT also to survey FRA use of categorical exclusions in transportation projects since 2005 and publish in the Federal Register a review of the survey that describes:

• the types of actions categorically excluded; and
• any actions DOT is considering for new categorical exclusions, including those that would conform to those of other modal administrations.

Directs DOT to publish, one year after enactment of this Act, a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require DOT approval under NEPA and develop a process for considering new categorical exclusions.

(Sec. 11504) Directs DOT to submit to the Advisory Council on Historic Preservation, one year after enactment of this Act, a proposed exemption, and 180 days later, a final exemption of railroad rights-of-way from review for their effect on historic property consistent with a specified exemption for interstate highways approved on March 10, 2005.

Subtitle F--Financing

Railroad Infrastructure Financing Improvement Act

(Sec. 11603) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct DOT to make direct loans and loan guarantees to joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity).

(Sec. 11604) Requires direct loans and loan guarantees for railroad rehabilitation to:

• cover pre-construction costs;
• reimburse planning and design expenses relating to specified activities; and
• finance economic development during a specified four-year period, including commercial and residential development, and related infrastructure and activities, that incorporate private investment and meet certain other specifications.

Directs DOT to require a non-federal match of at least 25% for transit-oriented development projects.

(Sec. 11605) Divides into 30 days and 60 days the current 90 day deadline for approval or disapproval of a loan or loan guarantee application. Requires DOT to notify direct loan or loan guarantee applicants within 30 days if their applications are incomplete, and within another 60 days to approve or disapprove a resubmitted application.

Authorizes the collection of charges for certain costs additional to the evaluation of applications. Repeals the current formula cap on such a charge.

(Sec. 11606) Allows the term for repayment of a direct loan or loan guarantee to extend from a maximum of 35 years to a maximum of the lesser of:

• 35 years after the date of substantial completion of the project; or
• the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established.

Authorizes DOT to allow, for up to one year over the duration of the direct loan, an obligor to add unpaid principal and interest to the outstanding balance if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on a direct loan. Allows also prepayments without penalty.

Authorizes DOT, after notifying the obligor, also to sell to another entity or reoffer into the capital markets a direct loan for the project if the sale or reoffering has a high probability of being made on favorable terms. Prohibits any change to the original terms and conditions of the secured loan without the obligor's prior written consent.

Declares that a direct loan shall not be subordinated to the claims of any holder of project obligations in the event of the obligor's bankruptcy, insolvency, or liquidation. Permits waiver of this prohibition against subordination for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture for an A-rated direct loan that meets specified security and other criteria.

(Sec. 11607) Repeals authority for cohorts of loans.

Allows a direct loan or loan guarantee applicant to propose, and requires DOT to accept as a basis for determining the amount of a credit risk premium any of the following in addition to the value of any tangible asset:

• 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;
• adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source;
• an investment-grade rating on the direct loan or loan guarantee (which must be from at least two rating agencies if the loan or guarantee exceeds $75 million); or
• a rating on the direct loan or loan guarantee.

(Sec. 11608) Authorizes DOT to enter into a master credit agreement (to make one or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge) contingent upon prior satisfaction of specified conditions.

(Sec. 11609) Requires DOT, in granting direct loans and loan guarantees, among other priority projects to give priority to those for improving railroad stations and passenger facilities and increasing transit-oriented development.

(Sec. 11611) Directs the GAO to analyze how the Railroad Rehabilitation and Improvement Financing Program can be used to improve passenger rail infrastructure.

DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015

TITLE XXIV[sic]--MOTOR VEHICLE SAFETY

SubtitleA--Vehicle Safety

(Sec. 24101) Reauthorizes through FY2020 the administration of DOT motor vehicle safety requirements and requirements for consumer information, bumper standards, odometers, automobile fuel economy, and theft prevention.

(Sec. 24102) Requires the DOT Inspector General to report periodically to specified congressional committees on whether and what progress has been made to implement the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST-2015-063).

Requires the NHTSA to brief these committees periodically on the actions it has taken to implement those recommendations, and submit a final report on implementation of all of the recommendations within one year after enactment of this Act.

(Sec. 24103) Directs DOT to meet specified requirements to implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the federal website is readily accessible and easy to use.

Requires the GAO to study the current consumer, dealer, and manufacturer use of the safety recall information made available to the public, including the usability and content of the federal and manufacturers' websites and NHTSA efforts to publicize and educate consumers about safety recall information.

Amends MAP-21 to require DOT to:

• update periodically the method of conveying recall information to consumers, dealers, and manufacturers, such as through public service announcements; and
• make available to the public on the Internet detailed guidance for consumers submitting safety complaints.

(Sec. 24104) Directs DOT to prescribe a final rule revising the regulations for manufacturer's recall for a defect relating to motor vehicle safety or a noncompliance with a federal motor vehicle safety standard. Requires any recall to include notification by electronic means in addition to notification by first class mail.

(Sec. 24105) Directs DOT to implement a two-year pilot program of grants to states to evaluate the feasibility and effectiveness of a state process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the state.

(Sec. 24106) Extends a manufacturer's recall obligations to filing of a petition in bankruptcy under chapter 7 (Liquidation).

(Sec. 24107) Prescribes owner or requester notification requirements for a dealer to meet in order to obtain reimbursement from a manufacturer fair reimbursement for providing a remedy without charge under the manufacturer's recall.

(Sec. 24108) Extends from 60 days to 180 days the time after receipt of a recall notice for a tire owner or purchaser to present a defective or noncomplying tire to the manufacturer to remedy the defect or noncompliance.

(Sec. 24109) Raechel and Jacqueline Houck Safe Rental Car Act of 2015

Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied.

Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company.

Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet.

Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed.

Makes these special rules for rental companies inapplicable to junk automobiles.

Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable.

Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations.

Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies.

Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks.

Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.

Declares that nothing in this Act shall: (1) be construed to create or increase any liability for a manufacturer who manufactures or imports a motor vehicle that is subject to defect or noncompliance recall requirements; or (2) supersede or otherwise affect the contractual obligations, if any, between such manufacturer and a rental company.

(Sec. 24110) Increases from $5,000 to $21,000 maximum civil penalties for certain violations of motor vehicle safety, and from $35 million to $105 million the maximum civil penalty for a series of violations.

(Sec. 24111) Authorizes a state, without DOT approval, to allow electronic odometer disclosures meeting certain requirements relating to the transfer of vehicles.

(Sec. 24112) Directs DOT (which currently is merely authorized) to promulgate rules requiring a senior official responsible for safety in any company submitting information to the Secretary in response to a request for information in a safety defect or compliance investigation to make specified certifications.

(Sec. 24113) Requires DOT to report on the feasibility of a technical system that would operate in each new motor vehicle to indicate when it is subject to an open manufacturer's recall.

(Sec. 24114) Changes from discretionary to mandatory the authority of DOT to initiate research into effective ways to minimize the risk of hyperthermia or hypothermia to children or other unattended passengers in rear seating positions.

(Sec. 24115) Directs DOT, within one year after enactment of this Act, to publish a proposed rule that:

• updates standards pertaining to tire pressure monitoring systems to ensure that such a system installed in a new motor vehicle after the effective date of the updated standards cannot be overridden, reset, or recalibrated in such a way that the system will no longer detect when the inflation pressure in one or more of the vehicle's tires has fallen to or below a significantly underinflated pressure level; and
• does not contain any provision that has the effect of prohibiting the availability of direct or indirect tire pressure monitoring systems that meet the requirements of the updated standards.

Requires DOT, within two years after enactment of this Act and with sufficient notice and comment opportunity, to issue a final rule based on the proposed rule that:

• allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate the repositioning of tire sensor locations on vehicles with split inflation pressure recommendations, tire rotation, or replacement tires or wheels of a different size than the original equipment tires or wheels; and
• ensures that a tire pressure monitoring system that is reset or recalibrated according to the manufacturer's instructions would illuminate the low tire pressure warning telltale when a tire is significantly underinflated until the tire is no longer significantly underinflated.

(Sec. 24116) Requires a manufacturer required to furnish a report for a defect or noncompliance in a motor vehicle or in an item of original or replacement equipment to include specified information on any specific component or components involved in the recall.

Subtitle B--Research And Development And Vehicle Electronics

Sec. 24201) Directs DOT to report to specified congressional committees on the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies, especially its accomplishments, its role in integrating and aggregating electronic and emerging technologies expertise across the NHTSA, its role in coordinating with other federal agencies, and its priorities over the next five years.

(Sec. 24202) Directs DOT, in carrying out motor vehicle and highway safety research, development, and testing programs and activities, and in coordination with Department of State, to enter into cooperative agreements and collaborative research and development agreements with foreign governments.

Requires the DOT Inspector General to audit DOT management and oversight of cooperative agreements and collaborative research and development agreements, including any cooperative agreements with foreign governments.

Subtitle C--Miscellaneous Provisions

Part I--Driver Privacy Act of 2015

Driver Privacy Act of 2015

(Sec. 24302) Declares that any data in an event data recorder required to be installed in a passenger motor vehicle (as provided for under Department of Transportation [DOT] regulations concerning the collection, storage, and retrievability of onboard motor vehicle crash event data) is the property of the owner or lessee of the vehicle in which the recorder is installed, regardless of when the vehicle was manufactured.

Prohibits a person, other than the owner or lessee of the motor vehicle, from accessing data recorded or transmitted by such a recorder unless:

• a court or other judicial or administrative authority authorizes the retrieval of such data subject to admissibility of evidence standards;
• an owner or lessee consents to such retrieval for any purpose, including vehicle diagnosis, service, or repair;
• the data is retrieved pursuant to certain authorized investigations or inspections of the National Transportation Safety Board (NTSB) or DOT;
• the data is retrieved to determine the appropriate emergency medical response to a motor vehicle crash; or
• the data is retrieved for traffic safety research, and the owner's or lessee's personally identifiable information and the vehicle identification number are not disclosed.

(Sec. 24303) Directs the National Highway Traffic Safety Administration, after completing a study and submitting a report to Congress, to promulgate regulations concerning the amount of time event data recorders installed in passenger motor vehicles may capture and record vehicle-related data to provide accident investigators with pertinent crash-related information.

Part II--Safety Through Informed Consumers Act Of 2015

Safety Through Informed Consumers Act of 2015

(Sec. 24322) Revises passenger motor vehicle information program requirements.

Directs DOT to promulgate a rule to ensure that passenger motor vehicle crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.

Part III--Tire Efficiency, Safety, and Registration Act of 2015

Tire Efficiency, Safety, and Registration Act of 2015 or the TESR Act

(Sec. 24332) Requires DOT to promulgate regulations for:

• tire fuel efficiency minimum performance standards, and
• tire wet traction minimum performance standards.

(Sec. 34433) Directs DOT to initiate a rulemaking to require independent distributors or dealers of tires to maintain records containing certain information on sales of tires.

(Sec. 34434) Directs DOT to examine the feasibility of requiring all tire manufacturers that must maintain purchaser records and procedures to:

• include electronic identification on every tire that reflects all of the information currently required in the tire identification number, and
• ensure that the same type and format of electronic information technology is used on all tires.

(Sec. 34435) Directs DOT to establish a publicly available electronic tire recall database.

Part IV--Alternative Fuel Vehicles

(Sec. 24341) Directs the EPA to revise certain regulations for calculating average fuel economy and average carbon-related exhaust emissions for natural gas dual fuel model type vehicles to accelerate the mandatory application of a combined model type fuel economy determined according to a specified formula starting model years after 2016 instead of starting model years after 2019.

Part V--Motor Vehicle Safety Whistleblower Act

Motor Vehicle Safety Whistleblower Act

(Sec. 24352) Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily give DOT information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury.

Authorizes DOT to pay awards to one or more whistleblowers in an aggregate amount of up to between 10% and 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million.

Denies an award to any whistleblower who:

• is convicted of a criminal violation related to such administrative or judicial action;
• contributes to the alleged violation of a requirement under this Act;
• submits to DOT information based on facts previously submitted by another whistleblower;
• fails to provide original information to DOT in the appropriate form; or
• fails to report or attempt to report the information internally through an internal reporting mechanism to the motor vehicle manufacturer, parts supplier, or dealership, unless the whistleblower reasonably believed it would have resulted in retaliation or was already known by the manufacturer, part supplier, or dealership, or unless DOT has good cause to waive this requirement.

Prohibits also an award to any whistleblower who knowingly and intentionally makes false representations. Subjects such a whistleblower to criminal penalties.

Requires nondisclosure of a whistleblower's identity, except in specified circumstances.

Authorizes a whistleblower to appeal DOT determinations in the appropriate U.S. court of appeals.

Subtitle D--Additional Motor Vehicle Provisions

(Sec. 24401) The NHTSA shall publish annually on its website, and file with specified congressional committees, an annual plan for the next year detailing its projected activities, including:

• its policy priorities,
• any rulemakings projected to be commenced,
• any plans to develop guidelines,
• any plans to restructure NHTSA or to establish or alter working groups,
• any planned NHTSA projects or initiatives, including its working groups and advisory committees, and
• any projected dates or timetables associated with any of these items.

(Sec. 24402) Declares that the requirement that a remedy be provided without charge for a defect or noncompliance does not apply if the motor vehicle or replacement equipment was bought by the first purchaser more than 15 (currently, more than 10) calendar years before the notice of a defect or noncompliance is given.

(Sec. 24403) DOT shall issue a final rule requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records, as required by specified federal regulations, for a period of at least 10 calendar years from the date on which they were generated or acquired by the manufacturer. Applies such a rule, however, only to any record in the manufacturer's possession on the rule's effective date.

(Sec. 24404) Declares that certain prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment shall not apply to the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer it for sale at the conclusion of the testing or evaluation, and that before the enactment of this declaration:

• has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable federal motor vehicle safety standards;
• has submitted to DOT appropriate manufacturer identification information meeting specified criteria; and
• if applicable, has identified an agent for service of process.

(Sec. 24405) Directs DOT to exempt from Federal Motor Vehicle Safety Standards applicable to motor vehicles (but not those pertaining to motor vehicle equipment) up to 325 replica motor vehicles per year manufactured or imported by a registered low-volume manufacturer (other than an importer) whose annual worldwide production, including by the manufacturer's parent or subsidiary, is not more than 5,000 motor vehicles.

Defines "replica motor vehicle" as one produced by a low-volume manufacturer and that:

• is intended to resemble the body of another motor vehicle manufactured at least 25 years earlier; and
• is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.

Amends the Clean Air Act to exempt form vehicle emission standards, and allow the installation of, a motor vehicle engine (including all engine emission controls) in an exempted specially produced motor vehicle if the motor vehicle engine meets certain requirements and is from a motor vehicle covered by:

• a certificate of conformity issued by the EPA for the model year in which the exempted specially produced motor vehicle is produced, or
• an executive order subject to regulations promulgated by the California Air Resources Board for the model year in which the exempted specially produced motor vehicle is produced.

(Sec. 24406) Declares that no DOT motor vehicle safety guidelines shall confer any rights on any person, state, or locality, nor operate to bind DOT or any person to the approach recommended in such guidelines.

Requires DOT, in any enforcement action regarding motor vehicle safety, to allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.

Prohibits DOT from basing an enforcement action on, or executing a consent order based on, practices alleged to be inconsistent with any such guidelines, unless the practices allegedly violate this subtitle, a motor vehicle safety standard issued under it, or another relevant statute or regulation.

(Sec. 24407) Directs DOT to revise the NHTSA crash investigation data collection system to include the collection of the following data in connection with vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash:

• the type or types of child restraint systems in use during the crash in any vehicle involved in the crash, including whether a five-point harness or belt-positioning booster; and
• if a five-point harness child restraint system was in use during the crash, whether the child restraint system was forward-facing or rear-facing in the vehicle concerned.

DIVISION C--FINANCE

TITLE XXXI[sic]--HIGHWAY TRUST FUND AND RELATED TAXES

Subtitle A--Extension of Trust Fund Expenditure Authority and Related Taxes

(Sec. 31101) Amends the Internal Revenue Code to extend through September 30, 2020, authority for expenditures from, and transfers to: (1) the Highway Trust Fund Highway and Mass Transit Accounts, (2) the Sport Fish Restoration and Boating Trust Fund, and (3) the Leaking Underground Storage Tank Trust Fund.

(Sec. 31102) Extends through September 30, 2022: (1) excise taxes on fuel used by certain buses, certain alcohol fuels, gasoline (other than aviation gasoline) and diesel fuel or kerosene, certain heavy trucks and trailers, and tires, and (2) the Leaking Underground Storage Tank Trust Fund financing rate.

Extends: (1) the tax on the use of certain heavy motor vehicles, (2) the period for claiming floor tax refunds, (3) exemptions from tax of certain sales of petroleum products and use of highway motor vehicles by states and localities, and (4) the authority for transfers of taxes to the Highway Trust Fund and transfers from such Fund of motorboat and small-engine fuel taxes.

Subtitle B--Additional Transfers to Highway Trust Fund

(Sec. 31201) Authorizes additional transfers of funds to the Highway and Mass Transit Accounts in the Highway Trust Fund.

(Sec. 31202) Authorizes the transfer of motor vehicle safety penalties to the Highway Trust Fund.

(Sec. 31203) Authorizes the transfer of amounts in the Leaking Underground Storage Tank Trust Fund to the Highway Account in the Highway Trust Fund.

TITLE XXXII: OFFSETS

Subtitle A--Tax Provisions

(Sec. 32101) Amends the Internal Revenue Code to require the Department of the Treasury, upon receiving certification by the Internal Revenue Service (IRS) that any individual has a seriously delinquent tax debt in excess of $50,000, to transmit the certification and disclose certain tax return information to the Department of State for action with respect to denial, revocation, or limitation of a passport for the individual. Prohibits State, upon receiving such certification, from issuing a passport to such an individual except in emergency circumstances or for humanitarian reasons. Requires State to revoke a passport previously issued to the individual; but to allows permitting a limited passport for return travel to the United States.

Authorizes State to deny a passport application or revoke a passport if the application does not include the applicant's Social Security number, or includes an incorrect or invalid number willfully, intentionally, negligently, or recklessly provided by the applicant.

(Sec. 32102) Directs the IRS to: (1) enter into qualified tax collection contracts to collect outstanding inactive tax receivables; (2) establish a program to hire, train, and employ special compliance personnel to collect taxes using the automated collection system; and (3) report to specified congressional committees on qualified tax collection contracts and the hiring and training of special compliance personnel.

(Sec. 32104) Amends the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 to repeal the requirement that Treasury modify appropriate regulations to set maximum extension for the tax returns of employee benefit plans filing Form 5500 at an automatic three-and-a-half-month period ending on November 15 for calendar year plans.

Subtitle B--Fees and Receipts

(Sec. 32201) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require Treasury to make an annual adjustment for inflation to fees for certain custom services.

Makes collected fees available for reimbursement of customs services and inspections costs, but only to the extent provided in appropriations Acts.

(Sec. 32202) Amends the Federal Reserve Act to limit the amount of surplus funds of federal reserve banks to $10 billion. Requires transfer of any amounts of surplus funds exceeding this limit to the Board of Governors of the Federal Reserve System (Federal Reserve Board) for transfer to the Department of the Treasury for deposit in the general fund of the Treasury.

(Sec. 32203) Prescribes a formula for determining the annual dividend of stockholders of federal reserve banks whose total consolidated assets exceed $10 billion. Requires the dividend to be the smaller of:

• the current 6% of paid-in capital stock, or
• the rate equal to the high yield of the 10-year Treasury note auctioned at the last auction held before payment of the dividend.

Reserves the current 6% dividend for a stockholder with total consolidated assets of $10 billion or less.

Requires the Federal Reserve Board to adjust the dollar amounts of total consolidated assets annually for inflation to reflect the change in the Gross Domestic Product Price Index.

(Sec. 32204) Directs DOE to draw down and sell from the Strategic Petroleum Reserve (SPR) the quantity of barrels of crude oil appropriate to maximize the financial return to United States taxpayers for each of FY2016-FY2017.

Specifies the numbers of barrels of crude oil to be drawn down from the SPR during FY2023-FY2025, ranging from 16 million (FY2023) to 25 million barrels (FY2025).

Prohibits DOE from drawing down and selling crude oil in quantities that would limit DOE authority to sell petroleum products in the full quantity authorized for prevention or reduction of the adverse impact of severe domestic energy supply interruptions.

Authorizes DOE to increase the drawdown and sales of crude oil during each of these fiscal years as appropriate to maximize the financial return to United States taxpayers.

Prohibits any drawdown or sales after a total of $6.2 billion has been deposited in the Treasury general fund from sales authorized under this section.

(Sec. 32205) Amends the Bipartisan Budget Act of 2015 to repeal, as of the date of enactment of that Act, its amendment to the Federal Crop Insurance Act requiring the Department of Agriculture (USDA) to renegotiate the Standard Reinsurance Agreement by December 31, 2016, and at least once every five years thereafter.

(The Standard Reinsurance Agreement is an agreement between the USDA and the private companies that administer the federal crop insurance program. It specifies details such as administrative and operating expense reimbursements and risk sharing between the USDA and the companies in the operation of the program. The repealed amendment establishes an 8.9% cap on the overall rate of return for insurance providers under the agreement, which is a decrease from the current negotiated rate of approximately 14.5%.)

Subtitle C--Outlays

(Sec. 32301) Amends the Federal Oil and Gas Royalty Management Act of 1982 to eliminate the payment of interest on overpayments under leases of oil and gas on federal lands.

Subtitle D--Budgetary Effects

(Sec. 32401) Prohibits the budgetary effects of this Act from being entered on either PAYGO scorecard maintained pursuant to the Statutory Pay-As-You-Go Act of 2010.

DIVISION D--MISCELLANEOUS

TITLE XLI[sic]--FEDERAL PERMITTING IMPROVEMENT

Revises the process for federal approval of major infrastructure projects by establishing best practices, requiring coordination of federal agency review of projects, and shortening the period for challenges to final decisions for issuing project permits.

(Sec. 41001) Sets forth definitions of terms used in this title, including the definition of "covered project" as any activity in the United States that requires authorization or environmental review by a federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, or any other sector as determined by a majority vote of the Federal Infrastructure Permitting Improvement Steering Council established by this Act and that:

• is subject to the National Environmental Policy Act of 1969 (NEPA);
• is likely to require a total investment of more than $200 million;
• does not qualify for abbreviated authorization or environmental review processes under any applicable law; or
• involves a project the size and complexity of which make it likely to benefit from enhanced oversight and coordination, including a project likely to require authorization from, or environmental review involving, more than two agencies or the preparation of an environmental impact statement under NEPA.

Excludes from coverage by this title: (1) highway or transportation projects, and (2) water resources development projects subject to environmental review.

(Sec. 41002) Establishes the Federal Permitting Improvement Steering Council, to be chaired by an Executive Director appointed by the President.

Requires the Executive Director to:

• establish an inventory of covered projects that are pending environmental review or authorization by the head of any federal agency;
• categorize the projects in the inventory based on sector and project type;
• for each category, identify the types of environmental reviews and authorizations most commonly involved;
• add a covered project to the inventory after receiving a notice of the initiation of a proposed covered project by a project sponsor; and
• designate a facilitating agency for each category of covered projects and publish a list of such agencies.

Requires the Council to issue recommendations on an annual basis on best practices relating to the permitting process, including best practices for enhancing early stakeholder engagement, coordination between federal and non-federal governmental entities, information collection, transparency, and training.

Requires the chief environmental review and permitting officer of each agency to: (1) act as an advisor to his or her agency's council members on matters related to environmental review and authorizations; (2) provide technical support; (3) analyze agency environmental review and authorization processes, policies, and authorities; and (4) review and develop training programs for agency staff.

Requires the Office of Management and Budget to designate a federal agency to provide support for projects that are not covered projects and administrative support and staff for the Executive Director.

(Sec. 41003) Allows for the initiation of a covered project by a project sponsor after notice to the Executive Director and the facilitating agency (the agency receiving notice from the project sponsor).

Requires the Executive Director to maintain an online database known as the Permitting Dashboard to track the status of federal environmental reviews and authorizations for covered projects and shall make a specific entry for a project on the Dashboard.

Requires a facilitating or lead agency to establish a Coordinated Project Plan for coordinating public and agency participation in, and completion of, any required federal environmental review and authorization for a covered project. Requires the Plan to include a permitting timetable that sets deadlines for action on any federal environmental review or authorization required for a project. Requires the Executive Director to mediate any disputes relating to the permitting timetables.

Directs the facilitating or lead agencies to provide an expeditious process for project sponsors to consult with each cooperating and participating agency.

(Sec. 41004) This section grants the consent of Congress for three or more contiguous states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects.

(Sec. 41005) This section requires agencies to complete environmental reviews required under NEPA for covered projects in a timely, coordinated, and environmentally responsible manner.

(Sec. 41006) This section directs federal agencies with statutory authority to authorize a state to issue or administer a permit program to initiate a national process to determine whether best practices developed by the Council are generally applicable to state permitting processes.

(Sec. 41007) Limits the period for challenges to an authorization of a covered project to no more than two years after the date of publication in the Federal Register of the final decision, unless a shorter period is specified in federal law.

(Sec. 41008) Directs the Executive Director to report annually to Congress over a 10-year period on progress under this Act during the previous fiscal year. Requires the report to assess the performance of each participating agency and lead agency. Directs the GAO also to report to Congress on agency progress in making improvements consistent with best practices and agency compliance with performance schedules.

(Sec. 41009) Authorizes specified agencies, after public notice and opportunity for comment, to issue regulations establishing a fee structure for reimbursing the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. Requires the deposit of such fees into an Environmental Review Improvement Fund for use by the Executive Director solely to administer, implement, and enforce this Act. Requires the regulations to ensure that the use of fees will not impact impartial decision-making with respect to environmental reviews or authorizations.

(Sec. 41010) Applies this Act to any covered project for which: (1) a notice of initiation is filed, or (2) an application or other request for a federal authorization is pending before a federal agency 90 days after enactment of this Act.

(Sec. 41011) Requires the GAO to report to congressional committees whether the provisions of this title could be adapted to streamline the federal permitting process for smaller projects that are not covered projects.

(Sec. 41012) States that nothing in this title amends NEPA.

(Sec. 41013) Requires the termination of this title seven years after its enactment.

TITLE XLII--ADDITIONAL PROVISIONS

(Sec. 42001) Directs the GAO to study and report on payments made to vendors of kerosene used in noncommercial aviation.

TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

(Sec. 43001) Amends the Surface Mining Control and Reclamation Act of 1977 to require increased and accelerated payments to certified states and Indian tribes to carry out abandoned mine reclamation projects.

DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES

Export-Import Bank Reform and Reauthorization Act of 2015

TITLE LI[sic]--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

(Sec. 51001) Amends the Export-Import Bank Act of 1945 to set at $135 billion, for each of FY2015-FY2019, the authorized aggregate amount of loans, guarantees, and insurance the Export-Import Bank may have outstanding at any time.

Declares that, if the rate at which borrowing entities are in default on a payment obligation (default rate) is 2% or more for a quarter, the Bank may not exceed the amount of loans, guarantees, and insurance outstanding on the last day of that quarter until the default rate becomes less than 2%.

(Sec. 51002) Directs the Bank to build to and hold in reserve, to protect against future losses, at least 5% of its aggregate amount of disbursed and outstanding loans, guarantees, and insurance.

(Sec. 51003) Amends the Export-Import Bank Reauthorization Act of 2012 (EIBRA) to require the Government Accountability Office's quadrennial review of the adequacy of the design and effectiveness of the Bank's fraud controls to include review of the Bank's compliance with these controls.

(Sec. 51004) Establishes an Office of Ethics within the Bank to recommend administrative actions to establish or enforce standards of official conduct.

(Sec. 51005) Establishes a Chief Risk Officer of the Bank to oversee all issues relating to risk within the Bank.

(Sec. 51006) Establishes also a Risk Management Committee to:

• oversee periodic stress testing on the entire Bank portfolio and the monitoring of industry, geographic, and obligor exposure levels; and
• review all required reports on the Bank's default rate.

(Sec. 51007) Directs the Bank's Inspector General to conduct an audit or evaluation of the Bank's portfolio risk management procedures, including its implementation of the duties assigned to the Chief Risk Officer.

(Sec. 51008) Authorizes the Bank to establish a pilot program for reinsurance under which it may enter into contracts and other arrangements to share risks associated with its provision of guarantees, insurance, or credit, or participation in the extension of credit.

Declares that the aggregate amount of liability the Bank may transfer through risk-sharing under a contract or other arrangement may not exceed $1 billion, nor a total of $10 billion during a fiscal year.

TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

(Sec. 52001) Directs the Bank to:

• increase from 20% to 25% of its lending authority the amount made available to finance direct exports by small business concerns, and
• include in its annual report to Congress a report on its programs for U.S. businesses with less than $250 million in annual sales.

TITLE LIII--MODERNIZATION OF OPERATIONS

(Sec. 53001) Requires the Bank to implement policies to accept electronic payments and transaction documents.

(Sec. 53002) Extends through FY2019 the Bank's authority to use a portion of its surplus to update its information technology systems.

TITLE LIV--GENERAL PROVISIONS

(Sec. 54001) Reauthorizes through FY2019 the Bank, the Sub-Saharan Africa Advisory Committee, and authority for dual use exports (of nonlethal defense articles or services primarily for civilian use).

(Sec. 54002) Limits to $25 million the principal amounts of medium-term financing by the Bank.

Increases from a minimum of $10 million to a minimum of $25 million the amounts of:

• long-term loans or loan guarantees the Bank shall seek to ensure that U.S. insurance companies have a fair and open competitive opportunity to insure in connection with any transaction for which the loan or guarantee is provided,
• working capital export loans and guarantees to small businesses, and
• long-term support for projects to which certain procedures apply regarding the potential beneficial and adverse environmental effects of goods and services for which direct lending and guarantee support is requested.

Declares that, if the long-term support for projects subject to environmental effects consideration is less than $25 million, the minimum threshold shall be the one established pursuant to international agreements, including the Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, as adopted by the Organisation for Economic Co-operation and Development Council on June 28, 2012, and the risk-management framework ("Equator Principles") adopted by financial institutions for determining, assessing, and managing environmental and social risk in projects.

TITLE LV--OTHER MATTERS

(Sec. 55001) Prohibits the Bank from:

• denying an application for financing based solely on the industry, sector, or business that the application concerns; or
• promulgating or implementing policies that discriminate against an application based solely on the industry, sector, or business that the application concerns.

Applies these prohibitions only to applications for Bank financing for projects concerning the exploration, development, production, or export of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the energy source involved.

(Sec. 55002) Amends the EIBRA to require the President instead of the Department of the Treasury to initiate and pursue negotiations to end export credit financing.

Directs the President to propose to Congress a strategy to pursue with other major exporting countries, including Organisation for Economic Co-operation and Development (OECD) members and non-OECD members, to eliminate over a 10-year period subsidized export-financing programs, tied aid, export credits, and all other forms of government-supported export subsidies.

(Sec. 55003) Directs the Bank to study the extent to which products it offers are available and used by companies that export information and communications technology services and related goods.

DIVISION F--ENERGY SECURITY

(Sec. 61001) Directs the Department of Energy (DOE) to adopt procedures to:

• improve communication and coordination between DOE's energy response team, federal partners, and industry;
• leverage the Energy Information Administration's subject matter expertise within DOE's energy response team to improve supply chain situation assessments;
• establish company liaisons and direct communication with DOE's energy response team to improve situation assessments;
• streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery;
• facilitate and increase engagement among states, the oil and natural gas industry, and DOE in developing state and local energy assurance plans;
• establish routine education and training programs for key government emergency response positions with DOE and states; and
• involve states and the oil and natural gas industry in comprehensive drill and exercise programs.

Includes among these activities collaborative efforts with state and local government officials and the private sector.

(Sec. 61002) Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to ensure that any emergency order that may result in conflict with federal, state, or local environmental law or regulations:

• requires generation, delivery, interchange, or transmission of electricity only during hours necessary to meet the emergency and serve the public interest;
• be consistent with applicable environmental law; and
• minimizes any adverse environmental impacts to the maximum extent practical.

Declares that any necessary action or omission in such an emergency that does not comply with federal, state, or local environmental law or regulation shall not be considered a violation of it, or subject the party involved to any related requirement, civil or criminal liability, or a citizen suit.

Requires such emergency orders to expire within 90 days. Authorizes FERC to renew or reissue an order for subsequent periods of no more than 90 days each as necessary to meet the emergency and serve the public interest.

Authorizes a municipality engaged in the transmission or sale of electricity, and not otherwise subject to FERC jurisdiction, to make temporary connections during an emergency with public utilities that are subject to FERC jurisdiction, and construct necessary or appropriate temporary electricity transmission facilities, without becoming subject to FERC jurisdiction by reason of that temporary connection or construction.

(Sec. 61003) Amends the Federal Power Act to authorize DOE, with or without notice, hearing, or report, to issue orders for emergency measures to protect or restore the reliability of either critical electric infrastructure or defense critical electric infrastructure whenever the President issues a written directive or determination identifying an imminent grid security emergency. Requires the President to notify specified congressional committees promptly upon issuing such a directive.

Defines "critical electric infrastructure" to mean a system or asset of the bulk-power system, whether physical or virtual, whose incapacity or destruction would negatively affect national security, economic security, public health or safety, or any combination of such matters.

Defines "defense critical electric infrastructure" to mean any electric infrastructure located in the United States (including the territories) that serves a DOE-designated facility, but is not owned or operated by the facility owner or operator.

Requires DOE to designate any such facilities that are: (1) critical to the defense of the United States, and (2) vulnerable to a disruption of the supply of electric energy provided by an external provider.

Requires DOE, before issuing an order for emergency measures, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, to consult with governmental authorities in Canada and Mexico, certain entities, the Electricity Sub-sector Coordinating Council, and other appropriate federal agencies regarding implementation of the emergency measures.

Prescribes: (1) implementation procedures (including expiration and reissuance of emergency orders); and (2) related cost recovery measures affecting owners, operators, or users of the bulk-power system.

Directs DOE, to the extent practicable and consistent with obligations to protect classified information, to provide temporary access to classified information relating to a grid security emergency to key personnel of relevant entities in order to optimize communications between them and federal agencies.

Exempts critical electric infrastructure information from mandatory disclosure under the Freedom of Information Act.

Directs FERC to: (1) designate critical electric infrastructure information, and (2) prescribe regulations and orders prohibiting its unauthorized disclosure but also authorizing appropriate voluntary sharing with federal, state, local, and tribal authorities.

Authorizes DOE also to designate critical electric infrastructure information.

States that critical electric infrastructure information may not be designated as such, however, for longer than five years, and any designation shall be subject to judicial review.

Declares that no cause of action shall lie or be maintained in any federal or state court for sharing or receiving information in accordance with this Act.

Makes DOE the lead Sector-Specific Agency for cybersecurity for the energy sector to:

• coordinate with the Department of Homeland Security (DHS) and other relevant federal departments and agencies;
• collaborate with critical electric infrastructure owners and operators as well as independent regulatory agencies and state, local, tribal, and territorial entities;
• serve as a day-to-day federal interface for the dynamic prioritization and coordination of sector-specific activities;
• carry out incident management responsibilities;
• provide, support, or facilitate technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents; and
• give DHS annually sector-specific critical electric infrastructure information to support its reporting requirements.

(Sec. 61004) Directs DOE, acting through the Office of Electricity Delivery and Energy Reliability, to submit to Congress a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations to mitigate significant impacts to the electric grid resulting from physical attack, cyber attack, electromagnetic pulse attack, geomagnetic disturbances, severe weather, or seismic events.

(Sec. 61005) Directs DOE also to develop and report to specified congressional committees, after public notice and comment, recommended U.S. energy security valuation methods.

Requires the report to:

• evaluate and define U.S. energy security to reflect modern domestic and global energy markets and the collective needs of the United States and its allies and partners;
• identify procedures and criteria to ensure that energy-related actions that significantly affect the supply, distribution, or use of energy are evaluated with respect to their potential impact on energy security, consumers and the economy, energy supply diversity and resiliency, well-functioning and competitive energy markets, the U.S. trade balance, and national security objectives; and
• recommend an implementation strategy meeting specified requirements.

DIVISION G--FINANCIAL SERVICES

TITLE LXXI[sic]--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

(Sec. 71001) Amends the Securities Act of 1933 to reduce from 21 to 15 the number of days before a "road show" that an emerging growth company (EGC), before its initial public offering (IPO) date, may publicly file a draft registration statement for confidential nonpublic review by the Securities and Exchange Commission (SEC).

(A financial "road show" is an offer [other than a statutory prospectus or a portion of one] that contains a presentation regarding an offering by one or more members of the issuer's management and includes discussion of one or more of the issuer, such management, and the securities being offered. Typically, a road show is a series of meetings across different cities, often before an IPO, in which top executives from a company have the opportunity to talk with current or potential investors.)

(Sec. 71002) Prescribes a grace period during which an issuer that was an EGC at the time it filed a confidential registration statement (or, in lieu of that, a publicly filed registration statement) for SEC review, but ceases to be an EGC, shall continue to be treated as an emerging market growth company for one year or, if earlier, until consummation of its IPO.

(Sec. 71003) Amends the Jumpstart Our Business Startups Act to direct the SEC to prescribe conditions under which a registration statement filed (or submitted for confidential review) by an issuer before its IPO may omit financial disclosure information for historical periods otherwise required.

TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

(Sec. 72001) Directs the SEC to issue regulations permitting issuers to submit a summary page on annual and transition report form 10-K if each item on that page cross-references electronically or otherwise the material contained in form 10-K to which the item relates.

(Sec. 72002) Directs the SEC to revise regulation S-K (Standard Instructions for Filing Forms under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Energy Policy and Conservation Act of 1975) in order to:

• reduce the burden on smaller issuers, including emerging growth companies, accelerated filers, and smaller reporting companies (while still providing all material information to investors); and
• eliminate duplicative, overlapping, outdated, or unnecessary provisions.

(Sec. 72003) Requires the SEC to study ways to: (1) modernize and simplify requirements in regulation S-K, and (2) evaluate information delivery and presentation methods as well as explore methods to discourage repetition and disclosure of immaterial information.

Directs the SEC also to issue a proposed rule to implement any recommendations it makes to Congress based upon the study.

TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND COST SAVINGS

(Sec. 73001) Repeals: (1) the authority of the Secretary of the Treasury to change the design of certain gold bullion coins, and (2) requirements for the protective covering for certain bullion coins.

Repeals the copper content requirements for quarter dollar coins, and requires the silver content to be at least 90%.

Makes technical revisions to the requirements for palladium bullion investment coins.

(Sec. 73002) Requires proof and uncirculated versions of American Eagle silver coins issued during calendar year 2016 to have a smooth edge incused with a designation that notes the 30th anniversary of the first issue of such coins.

TITLE LXXIV--SBIC ADVISERS RELIEF

(Sec. 74001) Amends the Investment Advisers Act of 1940 to exempt specified advisers of small business investment companies (SBICs) from certain: (1) SEC registration requirements with respect to the provision of investment advice relating to venture capital funds, and (2) SEC registration and reporting requirements with respect to assets under management of private funds.

(Sec. 74003) Extends the same exemption to specified SBIC advisers with respect to any state or local law requiring the registration, licensing, or qualifications of investment advisers.

TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

(Sec. 75001) Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from those disclosed in the most recent disclosure sent to consumers.

TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

(Sec.76001) Amends the Securities Act of 1933 to exempt from security registration requirements, and related prohibitions against using interstate commerce and the mails for the sale or delivery of securities after sale, any transaction where:

• each purchaser is an accredited investor;
• neither the seller, nor any person acting on the seller's behalf, offers or sells securities by general solicitation or advertising;
• the seller and prospective purchaser obtain from an issuer meeting certain criteria reasonably current specified information;
• the transaction is not for the sale of a security whose seller is neither an issuer nor a subsidiary of the issuer;
• neither the seller, nor any person receiving remuneration for participating in the offer or sale of the securities, is subject to certain legal disqualification (bad actor);
• the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company with no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person;
• the transaction does not involve a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution; and
• the transaction does involve a security of a class authorized and outstanding for at least 90 days before the transaction.

Deems any securities acquired in such exempt transactions to: (1) have been acquired in a transaction not involving any public offering, (2) not be a distribution involving an underwriter, and (2) be restricted securities not subject to certain transaction requirements.

Exempts all transactions under this Act from state regulation of securities offerings.

TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

(Sec. 77001) Amends the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA) with respect to a plan of action the Department of Housing and Urban Development (HUD) may approve for extension of the low-income affordability restrictions on any eligible low-income housing.

Entitles the owner of a property subject to a plan of action or use agreement to distribute:

• annually all surplus cash generated by the property, but only if the owner is in material compliance with the use agreement, including compliance with prevailing physical condition standards established by HUD; and
• any funds accumulated in a residual receipts account, notwithstanding any conflicting provision in the use agreement, but only if the individual is in material compliance with the use agreement and has completed, or set aside sufficient funds to complete, any capital repairs identified by the most recent third party capital needs assessment.

Requires an owner distributing any such amounts to:

• continue to operate the property in accordance with the affordability requirements of its use agreement for its remaining useful life;
• continue to renew or extend any project-based rental assistance contract for at least 20 years, as required by the property's plan of action; and
• have the option to extend the contract to a 20-year term, if he or she has an existing multi-year project-based rental assistance contract for less than 20 years.

(Sec. 77002) Prohibits the LIHPRHA, or any plan of action or use agreement implementing it, from restricting an owner from obtaining a new loan or refinancing an existing loan secured by a low-income housing project, or from distributing the proceeds of such a loan, except that, in conjunction with such refinancing:

• the owner shall provide for adequate rehabilitation pursuant to a capital needs assessment to ensure long-term sustainability of the property satisfactory to the lender or bond issuance agency;
• any resulting budget-based rent increase shall include debt service on the new financing, commercially reasonable debt service coverage, and replacement reserves as required by the lender; and
• any rent increases resulting from the refinancing transaction for units not covered by a project-based rental subsidy contract shall be limited to 10%, with the following exception.

Prohibits requiring any tenant who occupies a dwelling unit as of the time of the refinancing, and gives the owner proof of income, to pay for rent and utilities, for the duration of the tenancy, any amount exceeding the greater of: (1) 30% of the tenant's income, or (2) the amount the tenant paid for rent and utilities immediately before the refinancing.

(Sec. 77003) Directs HUD to issue any guidance necessary to carry out this Act within 120 days after its enactment.

TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

(Sec. 78001) Amends the United States Housing Act of 1937 with respect to annual review of low-income families' income for eligibility requirements for certain federal assisted housing programs.

Declares that, after the initial review of any family's fix income, a public housing agency (PHA) or owner may not be required to review its income for any year for which the family certifies, in accordance with specified requirements as HUD shall establish.

Requires the PHA or the owner to review each such family's income at least once every three years.

Requires PHAs also to review the income of a family receiving Section 8 (rental assistance voucher program) assistance at least once every three years (currently, at least annually).

TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

(Sec. 79001) Amends the McKinney-Vento Homeless Assistance Act to allow (in addition to a state, local government, or public housing agency) a private nonprofit organization to administer permanent housing rental assistance provided through the Continuum of Care Program under the Act.

(Sec. 79002) Requires HUD, at least once (currently, twice) during each fiscal year, to reallocate any housing assistance provided from the Emergency Solutions Grants Program that is unused or returned or that becomes available after the minimum allocation requirements under the Act.

TITLE LXXX--CHILD SUPPORT ASSISTANCE

(Sec. 80001) Amends the Fair Credit Reporting Act, with respect to the permissible purposes of consumer reports, to authorize a consumer reporting agency to furnish a consumer report in response to a request by the head of a state or local child support enforcement agency (or an authorized state or local government official), if the requester certifies that the report is needed for enforcing a child support order, award, agreement, or judgment.

Repeals the requirement for 10 days' prior notice to a consumer whose report is requested.

TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

(Sec. 81001) Directs HUD to establish a demonstration program under which, in FY2016 through FY2019, it may execute budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in:

• Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance;
• supportive housing for the elderly programs under the Housing Act of 1959; or
• supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act.

Prescribes requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for agreement terms, eligibility, geographical diversity, and funding for the program.

Limits this demonstration program to properties subject to affordability restrictions, which may be through an affordability agreement under a new housing assistance payments contract with HUD, or through an enforceable covenant with the property owner, for at least 15 years after completion of any conservation improvements made under the program.

Requires HUD to submit to specified congressional committees a detailed plan for the implementation of this Act.

Authorizes HUD, for each fiscal year during which an agreement is in effect, to use any appropriated funds for the renewal of contracts under the program.

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

(Sec. 82001) Amends the Federal Home Loan Bank Act to treat certain privately insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank.

Declares that a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank may be treated as meeting all the eligibility requirements for federal deposit insurance if the supervisor of the chartering state has determined that it meets all federal deposit insurance eligibility requirements.

Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, six months after its application date, the state supervisor has failed to act upon the application.

Declares that no state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts may apply to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit.

Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured:

• the bank's interest in any collateral securing that advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and
• the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union.

Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the Federal Housing Finance Agency.

(Sec. 82002) Directs the Government Accountability Office to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance.

TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

(Sec. 83001) Amends the Federal Deposit Insurance Act to increase from $500 million to $1 billion the asset size of small insured depository institutions eligible for 18-month on-site examination cycles.

Qualifies such an institution also for the 18-month cycle if its total assets are at most $200 million (currently $100 million) and the most recent examination found its composite condition to be good rather than outstanding.

Grants a federal banking agency discretion to increase this assets ceiling amount from $200 million to $1 billion (currently from $100 million to $500 million) if that greater asset size would be consistent with the principles of safety and soundness.

TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

(Sec. 84001) Directs the SEC to revise Form S-1 so that a smaller reporting company may incorporate by reference in a registration statement filed on that form any documents it files with the SEC after the registration statement's effective date.

TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

(Sec. 85001) Amends the Securities Exchange Act of 1934 to require an issuer that is a savings and loan holding company to register with the SEC if: (1) its assets exceed $10 million, and (2) it has a class of equity security held of record by 2,000 or more persons.

Requires this registration to be terminated after a savings and loan holding company certifies that its holders of record of that class of security have been reduced to fewer than 1,200 persons.

Declares that the duty of a savings and loan holding company to file supplementary and periodic information shall be suspended automatically if the securities of each class to which the registration statement relates (other than any class of asset-backed securities) are held of record by fewer than 1,200 persons.

TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

(Sec. 86001) Amends the Commodity Exchange Act to repeal the requirement that specified entities agree to indemnify the Commodity Futures Trading Commission (CFTC) for any expenses arising from litigation relating to certain information about swaps cleared by derivatives clearing organizations which is shared with the entities before the CFTC may share the information with them.

Repeals a similar requirement for the same entities with which a swap data repository may share swap data to agree to indemnify the repository and the CFTC for any expenses arising from similar litigation.

Amends the Securities Exchange Act of 1934 to repeal a similar requirement for the same entities (plus the CFTC) with which a securities-based swap data repository may share securities-based swap data to agree to indemnify the repository and the SEC for any expenses arising from similar litigation.

Makes these repeals take effect retroactively to enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER INSTITUTIONS

(Sec. 87001) Amends the Financial Stability Act of 2010 with respect to the date for determining the consolidated assets of smaller depository institution holding companies supervised by the Board of Governors of the Federal Reserve System.

Exempts from otherwise required capital deductions, pursuant to mandatory minimum leverage and risk-based capital requirements, any debt or equity instruments issued before May 19, 2010, by depository institution holding companies with total consolidated assets of less than $15 billion as of March 31, 2010 (currently as of December 31, 2009).

TITLE LXXXVIII--STATE LICENSING EFFICIENCY

State Licensing Efficiency Act of 2015

(Sec. 88002) Amends the S.A.F.E. Mortgage Licensing Act of 2008 to require the Attorney General to give access to all criminal history information to state officials responsible for regulating, not only state-licensed loan originators (as under current law), but also other financial service providers, to the extent such checks are required under the laws of the state for the licensing of such other financial service providers.

TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

Helping Expand Lending Practices in Rural Communities Act of 2015 or the HELP Rural Communities Act of 2015

(Sec. 89002) Directs the Consumer Financial Protection Bureau (CFPB) to establish an application process under which a person who lives or does business in a state may apply to have the CFPB identify as rural an area it has not already so identified.

Specifies factors for the CFPB to take into consideration when evaluating such an application. Permits the CFPB to disregard any designation of the area as nonrural by another federal agency.

Subjects any application to 90 days of public comment. Requires the CFPB to make a decision on a designation application within 90 days after the end of the public comment period.

(Sec. 89003) Amends the Truth in Lending Act to modify the requirements for a qualified mortgage or an escrow or impound account relating to certain consumer credit transactions secured by a first lien on the consumer's principal dwelling.

Authorizes the CFPB to include as a qualified mortgage, with respect to the presumption that the consumer has a reasonable ability to repay it, a balloon loan extended by any creditor that operates in rural or underserved areas, whether predominantly or not. (Currently the creditor must operate predominantly in rural or underserved areas.)

Authorizes the CFPB also to exempt a creditor, in connection with a consumer credit transaction secured by a first lien on the consumer's principal dwelling, from the requirement to establish an escrow or impound account for the consumer if the creditor operates in rural or underserved areas, whether predominantly or not. (Currently the creditor must operate predominantly in such areas.)

[114th Congress Public Law 94]
[From the U.S. Government Publishing Office]



[[Page 1311]]

               FIXING AMERICA'S SURFACE TRANSPORTATION ACT

[[Page 129 STAT. 1312]]

Public Law 114-94
114th Congress

                                 An Act


 
 To authorize funds for Federal-aid highways, highway safety programs, 
     and transit programs, and for other purposes. <<NOTE: Dec. 4, 
                          2015 -  [H.R. 22]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Fixing America's 
Surface Transportation Act. 23 USC 101 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fixing America's 
Surface Transportation Act'' or the ``FAST Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                   DIVISION A--SURFACE TRANSPORTATION

Sec. 1001. Definitions.
Sec. 1002. Reconciliation of funds.
Sec. 1003. Effective date.
Sec. 1004. References.

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. Nationally significant freight and highway projects.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief for federally owned roads.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. Bundling of bridge projects.
Sec. 1112. Construction of ferry boats and ferry terminal facilities.
Sec. 1113. Highway safety improvement program.
Sec. 1114. Congestion mitigation and air quality improvement program.
Sec. 1115. Territorial and Puerto Rico highway program.
Sec. 1116. National highway freight program.
Sec. 1117. Federal lands and tribal transportation programs.
Sec. 1118. Tribal transportation program amendment.
Sec. 1119. Federal lands transportation program.
Sec. 1120. Federal lands programmatic activities.
Sec. 1121. Tribal transportation self-governance program.
Sec. 1122. State flexibility for National Highway System modifications.
Sec. 1123. Nationally significant Federal lands and tribal projects 
           program.

             Subtitle B--Planning and Performance Management

Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.

              Subtitle C--Acceleration of Project Delivery

Sec. 1301. Satisfaction of requirements for certain historic sites.

[[Page 129 STAT. 1313]]

Sec. 1302. Clarification of transportation environmental authorities.
Sec. 1303. Treatment of certain bridges under preservation requirements.
Sec. 1304. Efficient environmental reviews for project decisionmaking.
Sec. 1305. Integration of planning and environmental review.
Sec. 1306. Development of programmatic mitigation plans.
Sec. 1307. Technical assistance for States.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Program for eliminating duplication of environmental reviews.
Sec. 1310. Application of categorical exclusions for multimodal 
           projects.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Improving State and Federal agency engagement in 
           environmental reviews.
Sec. 1313. Aligning Federal environmental reviews.
Sec. 1314. Categorical exclusion for projects of limited Federal 
           assistance.
Sec. 1315. Programmatic agreement template.
Sec. 1316. Assumption of authorities.
Sec. 1317. Modernization of the environmental review process.
Sec. 1318. Assessment of progress on accelerating project delivery.

                        Subtitle D--Miscellaneous

Sec. 1401. Prohibition on the use of funds for automated traffic 
           enforcement.
Sec. 1402. Highway Trust Fund transparency and accountability.
Sec. 1403. Additional deposits into Highway Trust Fund.
Sec. 1404. Design standards.
Sec. 1405. Justification reports for access points on the Interstate 
           System.
Sec. 1406. Performance period adjustment.
Sec. 1407. Vehicle-to-infrastructure equipment.
Sec. 1408. Federal share payable.
Sec. 1409. Milk products.
Sec. 1410. Interstate weight limits.
Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and 
           rehabilitation.
Sec. 1412. Projects for public safety relating to idling trains.
Sec. 1413. National electric vehicle charging and hydrogen, propane, and 
           natural gas fueling corridors.
Sec. 1414. Repeat offender criteria.
Sec. 1415. Administrative provisions to encourage pollinator habitat and 
           forage on transportation rights-of-way.
Sec. 1416. High priority corridors on National Highway System.
Sec. 1417. Work zone and guard rail safety training.
Sec. 1418. Consolidation of programs.
Sec. 1419. Elimination or modification of certain reporting 
           requirements.
Sec. 1420. Flexibility for projects.
Sec. 1421. Productive and timely expenditure of funds.
Sec. 1422. Study on performance of bridges.
Sec. 1423. Relinquishment of park-and-ride lot facilities.
Sec. 1424. Pilot program.
Sec. 1425. Service club, charitable association, or religious service 
           signs.
Sec. 1426. Motorcyclist advisory council.
Sec. 1427. Highway work zones.
Sec. 1428. Use of durable, resilient, and sustainable materials and 
           practices.
Sec. 1429. Identification of roadside highway safety hardware devices.
Sec. 1430. Use of modeling and simulation technology.
Sec. 1431. National Advisory Committee on Travel and Tourism 
           Infrastructure.
Sec. 1432. Emergency exemptions.
Sec. 1433. Report on Highway Trust Fund administrative expenditures.
Sec. 1434. Availability of reports.
Sec. 1435. Appalachian development highway system.
Sec. 1436. Appalachian regional development program.
Sec. 1437. Border State infrastructure.
Sec. 1438. Adjustments.
Sec. 1439. Elimination of barriers to improve at-risk bridges.
Sec. 1440. At-risk project preagreement authority.
Sec. 1441. Regional infrastructure accelerator demonstration program.
Sec. 1442. Safety for users.
Sec. 1443. Sense of Congress.
Sec. 1444. Every Day Counts initiative.
Sec. 1445. Water infrastructure finance and innovation.
Sec. 1446. Technical corrections.

                  TITLE II--INNOVATIVE PROJECT FINANCE

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
           1998 amendments.

[[Page 129 STAT. 1314]]

Sec. 2002. Availability payment concession model.

                    TITLE III--PUBLIC TRANSPORTATION

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Metropolitan and statewide transportation planning.
Sec. 3004. Urbanized area formula grants.
Sec. 3005. Fixed guideway capital investment grants.
Sec. 3006. Enhanced mobility of seniors and individuals with 
           disabilities.
Sec. 3007. Formula grants for rural areas.
Sec. 3008. Public transportation innovation.
Sec. 3009. Technical assistance and workforce development.
Sec. 3010. Private sector participation.
Sec. 3011. General provisions.
Sec. 3012. Project management oversight.
Sec. 3013. Public transportation safety program.
Sec. 3014. Apportionments.
Sec. 3015. State of good repair grants.
Sec. 3016. Authorizations.
Sec. 3017. Grants for buses and bus facilities.
Sec. 3018. Obligation ceiling.
Sec. 3019. Innovative procurement.
Sec. 3020. Review of public transportation safety standards.
Sec. 3021. Study on evidentiary protection for public transportation 
           safety program information.
Sec. 3022. Improved public transportation safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.
Sec. 3024. Report on potential of Internet of Things.
Sec. 3025. Report on parking safety.
Sec. 3026. Appointment of directors of Washington Metropolitan Area 
           Transit Authority.
Sec. 3027. Effectiveness of public transportation changes and funding.
Sec. 3028. Authorization of grants for positive train control.
Sec. 3029. Amendment to title 5.
Sec. 3030. Technical and conforming changes.

                    TITLE IV--HIGHWAY TRAFFIC SAFETY

Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. National priority safety programs.
Sec. 4006. Tracking process.
Sec. 4007. Stop motorcycle checkpoint funding.
Sec. 4008. Marijuana-impaired driving.
Sec. 4009. Increasing public awareness of the dangers of drug-impaired 
           driving.
Sec. 4010. National priority safety program grant eligibility.
Sec. 4011. Data collection.
Sec. 4012. Study on the national roadside survey of alcohol and drug use 
           by drivers.
Sec. 4013. Barriers to data collection report.
Sec. 4014. Technical corrections.
Sec. 4015. Effective date for certain programs.

                      TITLE V--MOTOR CARRIER SAFETY

          Subtitle A--Motor Carrier Safety Grant Consolidation

Sec. 5101. Grants to States.
Sec. 5102. Performance and registration information systems management.
Sec. 5103. Authorization of appropriations.
Sec. 5104. Commercial driver's license program implementation.
Sec. 5105. Extension of Federal motor carrier safety programs for fiscal 
           year 2016.
Sec. 5106. Motor carrier safety assistance program allocation.
Sec. 5107. Maintenance of effort calculation.

     Subtitle B--Federal Motor Carrier Safety Administration Reform

                        Part I--Regulatory Reform

Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.

[[Page 129 STAT. 1315]]

Sec. 5204. Petitions.
Sec. 5205. Inspector standards.
Sec. 5206. Applications.

           Part II--Compliance, Safety, Accountability Reform

Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Data improvement.
Sec. 5225. Accident review.

               Subtitle C--Commercial Motor Vehicle Safety

Sec. 5301. Windshield technology.
Sec. 5302. Prioritizing statutory rulemakings.
Sec. 5303. Safety reporting system.
Sec. 5304. New entrant safety review program.
Sec. 5305. High risk carrier reviews.
Sec. 5306. Post-accident report review.
Sec. 5307. Implementing safety requirements.

              Subtitle D--Commercial Motor Vehicle Drivers

Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Medical certification of veterans for commercial driver's 
           licenses.
Sec. 5404. Commercial driver pilot program.

                     Subtitle E--General Provisions

Sec. 5501. Delays in goods movement.
Sec. 5502. Emergency route working group.
Sec. 5503. Household goods consumer protection working group.
Sec. 5504. Technology improvements.
Sec. 5505. Notification regarding motor carrier registration.
Sec. 5506. Report on commercial driver's license skills test delays.
Sec. 5507. Electronic logging device requirements.
Sec. 5508. Technical corrections.
Sec. 5509. Minimum financial responsibility.
Sec. 5510. Safety study regarding double-decker motorcoaches.
Sec. 5511. GAO review of school bus safety.
Sec. 5512. Access to National Driver Register.
Sec. 5513. Report on design and implementation of wireless roadside 
           inspection systems.
Sec. 5514. Regulation of tow truck operations.
Sec. 5515. Study on commercial motor vehicle driver commuting.
Sec. 5516. Additional State authority.
Sec. 5517. Report on motor carrier financial responsibility.
Sec. 5518. Covered farm vehicles.
Sec. 5519. Operators of hi-rail vehicles.
Sec. 5520. Automobile transporter.
Sec. 5521. Ready mix concrete delivery vehicles.
Sec. 5522. Transportation of construction materials and equipment.
Sec. 5523. Commercial delivery of light- and medium-duty trailers.
Sec. 5524. Exemptions from requirements for certain welding trucks used 
           in pipeline industry.
Sec. 5525. Report.

                          TITLE VI--INNOVATION

Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Technology and innovation deployment program.
Sec. 6004. Advanced transportation and congestion management 
           technologies deployment.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system purposes.
Sec. 6007. Intelligent transportation system program report.
Sec. 6008. Intelligent transportation system national architecture and 
           standards.
Sec. 6009. Communication systems deployment report.
Sec. 6010. Infrastructure development.
Sec. 6011. Departmental research programs.
Sec. 6012. Research and Innovative Technology Administration.
Sec. 6013. Web-based training for emergency responders.

[[Page 129 STAT. 1316]]

Sec. 6014. Hazardous materials research and development.
Sec. 6015. Office of Intermodalism.
Sec. 6016. University transportation centers.
Sec. 6017. Bureau of Transportation Statistics.
Sec. 6018. Port performance freight statistics program.
Sec. 6019. Research planning.
Sec. 6020. Surface transportation system funding alternatives.
Sec. 6021. Future interstate study.
Sec. 6022. Highway efficiency.
Sec. 6023. Transportation technology policy working group.
Sec. 6024. Collaboration and support.
Sec. 6025. GAO report.
Sec. 6026. Traffic congestion.
Sec. 6027. Smart cities transportation planning study.
Sec. 6028. Performance management data support program.

              TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Short title.

                       Subtitle A--Authorizations

Sec. 7101. Authorization of appropriations.

          Subtitle B--Hazardous Material Safety and Improvement

Sec. 7201. National emergency and disaster response.
Sec. 7202. Motor carrier safety permits.
Sec. 7203. Improving the effectiveness of planning and training grants.
Sec. 7204. Improving publication of special permits and approvals.
Sec. 7205. Enhanced reporting.
Sec. 7206. Wetlines.
Sec. 7207. GAO study on acceptance of classification examinations.
Sec. 7208. Hazardous materials endorsement exemption.

      Subtitle C--Safe Transportation of Flammable Liquids by Rail

Sec. 7301. Community safety grants.
Sec. 7302. Real-time emergency response information.
Sec. 7303. Emergency response.
Sec. 7304. Phase-out of all tank cars used to transport Class 3 
           flammable liquids.
Sec. 7305. Thermal blankets.
Sec. 7306. Minimum requirements for top fittings protection for class 
           DOT-117R tank cars.
Sec. 7307. Rulemaking on oil spill response plans.
Sec. 7308. Modification reporting.
Sec. 7309. Report on crude oil characteristics research study.
Sec. 7310. Hazardous materials by rail liability study.
Sec. 7311. Study and testing of electronically controlled pneumatic 
           brakes.

              TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

Sec. 8001. Multimodal freight transportation.

 TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

Sec. 9001. National Surface Transportation and Innovative Finance 
           Bureau.
Sec. 9002. Council on Credit and Finance.

     TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.

                             TITLE XI--RAIL

Sec. 11001. Short title.

                       Subtitle A--Authorizations

Sec. 11101. Authorization of grants to Amtrak.
Sec. 11102. Consolidated rail infrastructure and safety improvements.
Sec. 11103. Federal-State partnership for state of good repair.
Sec. 11104. Restoration and enhancement grants.
Sec. 11105. Authorization of appropriations for Amtrak Office of 
           Inspector General.
Sec. 11106. Definitions.

[[Page 129 STAT. 1317]]

                       Subtitle B--Amtrak Reforms

Sec. 11201. Accounts.
Sec. 11202. Amtrak grant process.
Sec. 11203. 5-year business line and asset plans.
Sec. 11204. State-supported route committee.
Sec. 11205. Composition of Amtrak's Board of Directors.
Sec. 11206. Route and service planning decisions.
Sec. 11207. Food and beverage reform.
Sec. 11208. Rolling stock purchases.
Sec. 11209. Local products and promotional events.
Sec. 11210. Amtrak pilot program for passengers transporting 
           domesticated cats and dogs.
Sec. 11211. Right-of-way leveraging.
Sec. 11212. Station development.
Sec. 11213. Amtrak boarding procedures.
Sec. 11214. Amtrak debt.
Sec. 11215. Elimination of duplicative reporting.

               Subtitle C--Intercity Passenger Rail Policy

Sec. 11301. Consolidated rail infrastructure and safety improvements.
Sec. 11302. Federal-State partnership for state of good repair.
Sec. 11303. Restoration and enhancement grants.
Sec. 11304. Gulf Coast rail service working group.
Sec. 11305. Northeast Corridor Commission.
Sec. 11306. Northeast corridor planning.
Sec. 11307. Competition.
Sec. 11308. Performance-based proposals.
Sec. 11309. Large capital project requirements.
Sec. 11310. Small business participation study.
Sec. 11311. Shared-use study.
Sec. 11312. Northeast Corridor through-ticketing and procurement 
           efficiencies.
Sec. 11313. Data and analysis.
Sec. 11314. Amtrak Inspector General.
Sec. 11315. Miscellaneous provisions.
Sec. 11316. Technical and conforming amendments.

                           Subtitle D--Safety

Sec. 11401. Highway-rail grade crossing safety.
Sec. 11402. Private highway-rail grade crossings.
Sec. 11403. Study on use of locomotive horns at highway-rail grade 
           crossings.
Sec. 11404. Positive train control at grade crossings effectiveness 
           study.
Sec. 11405. Bridge inspection reports.
Sec. 11406. Speed limit action plans.
Sec. 11407. Alerters.
Sec. 11408. Signal protection.
Sec. 11409. Commuter rail track inspections.
Sec. 11410. Post-accident assessment.
Sec. 11411. Recording devices.
Sec. 11412. Railroad police officers.
Sec. 11413. Repair and replacement of damaged track inspection 
           equipment.
Sec. 11414. Report on vertical track deflection.
Sec. 11415. Rail passenger liability.

                      Subtitle E--Project Delivery

Sec. 11501. Short title.
Sec. 11502. Treatment of improvements to rail and transit under 
           preservation requirements.
Sec. 11503. Efficient environmental reviews.
Sec. 11504. Railroad rights-of-way.

                          Subtitle F--Financing

Sec. 11601. Short title; references.
Sec. 11602. Definitions.
Sec. 11603. Eligible applicants.
Sec. 11604. Eligible purposes.
Sec. 11605. Program administration.
Sec. 11606. Loan terms and repayment.
Sec. 11607. Credit risk premiums.
Sec. 11608. Master credit agreements.
Sec. 11609. Priorities and conditions.

[[Page 129 STAT. 1318]]

Sec. 11610. Savings provisions.
Sec. 11611. Report on leveraging RRIF.

DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 
                                  2015

                    TITLE XXIV--MOTOR VEHICLE SAFETY

                       Subtitle A--Vehicle Safety

Sec. 24101. Authorization of appropriations.
Sec. 24102. Inspector general recommendations.
Sec. 24103. Improvements in availability of recall information.
Sec. 24104. Recall process.
Sec. 24105. Pilot grant program for state notification to consumers of 
           motor vehicle recall status.
Sec. 24106. Recall obligations under bankruptcy.
Sec. 24107. Dealer requirement to check for open recall.
Sec. 24108. Extension of time period for remedy of tire defects.
Sec. 24109. Rental car safety.
Sec. 24110. Increase in civil penalties for violations of motor vehicle 
           safety.
Sec. 24111. Electronic odometer disclosures.
Sec. 24112. Corporate responsibility for NHTSA reports.
Sec. 24113. Direct vehicle notification of recalls.
Sec. 24114. Unattended children warning.
Sec. 24115. Tire pressure monitoring system.
Sec. 24116. Information regarding components involved in recall.

      Subtitle B--Research And Development And Vehicle Electronics

Sec. 24201. Report on operations of the council for vehicle electronics, 
           vehicle software, and emerging technologies.
Sec. 24202. Cooperation with foreign governments.

                  Subtitle C--Miscellaneous Provisions

                   Part I--DRIVER PRIVACY ACT OF 2015

Sec. 24301. Short title.
Sec. 24302. Limitations on data retrieval from vehicle event data 
           recorders.
Sec. 24303. Vehicle event data recorder study.

         Part II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

Sec. 24321. Short title.
Sec. 24322. Passenger motor vehicle information.

     Part III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015

Sec. 24331. Short title.
Sec. 24332. Tire fuel efficiency minimum performance standards.
Sec. 24333. Tire registration by independent sellers.
Sec. 24334. Tire identification study and report.
Sec. 24335. Tire recall database.

                   Part IV--ALTERNATIVE FUEL VEHICLES

Sec. 24341. Regulatory parity for natural gas vehicles.

             Part V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

Sec. 24351. Short title.
Sec. 24352. Motor vehicle safety whistleblower incentives and 
           protections.

             Subtitle D--Additional Motor Vehicle Provisions

Sec. 24401. Required reporting of NHTSA agenda.
Sec. 24402. Application of remedies for defects and noncompliance.
Sec. 24403. Retention of safety records by manufacturers.
Sec. 24404. Nonapplication of prohibitions relating to noncomplying 
           motor vehicles to vehicles used for testing or evaluation.
Sec. 24405. Treatment of low-volume manufacturers.
Sec. 24406. Motor vehicle safety guidelines.
Sec. 24407. Improvement of data collection on child occupants in vehicle 
           crashes.

                           DIVISION C--FINANCE

            TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

 Subtitle A--Extension of Trust Fund Expenditure Authority and Related 
                                  Taxes

Sec. 31101. Extension of Highway Trust Fund expenditure authority.

[[Page 129 STAT. 1319]]

Sec. 31102. Extension of highway-related taxes.

         Subtitle B--Additional Transfers to Highway Trust Fund

Sec. 31201. Further additional transfers to trust fund.
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle 
           safety penalties.
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust 
           Fund.

                          TITLE XXXII--OFFSETS

                       Subtitle A--Tax Provisions

Sec. 32101. Revocation or denial of passport in case of certain unpaid 
           taxes.
Sec. 32102. Reform of rules relating to qualified tax collection 
           contracts.
Sec. 32103. Special compliance personnel program.
Sec. 32104. Repeal of modification of automatic extension of return due 
           date for certain employee benefit plans.

                      Subtitle B--Fees and Receipts

Sec. 32201. Adjustment for inflation of fees for certain customs 
           services.
Sec. 32202. Limitation on surplus funds of Federal reserve banks.
Sec. 32203. Dividends of Federal reserve banks.
Sec. 32204. Strategic Petroleum Reserve drawdown and sale.
Sec. 32205. Repeal.

                           Subtitle C--Outlays

Sec. 32301. Interest on overpayment.

                      Subtitle D--Budgetary Effects

Sec. 32401. Budgetary effects.

                        DIVISION D--MISCELLANEOUS

                TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

Sec. 41001. Definitions.
Sec. 41002. Federal Permitting Improvement Council.
Sec. 41003. Permitting process improvement.
Sec. 41004. Interstate compacts.
Sec. 41005. Coordination of required reviews.
Sec. 41006. Delegated State permitting programs.
Sec. 41007. Litigation, judicial review, and savings provision.
Sec. 41008. Reports.
Sec. 41009. Funding for governance, oversight, and processing of 
           environmental reviews and permits.
Sec. 41010. Application.
Sec. 41011. GAO Report.
Sec. 41012. Savings provision.
Sec. 41013. Sunset.
Sec. 41014. Placement.

                    TITLE XLII--ADDITIONAL PROVISIONS

Sec. 42001. GAO report on refunds to registered vendors of kerosene used 
           in noncommercial aviation.

       TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

Sec. 43001. Payments from Abandoned Mine Reclamation Fund.

           DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES

Sec. 50001. Short title.

  TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

Sec. 51001. Reduction in authorized amount of outstanding loans, 
           guarantees, and insurance.
Sec. 51002. Increase in loss reserves.
Sec. 51003. Review of fraud controls.
Sec. 51004. Office of Ethics.
Sec. 51005. Chief Risk Officer.
Sec. 51006. Risk Management Committee.
Sec. 51007. Independent audit of bank portfolio.

[[Page 129 STAT. 1320]]

Sec. 51008. Pilot program for reinsurance.

             TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

Sec. 52001. Increase in small business lending requirements.
Sec. 52002. Report on programs for small- and medium-sized businesses.

                 TITLE LIII--MODERNIZATION OF OPERATIONS

Sec. 53001. Electronic payments and documents.
Sec. 53002. Reauthorization of information technology updating.

                      TITLE LIV--GENERAL PROVISIONS

Sec. 54001. Extension of authority.
Sec. 54002. Certain updated loan terms and amounts.

                         TITLE LV--OTHER MATTERS

Sec. 55001. Prohibition on discrimination based on industry.
Sec. 55002. Negotiations to end export credit financing.
Sec. 55003. Study of financing for information and communications 
           technology systems.

                       DIVISION F--ENERGY SECURITY

Sec. 61001. Emergency preparedness for energy supply disruptions.
Sec. 61002. Resolving environmental and grid reliability conflicts.
Sec. 61003. Critical electric infrastructure security.
Sec. 61004. Strategic Transformer Reserve.
Sec. 61005. Energy security valuation.

                     DIVISION G--FINANCIAL SERVICES

  TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

Sec. 71001. Filing requirement for public filing prior to public 
           offering.
Sec. 71002. Grace period for change of status of emerging growth 
           companies.
Sec. 71003. Simplified disclosure requirements for emerging growth 
           companies.

        TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

Sec. 72001. Summary page for form 10-K.
Sec. 72002. Improvement of regulation S-K.
Sec. 72003. Study on modernization and simplification of regulation S-K.

  TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND 
                              COST SAVINGS

Sec. 73001. Technical corrections.
Sec. 73002. American Eagle Silver Bullion 30th Anniversary.

                    TITLE LXXIV--SBIC ADVISERS RELIEF

Sec. 74001. Advisers of SBICs and venture capital funds.
Sec. 74002. Advisers of SBICs and private funds.
Sec. 74003. Relationship to State law.

             TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

Sec. 75001. Exception to annual privacy notice requirement under the 
           Gramm-Leach-Bliley Act.

  TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

Sec. 76001. Exempted transactions.

     TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

Sec. 77001. Distributions and residual receipts.
Sec. 77002. Future refinancings.
Sec. 77003. Implementation.

            TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

Sec. 78001. Reviews of family incomes.

               TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

Sec. 79001. Authority to administer rental assistance.

[[Page 129 STAT. 1321]]

Sec. 79002. Reallocation of funds.

                  TITLE LXXX--CHILD SUPPORT ASSISTANCE

Sec. 80001. Requests for consumer reports by State or local child 
           support enforcement agencies.

               TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

Sec. 81001. Budget-neutral demonstration program for energy and water 
           conservation improvements at multifamily residential units.

 TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

Sec. 82001. Privately insured credit unions authorized to become members 
           of a Federal home loan bank.
Sec. 82002. GAO Report.

               TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

Sec. 83001. Smaller institutions qualifying for 18-month examination 
           cycle.

             TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

Sec. 84001. Forward incorporation by reference for Form S-1.

    TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

Sec. 85001. Registration threshold for savings and loan holding 
           companies.

          TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

Sec. 86001. Repeal.

   TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER 
                              INSTITUTIONS

Sec. 87001. Date for determining consolidated assets.

               TITLE LXXXVIII--STATE LICENSING EFFICIENCY

Sec. 88001. Short title.
Sec. 88002. Background checks.

   TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

Sec. 89001. Short title.
Sec. 89002. Designation of rural area.
Sec. 89003. Operations in rural areas.

                   DIVISION A--SURFACE TRANSPORTATION

SEC. 1001. <<NOTE: 23 USC 101 note.>>  DEFINITIONS.

    In this division, the following definitions apply:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
SEC. 1002. RECONCILIATION OF FUNDS.

    The Secretary shall reduce the amount apportioned or allocated for a 
program, project, or activity under titles I and VI of this Act in 
fiscal year 2016 by amounts apportioned or allocated 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

[[Page 129 STAT. 1322]]

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. <<NOTE: 5 USC 5313 note.>>  EFFECTIVE DATE.

    Except as otherwise provided, this division, including the 
amendments made by this division, takes effect on October 1, 2015.
SEC. 1004. <<NOTE: 1 USC 1 note.>>  REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in this division shall be treated as referring only to 
the provisions of this division.

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United States 
        Code, the surface transportation block grant program under 
        section 133 of that title, the highway safety improvement 
        program under section 148 of that title, the congestion 
        mitigation and air quality improvement program under section 149 
        of that title, the national highway freight program under 
        section 167 of that title, and to carry out section 134 of that 
        title--
                    (A) $39,727,500,000 for fiscal year 2016;
                    (B) $40,547,805,000 for fiscal year 2017;
                    (C) $41,424,020,075 for fiscal year 2018;
                    (D) $42,358,903,696 for fiscal year 2019; and
                    (E) $43,373,294,311 for fiscal year 2020.
            (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 of 
        title 23, United States Code--
                    (A) $275,000,000 for fiscal year 2016;
                    (B) $275,000,000 for fiscal year 2017;
                    (C) $285,000,000 for fiscal year 2018;
                    (D) $300,000,000 for fiscal year 2019; and
                    (E) $300,000,000 for fiscal year 2020.
            (3) Federal lands and tribal transportation programs.--
                    (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code--
                          (i) $465,000,000 for fiscal year 2016;
                          (ii) $475,000,000 for fiscal year 2017;
                          (iii) $485,000,000 for fiscal year 2018;
                          (iv) $495,000,000 for fiscal year 2019; and
                          (v) $505,000,000 for fiscal year 2020.
                    (B) Federal lands transportation program.--

[[Page 129 STAT. 1323]]

                          (i) In general.--For the Federal lands 
                      transportation program under section 203 of title 
                      23, United States Code--
                                    (I) $335,000,000 for fiscal year 
                                2016;
                                    (II) $345,000,000 for fiscal year 
                                2017;
                                    (III) $355,000,000 for fiscal year 
                                2018;
                                    (IV) $365,000,000 for fiscal year 
                                2019; and
                                    (V) $375,000,000 for fiscal year 
                                2020.
                          (ii) Allocation.--Of the amount made available 
                      for a fiscal year under clause (i)--
                                    (I) the amount for the National Park 
                                Service is--
                                            (aa) $268,000,000 for fiscal 
                                        year 2016;
                                            (bb) $276,000,000 for fiscal 
                                        year 2017;
                                            (cc) $284,000,000 for fiscal 
                                        year 2018;
                                            (dd) $292,000,000 for fiscal 
                                        year 2019; and
                                            (ee) $300,000,000 for fiscal 
                                        year 2020.
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $30,000,000 for each of fiscal years 
                                2016 through 2020; and
                                    (III) the amount for the United 
                                States Forest Service is--
                                            (aa) $15,000,000 for fiscal 
                                        year 2016;
                                            (bb) $16,000,000 for fiscal 
                                        year 2017;
                                            (cc) $17,000,000 for fiscal 
                                        year 2018;
                                            (dd) $18,000,000 for fiscal 
                                        year 2019; and
                                            (ee) $19,000,000 for fiscal 
                                        year 2020.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code--
                          (i) $250,000,000 for fiscal year 2016;
                          (ii) $255,000,000 for fiscal year 2017;
                          (iii) $260,000,000 for fiscal year 2018;
                          (iv) $265,000,000 for fiscal year 2019; and
                          (v) $270,000,000 for fiscal year 2020.
            (4) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 of 
        title 23, United States Code, $200,000,000 for each of fiscal 
        years 2016 through 2020.
            (5) Nationally significant freight and highway projects.--
        For nationally significant freight and highway projects under 
        section 117 of title 23, United States Code--
                    (A) $800,000,000 for fiscal year 2016;
                    (B) $850,000,000 for fiscal year 2017;
                    (C) $900,000,000 for fiscal year 2018;
                    (D) $950,000,000 for fiscal year 2019; and
                    (E) $1,000,000,000 for fiscal year 2020.

    (b) <<NOTE: 23 USC 101 note.>>  Disadvantaged Business 
Enterprises.--
            (1) Findings.--Congress finds that--
                    (A) while significant progress has occurred due to 
                the establishment of the disadvantaged business 
                enterprise program, discrimination and related barriers 
                continue to pose significant obstacles for minority- and 
                women-owned businesses seeking to do business in 
                federally assisted surface transportation markets across 
                the United States;

[[Page 129 STAT. 1324]]

                    (B) the continuing barriers described in 
                subparagraph (A) merit the continuation of the 
                disadvantaged business enterprise program;
                    (C) Congress has received and reviewed testimony and 
                documentation of race and gender discrimination from 
                numerous sources, including congressional hearings and 
                roundtables, scientific reports, reports issued by 
                public and private agencies, news stories, reports of 
                discrimination by organizations and individuals, and 
                discrimination lawsuits, which show that race- and 
                gender-neutral efforts alone are insufficient to address 
                the problem;
                    (D) the testimony and documentation described in 
                subparagraph (C) demonstrate that discrimination across 
                the United States poses a barrier to full and fair 
                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
                    (E) the testimony and documentation described in 
                subparagraph (C) provide a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--
                          (i) 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)).
                          (ii) 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.
                    (B) 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.
            (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary determines otherwise, not less than 10 
        percent of the amounts made available for any program under 
        titles I, II, III, and VI of this Act and section 403 of title 
        23, United States Code, shall be expended through small business 
        concerns owned and controlled by socially and economically 
        disadvantaged individuals.
            (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) survey and compile a list of the small business 
                concerns referred to in paragraph (3) in the State, 
                including

[[Page 129 STAT. 1325]]

                the location of the small business concerns in the 
                State; and
                    (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                          (i) women;
                          (ii) socially and economically disadvantaged 
                      individuals (other than women); and
                          (iii) individuals who are women and are 
                      otherwise socially and economically disadvantaged 
                      individuals.
            (5) Uniform certification.--
                    (A) In general.--The Secretary shall establish 
                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.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                          (i) on-site visits;
                          (ii) personal interviews with personnel;
                          (iii) issuance or inspection of licenses;
                          (iv) analyses of stock ownership;
                          (v) listings of equipment;
                          (vi) analyses of bonding capacity;
                          (vii) listings of work completed;
                          (viii) examination of the resumes of principal 
                      owners;
                          (ix) analyses of financial capacity; and
                          (x) analyses of the type of work preferred.
            (6) Reporting.--The Secretary shall establish minimum 
        requirements for use by State governments in reporting to the 
        Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
            (7) 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.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary should take additional steps to 
                ensure that recipients comply with section 26.29 of 
                title 49, Code of Federal Regulations (the disadvantaged 
                business enterprises prompt payment rule), or any 
                corresponding regulation, in awarding federally funded 
                transportation contracts under laws and regulations 
                administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the Department's ability to track and keep records of 
                complaints and to make that information publicly 
                available.

[[Page 129 STAT. 1326]]

SEC. 1102. <<NOTE: 23 USC 104 note.>>  OBLIGATION CEILING.

    (a) 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--
            (1) $42,361,000,000 for fiscal year 2016;
            (2) $43,266,100,000 for fiscal year 2017;
            (3) $44,234,212,000 for fiscal year 2018;
            (4) $45,268,596,000 for fiscal year 2019; and
            (5) $46,365,092,000 for fiscal year 2020.

    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an amount 
        equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity Act 
        for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an amount 
        equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
            (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an amount 
        equal to $639,000,000 for each of those fiscal years); and
            (13) section 119 of title 23, United States Code (but, for 
        fiscal years 2016 through 2020, only in an amount equal to 
        $639,000,000 for each of those fiscal years).

    (c) Distribution of Obligation Authority.--For each of fiscal years 
2016 through 2020, the Secretary--
            (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and

[[Page 129 STAT. 1327]]

                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                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
                    (B) for which obligation authority was provided in a 
                previous fiscal year;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety 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;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for each of the programs (other than 
        programs to which paragraph (1) applies) that are allocated by 
        the Secretary under this Act and title 23, United States Code, 
        or apportioned by the Secretary under sections 202 or 204 of 
        that title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the national highway performance program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(13) and the amounts 
        apportioned under sections 202 and 204 of that title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned under 
                title 23, United States Code, to all States for the 
                fiscal year.

[[Page 129 STAT. 1328]]

    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2016 through 2020--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        MAP-21 (Public Law 112-141)) and 104 of title 23, United States 
        Code.

    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under--
                    (A) chapter 5 of title 23, United States Code; and
                    (B) title VI of this Act.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal years; 
                and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.

    (f) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2016 through 2020, the Secretary shall 
        distribute to the States any funds (excluding funds authorized 
        for the program under section 202 of title 23, United States 
        Code) that--
                    (A) are authorized to be appropriated for the fiscal 
                year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS.

    Section 101(a) of title 23, United States Code, is amended--
            (1) by striking paragraph (29);
            (2) by redesignating paragraphs (15) through (28) as 
        paragraphs (16) through (29), respectively; and
            (3) by inserting after paragraph (14) the following:

[[Page 129 STAT. 1329]]

            ``(15) National highway freight network.--The term `National 
        Highway Freight Network' means the National Highway Freight 
        Network established under section 167.''.
SEC. 1104. APPORTIONMENT.

    (a) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended to read as follows:
            ``(1) In general.--There is authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) to be made available to the Secretary for 
        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.''.

    (b) Division Among Programs of State's Share of Base 
Apportionment.--Section 104(b) of title 23, United States Code, is 
amended--
            (1) by striking ``(b) Division of'' and all that follows 
        before paragraph (1) and inserting the following:

    ``(b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of the base 
apportionment apportioned to a State for a fiscal year under subsection 
(c) among the national highway performance 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:'';
            (2) in paragraphs (1), (2), and (3) by striking ``paragraphs 
        (4) and (5)'' each place it appears and inserting ``paragraphs 
        (4), (5), and (6)'';
            (3) in paragraph (2)--
                    (A) in the paragraph heading by striking ``Surface 
                transportation program'' and inserting ``Surface 
                transportation block grant program''; and
                    (B) by striking ``surface transportation program'' 
                and inserting ``surface transportation block grant 
                program'';
            (4) in paragraph (4), in the matter preceding subparagraph 
        (A), by striking ``the amount determined for the State under 
        subsection (c)'' and inserting ``the amount of the base 
        apportionment remaining for the State under subsection (c) after 
        making the set aside in accordance with paragraph (5)'';
            (5) by redesignating paragraph (5) as paragraph (6);
            (6) by inserting after paragraph (4) the following:
            ``(5) National highway freight program.--
                    ``(A) In general.--For the national highway freight 
                program under section 167, the Secretary shall set aside 
                from the base apportionment determined for a State under 
                subsection (c) an amount determined for the State under 
                subparagraphs (B) and (C).
                    ``(B) Total amount.--The total amount set aside for 
                the national highway freight program for all States 
                shall be--
                          ``(i) $1,150,000,000 for fiscal year 2016;
                          ``(ii) $1,100,000,000 for fiscal year 2017;
                          ``(iii) $1,200,000,000 for fiscal year 2018;

[[Page 129 STAT. 1330]]

                          ``(iv) $1,350,000,000 for fiscal year 2019; 
                      and
                          ``(v) $1,500,000,000 for fiscal year 2020.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                set-aside amount for the national highway freight 
                program under subparagraph (B) so that each State 
                receives the amount equal to the proportion that--
                          ``(i) the total base apportionment determined 
                      for the State under subsection (c); bears to
                          ``(ii) the total base apportionments for all 
                      States under subsection (c).
                    ``(D) Metropolitan planning.--Of the amount set 
                aside under this paragraph for a State, the Secretary 
                shall use to carry out section 134 an amount determined 
                by multiplying the set-aside amount by the proportion 
                that--
                          ``(i) the amount apportioned to the State to 
                      carry out section 134 for fiscal year 2009; bears 
                      to
                          ``(ii) the total amount of funds apportioned 
                      to the State for that fiscal year for the programs 
                      referred to in section 105(a)(2) (except for the 
                      high priority projects program referred to in 
                      section 105(a)(2)(H)), as in effect on the day 
                      before the date of enactment of MAP-21 (Public Law 
                      112-141; 126 Stat. 405).''; and
            (7) in paragraph (6) (as so redesignated), in the matter 
        preceding subparagraph (A), by striking ``the amount 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)''.

    (c) Calculation of State Amounts.--Section 104(c) of title 23, 
United States Code, is amended to read as follows:
    ``(c) Calculation of Amounts.--
            ``(1) State share.--For each of fiscal years 2016 through 
        2020, the amount for each State shall be determined as follows:
                    ``(A) Initial amounts.--The initial amounts for each 
                State shall be determined by multiplying--
                          ``(i) each of--
                                    ``(I) the base apportionment;
                                    ``(II) supplemental funds reserved 
                                under 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

[[Page 129 STAT. 1331]]

                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).''.

    (d) Supplemental Funds.--Section 104 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(h) Supplemental Funds.--
            ``(1) Supplemental funds for national highway performance 
        program.--
                    ``(A) Amount.--Before making an apportionment for a 
                fiscal year under subsection (c), the Secretary shall 
                reserve for the national highway performance program 
                under section 119 for that fiscal year an amount equal 
                to--
                          ``(i) $53,596,122 for fiscal year 2019; and
                          ``(ii) $66,717,816 for fiscal year 2020.
                    ``(B) Treatment of funds.--Funds reserved under 
                subparagraph (A) and apportioned to a State under 
                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

[[Page 129 STAT. 1332]]

        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.''.

    (e) Conforming Amendments.--
            (1) Section 104(d)(1)(A) of title 23, United States Code, is 
        amended by striking ``subsection (b)(5)'' each place it appears 
        and inserting ``paragraphs (5)(D) and (6) of subsection (b)''.
            (2) Section 120(c)(3) of title 23, United States Code, is 
        amended--
                    (A) in subparagraph (A) in the matter preceding 
                clause (i), by striking ``or (5)'' and inserting 
                ``(5)(D), or (6)''; and
                    (B) in subparagraph (C)(i) by striking ``and (5)'' 
                and inserting ``(5)(D), and (6)''.
            (3) Section 135(i) of title 23, United States Code, is 
        amended by striking ``section 104(b)(5)'' and inserting 
        ``paragraphs (5)(D) and (6) of section 104(b)''.
            (4) Section 136(b) of title 23, United States Code, is 
        amended in the first sentence by striking ``paragraphs (1) 
        through (5) of section 104(b)'' and inserting ``paragraphs (1) 
        through (6) of section 104(b)''.
            (5) Section 141(b)(2) of title 23, United States Code, is 
        amended by striking ``paragraphs (1) through (5) of section 
        104(b)'' and inserting ``paragraphs (1) through (6) of section 
        104(b)''.
            (6) Section 505(a) of title 23, United States Code, is 
        amended in the matter preceding paragraph (1) by striking 
        ``through (4)'' and inserting ``through (5)''.
SEC. 1105. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

    (a) In General.--Title 23, United States Code, is amended by 
inserting after section 116 the following:
``Sec. 117. <<NOTE: 23 USC 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.--

[[Page 129 STAT. 1333]]

            ``(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

[[Page 129 STAT. 1334]]

                          ``(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))

[[Page 129 STAT. 1335]]

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

[[Page 129 STAT. 1336]]

        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.''.

[[Page 129 STAT. 1337]]

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC prec. 101.>>  is amended by inserting 
after the item relating to section 116 the following:

``117. Nationally significant freight and highway projects.''.

    (c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and 
the item relating to that section in the table of contents in section 
1(b) of such Act, are repealed.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, is amended by adding at 
the end the following:
    ``(h) TIFIA Program.--Upon Secretarial approval of credit assistance 
under chapter 6, the Secretary, at the request of a State, may allow the 
State to use funds apportioned under section 104(b)(1) to pay subsidy 
and administrative costs necessary to 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.

    (a) Eligibility.--Section 125(d)(3) of title 23, United States Code, 
is amended--
            (1) in subparagraph (A) by striking ``or'' at the end;
            (2) in subparagraph (B) by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) projects eligible for assistance under this 
                section located on tribal transportation facilities, 
                Federal lands transportation facilities, or other 
                federally owned roads that are open to public travel (as 
                defined in subsection (e)(1)).''.

    (b) Definitions.--Section 125(e) of title 23, United States Code, is 
amended by striking paragraph (1) and inserting the following:

[[Page 129 STAT. 1338]]

            ``(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 
                \1/2\ 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. <<NOTE: 23 USC 133 note.>>  SURFACE TRANSPORTATION 
                          BLOCK GRANT PROGRAM.

    (a) Findings.--Congress finds that--
            (1) the benefits of the surface transportation block grant 
        program accrue principally to the residents of each State and 
        municipality where the funds are obligated;
            (2) decisions about how funds should be obligated are best 
        determined by the States and municipalities to respond to unique 
        local circumstances and implement the most efficient solutions; 
        and
            (3) reforms of the program to promote flexibility will 
        enhance State and local control over transportation decisions.

    (b) Surface Transportation Block Grant Program.--Section 133 of 
title 23, United States Code, is amended--
            (1) by striking subsections (a), (b), (c), and (d) and 
        inserting the following:

[[Page 129 STAT. 1339]]

    ``(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.

[[Page 129 STAT. 1340]]

            ``(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

[[Page 129 STAT. 1341]]

        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.'';
            (2) by striking the section heading and inserting ``Surface 
        transportation block grant program'';
            (3) by striking subsection (e);
            (4) by redesignating subsections (f) through (h) as 
        subsections (e) through (g), respectively;
            (5) in subsection (e)(1), as redesignated by this 
        subsection--
                    (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(2)''; and
                    (B) by striking ``fiscal years 2011 through 2014'' 
                and inserting ``fiscal years 2016 through 2020'';
            (6) in subsection (g)(1), as redesignated by this 
        subsection, by striking ``under subsection (d)(1)(A)(iii) for 
        each of fiscal years 2013 through 2014'' and inserting ``under 
        subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 
        2020''; and
            (7) by adding at the end the following:

    ``(h) STP Set-Aside.--
            ``(1) Reservation of funds.--Of the funds apportioned to a 
        State under section 104(b)(2) for each fiscal year, the 
        Secretary shall reserve an amount such that--
                    ``(A) the Secretary reserves a total under this 
                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

[[Page 129 STAT. 1342]]

                          ``(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,

[[Page 129 STAT. 1343]]

                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.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 126.--Section 126(b)(2) of title 23, United 
        States Code, is amended--
                    (A) by striking ``section 213'' and inserting 
                ``section 133(h)''; and
                    (B) by striking ``section 213(c)(1)(B)'' and 
                inserting ``section 133(h)''.
            (2) Section 213.--Section 213 of title 23, United States 
        Code, is repealed.
            (3) Section 322.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``surface transportation 
        program'' and inserting ``surface transportation block grant 
        program''.
            (4) Section 504.--Section 504(a)(4) of title 23, United 
        States Code, is amended--
                    (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(2)''; and
                    (B) by striking ``surface transportation program'' 
                and inserting ``surface transportation block grant 
                program''.
            (5) <<NOTE: 23 USC 108,140, 142,149,165.>>  Chapter 1.--
        Chapter 1 of title 23, United States Code, is amended by 
        striking ``surface transportation program'' each

[[Page 129 STAT. 1344]]

        place it appears and inserting ``surface transportation block 
        grant program''.
            (6) Chapter analyses.--
                    (A) Chapter 1.--The analysis for chapter 1 of title 
                23, United States Code, <<NOTE: 23 USC prec. 101.>>  is 
                amended by striking the item relating to section 133 and 
                inserting the following:

``133. Surface transportation block grant program.''.

                    (B) Chapter 2.--The item relating to section 213 in 
                the analysis for chapter 2 of title 23, United States 
                Code, is <<NOTE: 23 USC prec. 201.>>  repealed.
            (7) <<NOTE: 23 USC 133 note.>>  Other references.--Any 
        reference in any other law, regulation, document, paper, or 
        other record of the United States to the surface transportation 
        program under section 133 of title 23, United States Code, shall 
        be deemed to be a reference to the surface transportation block 
        grant program under such section.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143(b) of title 23, United States Code, is amended--
            (1) by striking paragraph (2)(A) and inserting the 
        following:
                    ``(A) In general.--From administrative funds made 
                available under section 104(a), the Secretary may deduct 
                such sums as are necessary, not to exceed $4,000,000 for 
                each of fiscal years 2016 through 2020, to carry out 
                this section.'';
            (2) in the heading for paragraph (8) by inserting ``block 
        grant'' after ``surface transportation''; and
            (3) in paragraph (9) by inserting ``, the Committee on 
        Transportation and Infrastructure of the House of 
        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--
            (1) in subsection (c)(2)(A) by striking ``the natural 
        condition of the bridge'' and inserting ``the natural condition 
        of the water'';
            (2) by redesignating subsection (j) as subsection (k);
            (3) by inserting after subsection (i) the following:

    ``(j) Bundling of Bridge Projects.--
            ``(1) Purpose.--The purpose of this subsection is to save 
        costs and time by encouraging States to bundle multiple bridge 
        projects as 1 project.
            ``(2) Eligible entity defined.--In this subsection, the term 
        `eligible entity' means an entity eligible to carry out a bridge 
        project under section 119 or 133.
            ``(3) Bundling of bridge projects.--An eligible entity may 
        bundle 2 or more similar bridge projects that are--
                    ``(A) eligible projects under section 119 or 133;
                    ``(B) included as a bundled project in a 
                transportation improvement program under section 134(j) 
                or a statewide transportation improvement program under 
                section 135, as applicable; and
                    ``(C) awarded to a single contractor or consultant 
                pursuant to a contract for engineering and design or 
                construction between the contractor and an eligible 
                entity.

[[Page 129 STAT. 1345]]

            ``(4) Itemization.--Notwithstanding any other provision of 
        law (including regulations), a bundling of bridge projects under 
        this subsection may be listed as--
                    ``(A) 1 project for purposes of sections 134 and 
                135; and
                    ``(B) a single project.
            ``(5) Financial characteristics.--Projects bundled under 
        this subsection shall have the same financial characteristics, 
        including--
                    ``(A) the same funding category or subcategory; and
                    ``(B) the same Federal share.
            ``(6) Engineering cost reimbursement.--The provisions of 
        section 102(b) do not apply to projects carried out under this 
        subsection.''; and
            (4) in subsection (k)(2), as redesignated by paragraph (2) 
        of this section, by striking ``104(b)(3)'' and inserting 
        ``104(b)(2)''.
SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                          FACILITIES.

    (a) Construction of Ferry Boats and Ferry Terminal Facilities.--
Section 147 of title 23, United States Code, is amended--
            (1) in subsection (a), in the subsection heading, by 
        striking ``In General.--'' and inserting ``Program.--''; and
            (2) by striking subsections (d) through (g) and inserting 
        the following:

    ``(d) Formula.--Of the amounts allocated under subsection (c)--
            ``(1) 35 percent shall be allocated among eligible entities 
        in the proportion that--
                    ``(A) the number of ferry passengers, including 
                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

[[Page 129 STAT. 1346]]

        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.''.
    (b) 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.''.

    (c) Conforming Amendments.--Section 129(c) of title 23, United 
States Code, is amended--
            (1) in paragraph (2), in the first sentence, by inserting 
        ``or on a public transit ferry eligible under chapter 53 of 
        title 49'' after ``Interstate System'';
            (2) in paragraph (3)--
                    (A) by striking ``(3) Such ferry'' and inserting 
                ``(3)(A) The ferry''; and
                    (B) by adding at the end the following:
            ``(B) Any Federal participation shall not involve the 
        construction or purchase, for private ownership, of a ferry 
        boat,

[[Page 129 STAT. 1347]]

        ferry terminal facility, or other eligible project under this 
        section.'';
            (3) in paragraph (4) by striking ``and repair,'' and 
        inserting ``repair,''; and
            (4) by striking paragraph (6) and inserting the following:
            ``(6) The ferry service shall be maintained in accordance 
        with section 116.
            ``(7)(A) No ferry boat or ferry terminal with Federal 
        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.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                          (i) in the matter preceding clause (i), by 
                      striking ``includes, but is not limited to,'' and 
                      inserting ``only includes''; and
                          (ii) by adding at the end the following:
                          ``(xxv) Installation of vehicle-to-
                      infrastructure communication equipment.
                          ``(xxvi) Pedestrian hybrid beacons.
                          ``(xxvii) Roadway improvements that provide 
                      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).'';
                    (B) by striking paragraph (10); and
                    (C) by redesignating paragraphs (11) through (13) as 
                paragraphs (10) through (12), respectively;
            (2) in subsection (c)(1)(A) by striking ``subsections 
        (a)(12)'' and inserting ``subsections (a)(11)'';
            (3) in subsection (d)(2)(B)(i) by striking ``subsection 
        (a)(12)'' and inserting ``subsection (a)(11)''; and
            (4) by adding at the end the following:

    ``(k) Data Collection on Unpaved Public Roads.--
            ``(1) In general.--A State may elect not to collect 
        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.''.

[[Page 129 STAT. 1348]]

    (b) Commercial Motor Vehicle Safety Best Practices.--
            (1) Review.--The Secretary shall conduct a review of best 
        practices with respect to the implementation of roadway safety 
        infrastructure improvements that--
                    (A) are cost effective; and
                    (B) reduce the number or severity of accidents 
                involving commercial motor vehicles.
            (2) Consultation.--In conducting the review under paragraph 
        (1), the Secretary shall consult with State transportation 
        departments and units of local government.
            (3) Report.--Not later than 1 year after the date of 
        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--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)(i)(I) by inserting ``in the 
                designated nonattainment area'' after ``air quality 
                standard'';
                    (B) in paragraph (3) by inserting ``or maintenance'' 
                after ``likely to contribute to the attainment'';
                    (C) in paragraph (4) by striking ``attainment of'' 
                and inserting ``attainment or maintenance in the area 
                of'';
                    (D) in paragraph (7) by striking ``or'' at the end;
                    (E) in paragraph (8)--
                          (i) in subparagraph (A)(ii)--
                                    (I) in the matter preceding 
                                subclause (I) by inserting ``or port-
                                related freight operations'' after 
                                ``construction projects''; and
                                    (II) in subclause (II) by inserting 
                                ``or chapter 53 of title 49'' after 
                                ``this title''; and
                          (ii) in subparagraph (B) by striking the 
                      period at the end and inserting ``; or''; and
                    (F) by adding at the end the following:
            ``(9) if the project or program is for the installation of 
        vehicle-to-infrastructure communication equipment.'';
            (2) in subsection (c)(2) by inserting ``(giving priority to 
        corridors designated under section 151)'' after ``at any 
        location in the State'';
            (3) in subsection (d)--
                    (A) by striking paragraph (1)(B) and inserting the 
                following:
                    ``(B) is eligible under the surface transportation 
                block grant program under section 133.'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i) by inserting ``would otherwise be 
                                eligible under subsection (b) if the 
                                project were carried out in a 
                                nonattainment or maintenance area or'' 
                                after ``may use for any project that''; 
                                and
                                    (II) in clause (i) by striking 
                                ``paragraph (l)'' and inserting 
                                ``subsection (k)(1)''; and

[[Page 129 STAT. 1349]]

                          (ii) in subparagraph (B)(i) by striking ``MAP-
                      21t'' and inserting ``MAP-21''; and
                    (C) 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'';
            (4) in subsection (g)(2)(B) by striking ``not later that'' 
        and inserting ``not later than'';
            (5) in subsection (k) by adding at the end the following:
            ``(3) PM2.5 nonattainment and maintenance in low population 
        density states.--
                    ``(A) Exception.--In any State with a population 
                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.'';
            (6) in subsection (l)(1)(B) by inserting ``air quality and 
        traffic congestion'' before ``performance targets''; and
            (7) in subsection (m) by striking ``section 104(b)(2)'' and 
        inserting ``section 104(b)(4)''.
SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    Section 165(a) of title 23, United States Code, is amended--
            (1) in paragraph (1) by striking ``$150,000,000'' and 
        inserting ``$158,000,000''; and
            (2) in paragraph (2) by striking ``$40,000,000'' and 
        inserting ``$42,000,000''.
SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM.

    (a) In General.--Section 167 of title 23, United States Code, is 
amended to read as follows:
``Sec. 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

[[Page 129 STAT. 1350]]

        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.--

[[Page 129 STAT. 1351]]

            ``(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--

[[Page 129 STAT. 1352]]

                    ``(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.

[[Page 129 STAT. 1353]]

            ``(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--

[[Page 129 STAT. 1354]]

                          ``(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.

[[Page 129 STAT. 1355]]

                          ``(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--

[[Page 129 STAT. 1356]]

                    ``(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.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC prec. 101.>>  is amended by striking 
the item relating to section 167 and inserting the following:

``167. National highway freight program.''.

    (c) Repeals.--Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C. 167 
note), and the items relating to such sections in the table of contents 
in section 1(c) of such Act, are repealed.
SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

    (a) Tribal Data Collection.--Section 201(c)(6) of title 23, United 
States Code, is amended by adding at the end the following:
                    ``(C) Tribal data collection.--In addition to the 
                data to be collected under subparagraph (A), not later 
                than 90 days after the last day of each fiscal year, any 
                entity carrying out a project under the tribal 
                transportation 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).''.

    (b) Report on Tribal Government Transportation Safety Data.--
            (1) Findings.--Congress finds that--
                    (A) in many States, the Native American population 
                is disproportionately represented in fatalities and 
                crash statistics;

[[Page 129 STAT. 1357]]

                    (B) improved crash reporting by tribal law 
                enforcement agencies would facilitate safety planning 
                and would enable Indian tribes to apply more 
                successfully for State and Federal funds for safety 
                improvements;
                    (C) the causes of underreporting of crashes on 
                Indian reservations include--
                          (i) tribal law enforcement capacity, 
                      including--
                                    (I) staffing shortages and turnover; 
                                and
                                    (II) lack of equipment, software, 
                                and training; and
                          (ii) lack of standardization in crash 
                      reporting forms and protocols; and
                    (D) without more accurate reporting of crashes on 
                Indian reservations, it is difficult or impossible to 
                fully understand the nature of the problem and develop 
                appropriate countermeasures, which may include effective 
                transportation safety planning and programs aimed at--
                          (i) driving under the influence (DUI) 
                      prevention;
                          (ii) pedestrian safety;
                          (iii) roadway safety improvements;
                          (iv) seat belt usage; and
                          (v) proper use of child restraints.
            (2) Report to congress.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary, after 
                consultation with the Secretary of Interior, the 
                Secretary of Health and Human Services, the Attorney 
                General, and Indian tribes, shall submit to the 
                Committee on Environment and Public Works and the 
                Committee on Indian Affairs of the Senate and the 
                Committee on Transportation and 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.
                    (B) Purposes.--The purposes of the report are--
                          (i) to improve the collection and sharing of 
                      data on crashes on Indian reservations; and
                          (ii) to develop data that Indian tribes can 
                      use to recover damages to tribal property caused 
                      by motorists.
                    (C) Paperless data reporting.--In preparing the 
                report, the Secretary shall provide States, counties, 
                and Indian tribes with options and best practices for 
                transition to a paperless transportation safety data 
                reporting system that--
                          (i) improves the collection of crash reports;
                          (ii) stores, archives, queries, and shares 
                      crash records; and
                          (iii) uses data exclusively--
                                    (I) to address traffic safety issues 
                                on Indian reservations; and
                                    (II) to identify and improve problem 
                                areas on public roads on Indian 
                                reservations.

[[Page 129 STAT. 1358]]

                    (D) 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.

    (c) Study on Bureau of Indian Affairs Road Safety.--Not later than 2 
years after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Interior, the Attorney General, 
States, and Indian tribes shall--
            (1) complete a study that identifies and evaluates options 
        for improving safety on public roads on Indian reservations; and
            (2) submit to the Committee on Environment and Public Works 
        and the Committee on Indian Affairs of the Senate and the 
        Committee on Transportation and Infrastructure and the Committee 
        on Natural Resources of the House of 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--
            (1) in subsection (a)(6) by striking ``6 percent'' and 
        inserting ``5 percent''; and
            (2) in subsection (d)(2) in the matter preceding 
        subparagraph (A) by striking ``2 percent'' and inserting ``3 
        percent''.
SEC. 1119. FEDERAL LANDS TRANSPORTATION PROGRAM.

    Section 203 of title 23, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (B) by striking ``operation'' 
                and inserting ``capital, operations,''; and
                    (B) in subparagraph (D) by striking ``subparagraph 
                (A)(iv)'' and inserting ``subparagraph (A)(iv)(I)'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(B)--
                          (i) in clause (iv) by striking ``and'' at the 
                      end;
                          (ii) in clause (v) by striking the period at 
                      the end and inserting a semicolon; and
                          (iii) by adding at the end the following:
                          ``(vi) the Bureau of Reclamation; and
                          ``(vii) independent Federal agencies with 
                      natural resource and land management 
                      responsibilities.''; and
                    (B) in paragraph (2)(B)--
                          (i) in the matter preceding clause (i) by 
                      inserting ``performance management, including'' 
                      after ``support''; and
                          (ii) in clause (i)(II) by striking ``, and'' 
                      and inserting ``; and''; and
            (3) in subsection (c)(2)(B) by adding at the end the 
        following:
                          ``(vi) The Bureau of Reclamation.''.
SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.

    Section 201(c) of title 23, United States Code, is amended--
            (1) in paragraph (6)(A)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively (and by moving the 
                subclauses 2 ems to the right);

[[Page 129 STAT. 1359]]

                    (B) in the matter preceding subclause (I) (as so 
                redesignated), by striking ``The Secretaries'' and 
                inserting the following:
                          ``(i) In general.--The Secretaries'';
                    (C) by inserting a period after ``tribal 
                transportation program''; and
                    (D) by striking ``in accordance with'' and all that 
                follows through ``including--'' and inserting the 
                following:
                          ``(ii) Requirement.--Data collected to 
                      implement the tribal transportation program shall 
                      be in 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
            (2) 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.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 206 the following:
``Sec. 207. <<NOTE: 23 USC 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.

[[Page 129 STAT. 1360]]

            ``(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

[[Page 129 STAT. 1361]]

                                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

[[Page 129 STAT. 1362]]

                                                ``(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;

[[Page 129 STAT. 1363]]

                                            ``(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

[[Page 129 STAT. 1364]]

                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

[[Page 129 STAT. 1365]]

                                    ``(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

[[Page 129 STAT. 1366]]

                    ``(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.

[[Page 129 STAT. 1367]]

            ``(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

[[Page 129 STAT. 1368]]

        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.''.

    (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, <<NOTE: 23 USC prec. 201.>>  is amended by inserting 
after the item relating to section 206 the following:

``207. Tribal transportation self-governance program.''.

SEC. <<NOTE: 23 USC 103 note.>>  1122. STATE FLEXIBILITY FOR 
                          NATIONAL HIGHWAY SYSTEM MODIFICATIONS.

    (a) National Highway System Flexibility.--Not later than 90 days 
after the date of enactment of this Act, the Secretary shall issue 
guidance relating to working with State departments

[[Page 129 STAT. 1369]]

of transportation that request assistance from the division offices of 
the Federal Highway Administration--
            (1) to review roads classified as principal arterials in the 
        State that were added to the National Highway System as of 
        October 1, 2012, so as to comply with section 103 of title 23, 
        United States Code; and
            (2) to identify any necessary functional classification 
        changes to rural and urban principal arterials.

    (b) Administrative Actions.--The Secretary shall direct the division 
offices of the Federal Highway Administration to work with the 
applicable State department of transportation that requests assistance 
under this section--
            (1) to assist in the review of roads in accordance with 
        guidance issued under subsection (a);
            (2) to expeditiously review and facilitate requests from 
        States to reclassify roads classified as principal arterials; 
        and
            (3) in the case of a State that requests the withdrawal of 
        reclassified roads from the National Highway System under 
        section 103(b)(3) of title 23, United States Code, to carry out 
        that withdrawal if the inclusion of the reclassified road in the 
        National Highway System is not consistent with the needs and 
        priorities of the community or region in which the reclassified 
        road is located.

    (c) National Highway System Modification Regulations.--The Secretary 
shall--
            (1) review the National Highway System modification process 
        described in appendix D of part 470 of title 23, Code of Federal 
        Regulations (or successor regulations); and
            (2) take any action necessary to ensure that a State may 
        submit to the Secretary a request to modify the National Highway 
        System by withdrawing a road from the National Highway System.

    (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes a description of--
            (1) each request for reclassification of National Highway 
        System roads;
            (2) the status of each request; and
            (3) if applicable, the justification for the denial by the 
        Secretary of a request.

    (e) Modifications to the National Highway System.--Section 
103(b)(3)(A) of title 23, United States Code, is amended--
            (1) in the matter preceding clause (i)--
                    (A) by striking ``, including any modification 
                consisting of a connector to a major intermodal 
                terminal,''; and
                    (B) by inserting ``, including any modification 
                consisting of a connector to a major intermodal terminal 
                or the withdrawal of a road from that system,'' after 
                ``the National Highway System''; and
            (2) in clause (ii)--
                    (A) by striking ``(ii) enhances'' and inserting 
                ``(ii)(I) enhances'';
                    (B) by striking the period at the end and inserting 
                ``; or''; and

[[Page 129 STAT. 1370]]

                    (C) by adding at the end the following:
                          ``(II) in the case of the withdrawal of a 
                      road, is reasonable and appropriate.''.
SEC. <<NOTE: 23 USC 201 note.>>  1123. NATIONALLY SIGNIFICANT 
                          FEDERAL LANDS AND TRIBAL PROJECTS 
                          PROGRAM.

    (a) 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.
    (b) Eligible Applicants.--
            (1) 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.
            (2) Special rule.--A State, county, or unit of local 
        government may only apply for funding under the program if 
        sponsored by an eligible Federal land management agency or 
        Indian tribe.

    (c) Eligible Projects.--An eligible project under the program shall 
be a single continuous project--
            (1) on a Federal lands transportation facility, a Federal 
        lands access transportation facility, or a tribal transportation 
        facility (as those terms are defined in section 101 of title 23, 
        United States Code), except that such facility is not required 
        to be included in an inventory described in section 202 or 203 
        of such title;
            (2) for which completion of activities required under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) has been demonstrated through--
                    (A) a record of decision with respect to the 
                project;
                    (B) a finding that the project has no significant 
                impact; or
                    (C) a determination that the project is 
                categorically excluded; and
            (3) having an estimated cost, based on the results of 
        preliminary engineering, equal to or exceeding $25,000,000, with 
        priority consideration given to projects with an estimated cost 
        equal to or exceeding $50,000,000.

    (d) Eligible Activities.--
            (1) In general.--Subject to paragraph (2), an eligible 
        applicant receiving funds under the program may only use the 
        funds for construction, reconstruction, and rehabilitation 
        activities.
            (2) Ineligible activities.--An eligible applicant may not 
        use funds received under the program for activities relating to 
        project design.

    (e) Applications.--Eligible applicants shall submit to the Secretary 
an application at such time, in such form, and containing such 
information as the Secretary may require.
    (f) Selection Criteria.--In selecting a project to receive funds 
under the program, the Secretary shall consider the extent to which the 
project--
            (1) furthers the goals of the Department, including state of 
        good repair, economic competitiveness, quality of life, and 
        safety;

[[Page 129 STAT. 1371]]

            (2) improves the condition of critical transportation 
        facilities, including multimodal facilities;
            (3) needs construction, reconstruction, or rehabilitation;
            (4) has costs matched by funds that are not provided under 
        this section, with projects with a greater percentage of other 
        sources of matching funds ranked ahead of lesser matches;
            (5) is included in or eligible for inclusion in the National 
        Register of Historic Places;
            (6) uses new technologies and innovations that enhance the 
        efficiency of the project;
            (7) is supported by funds, other than the funds received 
        under the program, to construct, maintain, and operate the 
        facility;
            (8) spans 2 or more States; and
            (9) serves land owned by multiple Federal agencies or Indian 
        tribes.

    (g) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        shall be up to 90 percent.
            (2) Non-federal share.--Notwithstanding any other provision 
        of law, any Federal funds other than those made available under 
        title 23 or title 49, United States Code, may be used to pay the 
        non-Federal share of the cost of a project carried out under 
        this section.

    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2016 through 2020. Such sums shall remain available for a period 
of 3 fiscal years following the fiscal year for which the amounts are 
appropriated.

             Subtitle B--Planning and Performance Management

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

    Section 134 of title 23, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``people and freight and'' and 
                inserting ``people and freight,'' and
                    (B) by inserting ``and take into consideration 
                resiliency needs'' after ``urbanized areas,'';
            (2) in subsection (c)(2) by striking ``and bicycle 
        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'';
            (3) in subsection (d)--
                    (A) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) Representation.--
                    ``(A) In general.--Designation or selection of 
                officials or representatives under paragraph (2) shall 
                be determined by the metropolitan planning organization 
                according to the bylaws or enabling statute of the 
                organization.
                    ``(B) Public transportation representative.--Subject 
                to the bylaws or enabling statute of the metropolitan

[[Page 129 STAT. 1372]]

                planning organization, a representative of a provider of 
                public transportation may also serve as a representative 
                of a local municipality.
                    ``(C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting rights, and 
                any other authority commensurate with other officials 
                described in paragraph (2).''; and
                    (C) in paragraph (5) as so redesignated by striking 
                ``paragraph (5)'' and inserting ``paragraph (6)'';
            (4) in subsection (e)(4)(B) by striking ``subsection 
        (d)(5)'' and inserting ``subsection (d)(6)'';
            (5) in subsection (g)(3)(A) by inserting ``tourism, natural 
        disaster risk reduction,'' after ``economic development,'';
            (6) in subsection (h)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (G) by striking ``and'' at 
                      the end;
                          (ii) in subparagraph (H) by striking the 
                      period at the end and inserting a semicolon; and
                          (iii) by adding at the end the following:
                    ``(I) improve the resiliency and reliability of the 
                transportation system and reduce or mitigate stormwater 
                impacts of surface transportation; and
                    ``(J) enhance travel and tourism.''; and
                    (B) in paragraph (2)(A) by striking ``and in section 
                5301(c) of title 49'' and inserting ``and the general 
                purposes described in section 5301 of title 49'';
            (7) in subsection (i)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A)(i) by striking 
                      ``transit,'' and inserting ``public transportation 
                      facilities, intercity bus facilities,'';
                          (ii) in subparagraph (G)--
                                    (I) by striking ``and provide'' and 
                                inserting ``, provide''; and
                                    (II) by inserting ``, and reduce the 
                                vulnerability of the existing 
                                transportation infrastructure to natural 
                                disasters'' before the period at the 
                                end; and
                          (iii) in subparagraph (H) by inserting 
                      ``including consideration of the role that 
                      intercity buses may play in reducing congestion, 
                      pollution, and energy 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;
                    (B) in paragraph (6)(A)--
                          (i) by inserting ``public ports,'' before 
                      ``freight shippers,''; and
                          (ii) by inserting ``(including intercity bus 
                      operators, employer-based commuting programs, such 
                      as a carpool program, vanpool program, transit 
                      benefit program, parking cash-out program, shuttle 
                      program, or telework program)'' after ``private 
                      providers of transportation''; and
                    (C) in paragraph (8) by striking ``paragraph 
                (2)(C)'' and inserting ``paragraph (2)(E)'' each place 
                it appears;

[[Page 129 STAT. 1373]]

            (8) in subsection (k)(3)--
                    (A) 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
                    (B) 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.'';
            (9) in subsection (l)--
                    (A) by adding a period at the end of paragraph (1); 
                and
                    (B) in paragraph (2)(D) by striking ``of less than 
                200,000'' and inserting ``with a population of 200,000 
                or less'';
            (10) in subsection (n)(1) by inserting ``49'' after 
        ``chapter 53 of title'';
            (11) in subsection (p) by striking ``Funds set aside under 
        section 104(f)'' and inserting ``Funds apportioned under 
        paragraphs (5)(D) and (6) of section 104(b)''; and
            (12) by adding at the end the following:

    ``(r) Bi-State Metropolitan Planning Organization.--
            ``(1) Definition of bi-state mpo region.--In this 
        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

[[Page 129 STAT. 1374]]

                    ``(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--
            (1) 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'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (G) by striking ``and'' at 
                      the end;
                          (ii) in subparagraph (H) by striking the 
                      period at the end and inserting a semicolon; and
                          (iii) by adding at the end the following:
                    ``(I) improve the resiliency and reliability of the 
                transportation system and reduce or mitigate stormwater 
                impacts of surface transportation; and
                    ``(J) enhance travel and tourism.''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A) by striking ``and in 
                      section 5301(c) of title 49'' and inserting ``and 
                      the general purposes described in section 5301 of 
                      title 49'';
                          (ii) in subparagraph (B)(ii) by striking 
                      ``urbanized''; and
                          (iii) in subparagraph (C) by striking 
                      ``urbanized'';
            (3) in subsection (f)--
                    (A) in paragraph (3)(A)(ii)--
                          (i) by inserting ``public ports,'' before 
                      ``freight shippers,''; and

[[Page 129 STAT. 1375]]

                          (ii) by inserting ``(including intercity bus 
                      operators, employer-based commuting programs, such 
                      as a carpool program, vanpool program, transit 
                      benefit program, parking cash-out program, shuttle 
                      program, or telework program)'' after ``private 
                      providers of transportation''; and
                    (B) in paragraph (7), in the matter preceding 
                subparagraph (A), by striking ``should'' and inserting 
                ``shall''; and
                    (C) 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
            (4) in subsection (g)(3)--
                    (A) by inserting ``public ports,'' before ``freight 
                shippers''; and
                    (B) by inserting ``(including intercity bus 
                operators),'' after ``private providers of 
                transportation''.

              Subtitle C--Acceleration of Project Delivery

SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
                          SITES.

    (a) Highways.--Section 138 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(c) Satisfaction of Requirements for Certain Historic Sites.--
            ``(1) In general.--The Secretary shall--
                    ``(A) align, to the maximum extent practicable, with 
                the requirements of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 
                of title 54, including implementing regulations; and
                    ``(B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with the 
                Secretary of the Interior and the Executive Director of 
                the Advisory Council on Historic Preservation (referred 
                to in this subsection as the `Council') to establish 
                procedures to satisfy the requirements described in 
                subparagraph (A) (including regulations).
            ``(2) Avoidance alternative analysis.--
                    ``(A) In general.--If, in an analysis required under 
                the National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), the Secretary determines that there is no 
                feasible or prudent alternative to avoid use of a 
                historic site, the Secretary may--
                          ``(i) include the determination of the 
                      Secretary in the analysis required under that Act;
                          ``(ii) provide a notice of the determination 
                      to--
                                    ``(I) each applicable State historic 
                                preservation officer and tribal historic 
                                preservation officer;
                                    ``(II) the Council, if the Council 
                                is participating in the consultation 
                                process under section 306108 of title 
                                54; and

[[Page 129 STAT. 1376]]

                                    ``(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.''.

    (b) Public Transportation.--Section 303 of title 49, United States 
Code, is amended by adding at the end the following:
    ``(e) Satisfaction of Requirements for Certain Historic Sites.--
            ``(1) In general.--The Secretary shall--
                    ``(A) align, to the maximum extent practicable, the 
                requirements of this section with the requirements of 
                the National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and section 306108 of title 54, including 
                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--

[[Page 129 STAT. 1377]]

                          ``(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.

    (a) Title 23 Amendment.--Section 138 of title 23, United States 
Code, as amended by section 1301, is amended by adding at the end the 
following:
    ``(d) References to Past Transportation Environmental Authorities.--
            ``(1) Section 4(f) requirements.--The requirements of this 
        section are commonly referred to as section 4(f) requirements 
        (see section 4(f) of the Department of Transportation Act 
        (Public Law 89-670; 80 Stat. 934) as in effect before the repeal 
        of that section).
            ``(2) Section 106 requirements.--The requirements of section 
        306108 of title 54 are commonly referred to as section

[[Page 129 STAT. 1378]]

        106 requirements (see section 106 of the National Historic 
        Preservation Act of 1966 (Public Law 89-665; 80 Stat. 917) as in 
        effect before the repeal of that section).''.

    (b) Title 49 Amendment.--Section 303 of title 49, United States 
Code, as amended by section 1301, is amended by adding at the end the 
following:
    ``(f) References to Past Transportation Environmental Authorities.--
            ``(1) Section 4(f) requirements.--The requirements of this 
        section are commonly referred to as section 4(f) requirements 
        (see section 4(f) of the Department of Transportation Act 
        (Public Law 89-670; 80 Stat. 934) as in effect before the repeal 
        of that section).
            ``(2) Section 106 requirements.--The requirements of 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.

    (a) Preservation of Parklands.--Section 138 of title 23, United 
States Code, as amended by section 1302, is amended by adding at the end 
the following:
    ``(e) Bridge Exemption From Consideration.--A common post-1945 
concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) 
that is exempt from individual review under section 306108 of title 54 
shall be exempt from consideration under this section.''.
    (b) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic 
Sites.--Section 303 of title 49, United States Code, as amended by 
section 1302, is amended by adding at the end the following:
    ``(g) Bridge Exemption From Consideration.--A common post-1945 
concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) 
that is exempt from individual review under section 306108 of title 54 
shall be exempt from consideration under this section.''.
SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
                          DECISIONMAKING.

    (a) Definitions.--Section 139(a) of title 23, United States Code, is 
amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) Multimodal project.--The term `multimodal project' 
        means a project that requires the approval of more than 1 
        Department of Transportation operating administration or 
        secretarial office.''; and
            (2) 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

[[Page 129 STAT. 1379]]

                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.''.

    (b) Applicability.--Section 139(b)(3) of title 23, United States 
Code, is amended--
            (1) in subparagraph (A) in the matter preceding clause (i) 
        by striking ``initiate a rulemaking to''; and
            (2) by striking subparagraph (B) and inserting the 
        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.''.

    (c) Federal Lead Agency.--Section 139(c) of title 23, United States 
Code, is amended--
            (1) in paragraph (1)(A) by inserting ``, or an operating 
        administration thereof designated by the Secretary,'' after 
        ``Department of Transportation''; and
            (2) in paragraph (6)--
                    (A) in subparagraph (A) by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) to consider and respond to comments received 
                from participating agencies on matters within the 
                special expertise or jurisdiction of those agencies.''.

    (d) Participating Agencies.--
            (1) Invitation.--Section 139(d)(2) of title 23, United 
        States Code, is amended by striking ``The lead agency shall 
        identify, as early as practicable in the environmental review 
        process for a project,'' and inserting ``Not later than 45 days 
        after the date of publication of a notice of intent to prepare 
        an

[[Page 129 STAT. 1380]]

        environmental impact statement or the initiation of an 
        environmental assessment, the lead agency shall identify''.
            (2) Single nepa document.--Section 139(d) of title 23, 
        United States Code, is amended by adding at the end the 
        following:
            ``(8) Single nepa document.--
                    ``(A) In general.--Except as inconsistent with 
                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.''.

    (e) Project Initiation.--Section 139(e) of title 23, United States 
Code, is amended--
            (1) in paragraph (1) by inserting ``(including any 
        additional information that the project sponsor considers to be 
        important to initiate the process for the proposed project)'' 
        after ``general location of the proposed project''; and
            (2) by adding at the end the following:
            ``(3) Review of application.--Not later than 45 days after 
        the date on which the Secretary receives notification under 
        paragraph (1), the Secretary shall provide to the project 
        sponsor a written response that, as applicable--
                    ``(A) describes the determination of the Secretary--
                          ``(i) to initiate the environmental review 
                      process, including a timeline and an expected date 
                      for the publication in the Federal Register of the 
                      relevant notice of intent; or
                          ``(ii) to decline the application, including 
                      an explanation of the reasons for that decision; 
                      or

[[Page 129 STAT. 1381]]

                    ``(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.''.

    (f) Purpose and Need.--Section 139(f) of title 23, United States 
Code, is amended--
            (1) in the subsection heading by inserting ``; Alternatives 
        Analysis'' after ``Need''; and
            (2) in paragraph (4)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) Participation.--
                          ``(i) In general.--As early as practicable 
                      during the environmental review process, the lead 
                      agency shall provide an opportunity for 
                      involvement by 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

[[Page 129 STAT. 1382]]

                      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).'';
                    (B) in subparagraph (B)--
                          (i) by striking ``Following participation 
                      under paragraph (1)'' and inserting the following:
                          ``(i) Determination.--Following participation 
                      under subparagraph (A)''; and
                          (ii) by adding at the end the following:
                          ``(ii) Use.--To the maximum extent practicable 
                      and consistent with Federal law, the range of 
                      alternatives determined for a project under clause 
                      (i) shall be used for all Federal environmental 
                      reviews and permit 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
                    (C) by adding at the end the following:
                    ``(E) Reduction of duplication.--
                          ``(i) In general.--In carrying out this 
                      paragraph, the lead agency shall reduce 
                      duplication, to the 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;

[[Page 129 STAT. 1383]]

                                    ``(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.''.

    (g) Coordination and Scheduling.--
            (1) Coordination plan.--Section 139(g)(1) of title 23, 
        United States Code, is amended--
                    (A) in subparagraph (A) by striking ``The lead 
                agency'' and inserting ``Not later than 90 days after 
                the date of publication of a notice of intent to prepare 
                an environmental impact statement or the initiation of 
                an environmental assessment, the lead agency''; and
                    (B) in subparagraph (B)(i) by striking ``may 
                establish as part of the coordination plan'' and 
                inserting ``shall establish as part of such coordination 
                plan''.
            (2) Deadlines for decisions under other laws.--Section 
        139(g)(3) of title 23, United States Code, is amended in the 
        matter preceding subparagraph (A) by inserting ``and publish on 
        the Internet'' after ``House of Representatives''.

    (h) Issue Identification and Resolution.--
            (1) Issue resolution.--Section 139(h) of title 23, United 
        States Code, is amended--
                    (A) by redesignating paragraphs (4) through (7) as 
                paragraphs (5) through (8), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Issue resolution.--Any issue resolved by the lead 
        agency with the concurrence of participating agencies may not

[[Page 129 STAT. 1384]]

        be reconsidered unless significant new information or 
        circumstances arise.''.
            (2) Failure to assure.--Section 139(h)(5)(C) of title 23, 
        United States Code (as redesignated by paragraph (1)(A)), is 
        amended by striking ``paragraph (5) and'' and inserting 
        ``paragraph (6)''.
            (3) Financial penalty provisions.--Section 139(h)(7)(B) of 
        title 23, United States Code (as redesignated by paragraph 
        (1)(A)), is amended--
                    (A) in clause (i)(I) by striking ``under section 
                106(i) is required'' and inserting ``is required under 
                subsection (h) or (i) of section 106''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                          ``(ii) Description of date.--The date referred 
                      to in clause (i) is--
                                    ``(I) the date that is 30 days after 
                                the date for rendering a decision as 
                                described in the project schedule 
                                established pursuant to subsection 
                                (g)(1)(B);
                                    ``(II) if no schedule exists, the 
                                later of--
                                            ``(aa) the date that is 180 
                                        days after the date on which an 
                                        application for the permit, 
                                        license, or approval is 
                                        complete; and
                                            ``(bb) the date that is 180 
                                        days after the date on which the 
                                        Federal lead agency issues a 
                                        decision on the project under 
                                        the National Environmental 
                                        Policy Act of 1969 (42 U.S.C. 
                                        4321 et seq.); or
                                    ``(III) a modified date in 
                                accordance with subsection (g)(1)(D).''.

    (i) Assistance to Affected State and Federal Agencies.--
            (1) In general.--Section 139(j) of title 23, United States 
        Code, is amended by striking paragraph (1) and inserting the 
        following:
            ``(1) In general.--
                    ``(A) Authority to provide funds.--The Secretary may 
                allow a public entity receiving financial assistance 
                from the Department of Transportation under this title 
                or chapter 53 of title 49 to provide funds to Federal 
                agencies (including the Department), State agencies, and 
                Indian tribes participating in the environmental review 
                process for the project or program.
                    ``(B) Use of funds.--Funds referred to in 
                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.''.
            (2) 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,''.
            (3) Agreement.--Section 139(j) of title 23, United States 
        Code, is amended by striking paragraph (6) and inserting the 
        following:
            ``(6) Agreement.--Prior to providing funds approved by the 
        Secretary for dedicated staffing at an affected agency under

[[Page 129 STAT. 1385]]

        paragraphs (1) and (2), the affected agency and the requesting 
        public entity shall enter into an agreement that establishes the 
        projects and priorities to be addressed by the use of the 
        funds.''.

    (j) Accelerated Decisionmaking; Improving Transparency in 
Environmental Reviews.--
            (1) In general.--Section 139 of title 23, United States 
        Code, is amended by adding at the end the following:

    ``(n) Accelerated Decisionmaking in Environmental Reviews.--
            ``(1) In general.--In preparing a final environmental impact 
        statement under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), if the lead agency modifies the 
        statement in response to comments that are minor and are 
        confined to factual corrections or explanations of why the 
        comments do not warrant additional agency response, the lead 
        agency may write on errata sheets attached to the statement 
        instead of rewriting the draft statement, subject to the 
        condition that the errata sheets--
                    ``(A) cite the sources, authorities, and reasons 
                that support the position of the agency; and
                    ``(B) if appropriate, indicate the circumstances 
                that would trigger agency reappraisal or further 
                response.
            ``(2) Single document.--To the maximum extent 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

[[Page 129 STAT. 1386]]

                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.''.
            (2) Conforming amendment.--Section 1319 of MAP-21 (42 U.S.C. 
        4332a), and the item relating to that section in the table of 
        contents contained in section 1(c) of that Act, are repealed.

    (k) <<NOTE: 23 USC 139 note.>>  Implementation of Programmatic 
Compliance.--
            (1) 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.
            (2) Consultation.--Before initiating the rulemaking under 
        paragraph (1), the Secretary shall consult with relevant Federal 
        agencies, relevant State resource agencies, State departments of 
        transportation, Indian tribes, and the public on the appropriate 
        use and scope of the programmatic approaches.
            (3) 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.
            (4) Comment period.--The Secretary shall--
                    (A) allow not fewer than 60 days for public notice 
                and comment on the proposed rule; and
                    (B) address any comments received under this 
                subsection.
SEC. 1305. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

    Section 168 of title 23, United States Code, is amended to read as 
follows:
``Sec. 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.

[[Page 129 STAT. 1387]]

            ``(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;

[[Page 129 STAT. 1388]]

                    ``(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--

[[Page 129 STAT. 1389]]

                    ``(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--
            (1) by striking ``may use'' and inserting ``shall give 
        substantial weight to''; and
            (2) by inserting ``or other Federal environmental law'' 
        before the period at the end.

[[Page 129 STAT. 1390]]

SEC. 1307. TECHNICAL ASSISTANCE FOR STATES.

    Section 326 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Assistance to states.--On request of a Governor of a 
        State, the Secretary shall provide to the State technical 
        assistance, training, or other support relating to--
                    ``(A) assuming responsibility under subsection (a);
                    ``(B) developing a memorandum of understanding under 
                this subsection; or
                    ``(C) addressing a responsibility in need of 
                corrective action under subsection (d)(1)(B).''; and
            (2) in subsection (d), by striking paragraph (1) and 
        inserting the following:
            ``(1) Termination by secretary.--The Secretary may terminate 
        the participation of any State in the program if--
                    ``(A) the Secretary determines that the State is not 
                adequately carrying out the responsibilities assigned to 
                the State;
                    ``(B) the Secretary provides to the State--
                          ``(i) a notification of the determination of 
                      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--
            (1) in subsection (a)(2)(B)(iii) by striking ``(42 U.S.C. 13 
        4321 et seq.)'' and inserting ``(42 U.S.C. 4321 et seq.)'';
            (2) in subsection (c)(4) by inserting ``reasonably'' before 
        ``considers necessary'';
            (3) in subsection (e) by inserting ``and without further 
        approval of'' after ``in lieu of'';
            (4) in subsection (g)--
                    (A) by striking paragraph (1) and inserting the 
                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

[[Page 129 STAT. 1391]]

                implementation of the agreement and discuss plans for 
                the first annual audit;
                    ``(B) conduct annual audits during each of the first 
                4 years of State participation; and
                    ``(C) ensure that the time period for completing an 
                annual audit, from initiation to completion (including 
                public comment and responses to those comments), does 
                not exceed 180 days.''; and
                    (B) by adding at the end the following:
            ``(3) Audit team.--
                    ``(A) In general.--An audit conducted under 
                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.'';
            (5) in subsection (j) by striking paragraph (1) and 
        inserting the following:
            ``(1) Termination by secretary.--The Secretary may terminate 
        the participation of any State in the program if--
                    ``(A) the Secretary determines that the State is not 
                adequately carrying out the responsibilities assigned to 
                the State;
                    ``(B) the Secretary provides to the State--
                          ``(i) a notification of the determination of 
                      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
            (6) by adding at the end the following:

    ``(k) Capacity Building.--The Secretary, in cooperation with 
representatives of State officials, may carry out education, training, 
peer-exchange, and other initiatives as appropriate--
            ``(1) to assist States in developing the capacity to 
        participate in the assignment program under this section; and
            ``(2) to promote information sharing and collaboration among 
        States that are participating in the assignment program under 
        this section.

    ``(l) Relationship to Locally Administered Projects.--A State 
granted authority under this section may, as appropriate and at the 
request of a local government--
            ``(1) exercise such authority on behalf of the local 
        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.

[[Page 129 STAT. 1392]]

        4321 et seq.) and any comparable requirements under State 
        law.''.
SEC. <<NOTE: 23 USC 330 note.>>  1309. PROGRAM FOR ELIMINATING 
                          DUPLICATION OF ENVIRONMENTAL REVIEWS.

    (a) Purpose.--The purpose of this section is to eliminate 
duplication of environmental reviews and approvals under State laws and 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (b) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 330. <<NOTE: 23 USC 330 note.>>  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--

[[Page 129 STAT. 1393]]

                    ``(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--

[[Page 129 STAT. 1394]]

                                    ``(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

[[Page 129 STAT. 1395]]

                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.

[[Page 129 STAT. 1396]]

            ``(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.''.

    (c) <<NOTE: 23 USC 330 note.>>  Rulemaking.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Chair of the Council on Environmental Quality, shall promulgate 
        regulations to implement the requirements of section 330 of 
        title 23, United States Code, as added by this section.
            (2) Determination of stringency.--As part of the rulemaking 
        required under this subsection, the Chair shall--
                    (A) establish the criteria necessary to determine 
                that a State law or regulation is at least as stringent 
                as a

[[Page 129 STAT. 1397]]

                Federal requirement described in section 330(a)(3) of 
                title 23, United States Code; and
                    (B) ensure that the criteria, at a minimum--
                          (i) provide for protection of the environment;
                          (ii) provide opportunity for public 
                      participation and comment, including access to the 
                      documentation necessary to review the potential 
                      impact of a project; and
                          (iii) ensure a consistent review of projects 
                      that would otherwise have been covered under the 
                      National Environmental Policy Act of 1969 (42 
                      U.S.C. 4321 et seq.).

    (d) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, <<NOTE: 23 USC prec. 301.>>  is amended by adding at 
the end the following:

``330. Program for eliminating duplication of environmental reviews.''.

SEC. 1310. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL 
                          PROJECTS.

    Section 304 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``operating authority that'' 
                      and inserting ``operating administration or 
                      secretarial office that has expertise but''; and
                          (ii) by inserting ``proposed multimodal'' 
                      after ``with respect to a''; and
                    (B) by striking paragraph (2) and inserting the 
                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.'';
            (2) in subsection (b) by inserting ``or title 23'' after 
        ``under this title'';
            (3) by striking subsection (c) and inserting the following:

    ``(c) Application of Categorical Exclusions for Multimodal 
Projects.--In considering the environmental impacts of a proposed 
multimodal project, a lead authority may apply 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--

[[Page 129 STAT. 1398]]

                    ``(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
            (4) by striking subsection (d) and inserting the following:

    ``(d) Cooperating Authority Expertise.--A cooperating authority 
shall provide expertise to the lead authority on aspects of the 
multimodal project in which the cooperating authority has expertise.''.
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.

    (a) In General.--Title 49, United States Code, is amended by 
inserting after section 304 the following:
``Sec. 304a. <<NOTE: 49 USC 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

[[Page 129 STAT. 1399]]

        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.''.

    (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, <<NOTE: 49 USC prec. 301.>>  is amended by inserting 
after the item relating to section 304 the following:

``304a. Accelerated decisionmaking in environmental reviews.''.

SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN 
                          ENVIRONMENTAL REVIEWS.

    (a) In General.--Title 49, United States Code, is amended by 
inserting after section 306 the following:
``Sec. 307. <<NOTE: 49 USC 307 note.>>  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

[[Page 129 STAT. 1400]]

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.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 306 the following:

``307. Improving State and Federal agency engagement in environmental 
           reviews.''.

SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.

    (a) In General.--Title 49, United States Code, <<NOTE: 49 USC prec. 
301.>>  is amended by inserting after section 309 the following:
``Sec. 310. <<NOTE: 49 USC 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').

[[Page 129 STAT. 1401]]

    ``(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.

[[Page 129 STAT. 1402]]

            ``(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.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, <<NOTE: 49 USC prec. 301.>>  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.

    (a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 U.S.C. 109 
note; Public Law 112-141) is amended--
            (1) in paragraph (1)(A) by inserting ``(as adjusted annually 
        by the Secretary to reflect any increases in the Consumer Price 
        Index prepared by the Department of Labor)'' after 
        ``$5,000,000''; and
            (2) in paragraph (1)(B) by inserting ``(as adjusted annually 
        by the Secretary to reflect any increases in the Consumer

[[Page 129 STAT. 1403]]

        Price Index prepared by the Department of Labor)'' after 
        ``$30,000,000''.

    (b) <<NOTE: 23 USC 109 note.>>  Retroactive Application.--The first 
adjustment made pursuant to the amendments made by subsection (a) 
shall--
            (1) be carried out not later than 60 days after the date of 
        enactment of this Act; and
            (2) reflect the increase in the Consumer Price Index since 
        July 1, 2012.
SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE.

    (a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109 note; Public 
Law 112-141) is amended by adding at the end the following:
    ``(e) Programmatic Agreement Template.--
            ``(1) In general.--The Secretary shall develop a template 
        programmatic agreement described in subsection (d) that 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.''.

    (b) <<NOTE: 23 USC 109 note.>>  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--
            (1) for actions described in subsections (c) and (d) of 
        section 771.117 of title 23, Code of Federal Regulations; and
            (2) that meet the criteria for a categorical exclusion under 
        section 1508.4 of title 40, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act), and are identified 
        in the programmatic agreement.
SEC. <<NOTE: 23 USC 106 note.>>  1316. ASSUMPTION OF AUTHORITIES.

    (a) In General.--The Secretary shall use the authority under section 
106(c) of title 23, United States Code, to the maximum extent 
practicable, to allow a State to assume the responsibilities of the 
Secretary for project design, plans, specifications, estimates, contract 
awards, and inspection of projects, on both a project-specific and 
programmatic basis.
    (b) Submission of Recommendations.--Not later than 18 months after 
the date of enactment of this Act, the Secretary, in cooperation with 
the States, shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of

[[Page 129 STAT. 1404]]

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.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall examine ways to modernize, simplify, 
and improve the implementation of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) by the Department.
    (b) Inclusions.--In carrying out subsection (a), the Secretary shall 
consider--
            (1) the use of technology in the process, such as--
                    (A) searchable databases;
                    (B) geographic information system mapping tools;
                    (C) integration of those tools with fiscal 
                management systems to provide more detailed data; and
                    (D) other innovative technologies;
            (2) ways to prioritize use of programmatic environmental 
        impact statements;
            (3) methods to encourage cooperating agencies to present 
        analyses in a concise format; and
            (4) any other improvements that can be made to modernize 
        process implementation.

    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report describing the 
results of the review carried out under subsection (a).
SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT 
                          DELIVERY.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall assess 
the progress made under this Act, MAP-21 (Public Law 112-141), and 
SAFETEA-LU (Public Law 109-59), including the amendments made by those 
Acts, to accelerate the delivery of Federal-aid highway and highway 
safety construction projects and public transportation capital projects 
by streamlining the environmental review and permitting process.
    (b) Contents.--The assessment required under subsection (a) shall 
evaluate--
            (1) how often the various streamlining provisions have been 
        used;
            (2) which of the streamlining provisions have had the 
        greatest impact on streamlining the environmental review and 
        permitting process;
            (3) what, if any, impact streamlining of the process has had 
        on environmental protection;
            (4) how, and the extent to which, streamlining provisions 
        have improved and accelerated the process for permitting under 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable Federal laws;
            (5) what impact actions by the Council on Environmental 
        Quality have had on accelerating Federal-aid highway and

[[Page 129 STAT. 1405]]

        highway safety construction projects and public transportation 
        capital projects;
            (6) the number and percentage of projects that proceed under 
        a traditional environmental assessment or environmental impact 
        statement, and the number and percentage of projects that 
        proceed under categorical exclusions;
            (7) the extent to which the environmental review and 
        permitting process remains a significant source of project delay 
        and the sources of delays; and
            (8) the costs of conducting environmental reviews and 
        issuing permits or licenses for a project, including the cost of 
        contractors and dedicated agency staff.

    (c) Recommendations.--The assessment required under subsection (a) 
shall include recommendations with respect to--
            (1) 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
            (2) best practices of other Federal agencies that should be 
        considered for adoption by the Department.

    (d) Report to Congress.--The Comptroller General of the United 
States shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 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.

    (a) Prohibition.--Except as provided in subsection (b), for fiscal 
years 2016 through 2020, funds apportioned to a State under section 
104(b)(3) of title 23, United States Code, may not be used to purchase, 
operate, or maintain an automated traffic enforcement system.
    (b) Exception.--Subsection (a) does not apply to an automated 
traffic enforcement system located in a school zone.
    (c) Automated Traffic Enforcement System Defined.--In this section, 
the term ``automated traffic enforcement system'' means any camera that 
captures an image of a vehicle for the purposes of traffic law 
enforcement.
SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.

    (a) In General.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
    ``(g) Highway Trust Fund Transparency and 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.

[[Page 129 STAT. 1406]]

            ``(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;

[[Page 129 STAT. 1407]]

                          ``(vi) the ownership of the highway or bridge;
                          ``(vii) whether the project is located in an 
                      area of the State with a population of--
                                    ``(I) less than 5,000 individuals;
                                    ``(II) 5,000 or more individuals but 
                                less than 50,000 individuals;
                                    ``(III) 50,000 or more individuals 
                                but less than 200,000 individuals; or
                                    ``(IV) 200,000 or more individuals; 
                                and
                          ``(viii) available information on the 
                      estimated cost of the project as of the start of 
                      project construction, or the revised cost estimate 
                      based on a description of revisions to the scope 
                      of work or other factors affecting project cost 
                      other than cost overruns.''.

    (b) Conforming Amendment.--Section 1503 of MAP-21 (23 U.S.C. 104 
note; Public Law 112-141) is amended by striking subsection (c).
SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 104 the following:
``Sec. 105. <<NOTE: 23 USC 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

[[Page 129 STAT. 1408]]

                    ``(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

[[Page 129 STAT. 1409]]

        Trust Fund established under section 9503(e)(1) of the Internal 
        Revenue Code of 1986.''.

    (b) Clerical Amendment.--The analysis for such chapter <<NOTE: 23 
USC prec. 101.>>  is amended by inserting after the item relating to 
section 104 the following:

``105. Additional deposits into Highway Trust Fund.''.

SEC. 1404. DESIGN STANDARDS.

    (a) In General.--Section 109 of title 23, United States Code, is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A) 
                      by striking ``may take into account'' and 
                      inserting ``shall consider'';
                          (ii) in subparagraph (B) by striking ``and'' 
                      at the end;
                          (iii) by redesignating subparagraph (C) as 
                      subparagraph (D); and
                          (iv) by inserting after subparagraph (B) the 
                      following:
                    ``(C) cost savings by utilizing flexibility that 
                exists in current design guidance and regulations; 
                and''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (C) by striking ``and'' at 
                      the end;
                          (ii) by redesignating subparagraph (D) as 
                      subparagraph (F); and
                          (iii) 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
            (2) in subsection (f) by inserting ``pedestrian walkways,'' 
        after ``bikeways,''.

    (b) <<NOTE: 23 USC 109 note.>>  Design Standard Flexibility.--
Notwithstanding section 109(o) of title 23, United States Code, a State 
may allow a local jurisdiction to use a roadway design publication that 
is different from the roadway design publication used by the State in 
which the local jurisdiction is located for the design of a project on a 
roadway under the ownership of the local jurisdiction (other than a 
highway on the Interstate System) if--
            (1) the local jurisdiction is a direct recipient of Federal 
        funds for the project;
            (2) the roadway design publication--
                    (A) is recognized by the Federal Highway 
                Administration; and
                    (B) is adopted by the local jurisdiction; and
            (3) the design complies with all other applicable Federal 
        laws.

[[Page 129 STAT. 1410]]

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.

    (a) National Highway Performance Program.--Section 119 of title 23, 
United States Code, is amended--
            (1) in subsection (e)(7), by striking ``for 2 consecutive 
        reports submitted under this paragraph shall include in the next 
        report submitted'' and inserting ``shall include as part of the 
        performance target report under section 150(e)''; and
            (2) in subsection (f)(1)(A) in the matter preceding clause 
        (i) by striking ``If, during 2 consecutive reporting periods, 
        the condition of the Interstate System, excluding bridges on the 
        Interstate System, in a State falls'' and inserting ``If a State 
        reports that the condition of the Interstate System, excluding 
        bridges on the Interstate System, has fallen''.

    (b) Highway Safety Improvement Program.--Section 148(i) of title 23, 
United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``performance targets of the State established under section 
        150(d) by the date that is 2 years after the date of the 
        establishment of the performance targets'' and inserting 
        ``safety performance targets of the State established under 
        section 150(d)''; and
            (2) in paragraphs (1) and (2), by inserting ``safety'' 
        before ``performance targets'' each place it appears.
SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.

    (a) National Highway Performance Program.--Section 119(d)(2)(L) of 
title 23, United States Code, is amended by inserting ``, including the 
installation of vehicle-to-infrastructure communication equipment'' 
after ``capital improvements''.
    (b) 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.

    (a) Innovative Project Delivery Methods.--Section 120(c)(3) of title 
23, United States Code, is amended--
            (1) in subparagraph (A)(ii)--
                    (A) by inserting ``engineering or design 
                approaches,'' after ``technologies,''; and
                    (B) by inserting ``or project delivery'' after ``or 
                contracting'';
            (2) in subparagraph (B)--
                    (A) in clause (iii) by inserting ``and alternative 
                bidding'' before the semicolon at the end;
                    (B) in clause (iv) by striking ``or'' at the end;
                    (C) by redesignating clause (v) as clause (vi); and
                    (D) by inserting after clause (iv) the following:
                          ``(v) innovative pavement materials that have 
                      a demonstrated life cycle of 75 or more years, are 
                      manufactured with reduced greenhouse gas 
                      emissions, and

[[Page 129 STAT. 1411]]

                      reduce construction-related congestion by rapidly 
                      curing; or''; and

    (b) Emergency Relief.--Section 120(e)(2) of title 23, United States 
Code, is amended by striking ``Federal land access 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,

[[Page 129 STAT. 1412]]

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.

    (a) Tolling.--Section 129(a) of title 23, United States Code, is 
amended--
            (1) in paragraph (3)(A), in the matter preceding clause 
        (i)--
                    (A) by striking ``shall use'' and inserting ``shall 
                ensure that''; and
                    (B) by inserting ``are used'' before ``only for'';
            (2) by striking paragraph (4) and redesignating paragraphs 
        (5) through (9) as paragraphs (4) through (8), respectively; and

[[Page 129 STAT. 1413]]

            (3) in subparagraph (B) of paragraph (4) (as so 
        redesignated) by striking ``Federal-aid system'' and inserting 
        ``Federal-aid highways'';
            (4) by inserting after paragraph (8) (as so redesignated)--
            ``(9) Equal access for over-the-road buses.--An over-the-
        road bus that serves the public shall be provided access to a 
        toll facility under the same rates, terms, and conditions as 
        public transportation buses.''; and
            (5) in paragraph (10)--
                    (A) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) Over-the-road bus.--The term `over-the-road 
                bus' has the meaning given the term in section 301 of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181).''.

    (b) HOV Facilities.--Section 166 of title 23, United States Code, is 
amended--
            (1) by striking ``the agency'' each place it appears and 
        inserting ``the authority'';
            (2) in subsection (a)(1)--
                    (A) by striking the paragraph heading and inserting 
                ``authority of public authorities''; and
                    (B) by striking ``State agency'' and inserting 
                ``public authority'';
            (3) in subsection (b)--
                    (A) by striking ``State agency'' each place it 
                appears and inserting ``public authority'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (A) by striking ``and'' at 
                      the end;
                          (ii) in subparagraph (B) by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(C) provides equal access under the same rates, 
                terms, and conditions for all public transportation 
                vehicles and over-the-road buses serving the public.'';
                    (C) in paragraph (4)(C)--
                          (i) in clause (i) by striking ``and'' at the 
                      end;
                          (ii) in clause (ii) by striking the period at 
                      the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(iii) ensure that over-the-road buses 
                      serving the public are provided access to the 
                      facility under the same rates, terms, and 
                      conditions as public transportation buses.''; and
                    (D) in paragraph (5)--
                          (i) by striking subparagraph (A) and inserting 
                      the following:
                    ``(A) Special rule.--Before September 30, 2025, if a 
                public authority establishes procedures for enforcing 
                the restrictions on the use of a HOV facility by 
                vehicles described in clauses (i) and (ii), the public 
                authority may allow the use of the HOV facility by--
                          ``(i) alternative fuel vehicles; and
                          ``(ii) any motor vehicle described in section 
                      30D(d)(1) of the Internal Revenue Code of 1986.''; 
                      and

[[Page 129 STAT. 1414]]

                          (ii) in subparagraph (B) by striking ``2017'' 
                      and inserting ``2019'';
            (4) in subsection (c)--
                    (A) 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
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
            (5) in subsection (d)--
                    (A) by striking ``State agency'' each place it 
                appears and inserting ``public authority'';
                    (B) in paragraph (1)--
                          (i) by striking subparagraphs (D) and (E); and
                          (ii) by inserting after subparagraph (C) the 
                      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

[[Page 129 STAT. 1415]]

                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).'';
            (6) in subsection (f)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``solely'' before 
                ``operating'';
                    (B) in paragraph (4)(B)(iii) by striking ``State 
                agency'' and inserting ``public authority'';
                    (C) by striking paragraph (5);
                    (D) by redesignating paragraph (4) as paragraph (6); 
                and
                    (E) by inserting after paragraph (3) the following:
            ``(4) Over-the-road bus.--The term `over-the-road bus' has 
        the meaning given the term in section 301 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12181).
            ``(5) Public authority.--The term `public authority' as used 
        with respect to a HOV facility, means a State, interstate 
        compact of States, public entity designated by a State, or local 
        government having jurisdiction over the operation of the 
        facility.''; and
            (7) by adding at the end the following:

    ``(g) Consultation of MPO.--If a HOV facility charging tolls under 
paragraph (4) or (5) of subsection (b) is on the Interstate System and 
located in a metropolitan planning area established in accordance with 
section 134, the public authority shall consult with the metropolitan 
planning organization for the area concerning the placement and amount 
of tolls on the facility.''.
    (c) Interstate System Reconstruction and Rehabilitation Pilot 
Program.--Section 1216(b) of the Transportation Equity Act for the 21st 
Century (Public Law 105-178) <<NOTE: 23 USC 129 note.>> is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (D) by striking ``and'' at the 
                end;
                    (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) the State has the authority required for the 
                project to proceed.'';
            (2) by redesignating paragraphs (6) through (8) as 
        paragraphs (8) through (10), respectively; and

[[Page 129 STAT. 1416]]

            (3) by inserting after paragraph (5) the following:
            ``(6) Requirements for project completion.--
                    ``(A) General term for expiration of provisional 
                application.--An application provisionally approved by 
                the Secretary under this subsection shall expire 3 years 
                after the date on which the application was 
                provisionally approved if the State has not--
                          ``(i) submitted a complete application to the 
                      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.''.

    (d) <<NOTE: 23 USC 129 note.>> 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''.

[[Page 129 STAT. 1417]]

SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 
                          PROPANE, AND NATURAL GAS FUELING 
                          CORRIDORS.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 150 the following:
``Sec. 151. <<NOTE: 23 USC 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

[[Page 129 STAT. 1418]]

            ``(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.''.

    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC prec. 101.>> is amended by inserting 
after the item relating to section 150 the following:

``151. National electric vehicle charging and hydrogen, propane, and 
           natural gas fueling corridors.''.

    (c) <<NOTE: 42 USC 6364.>> Operation of Battery Recharging Stations 
in Parking Areas Used by Federal Employees.--
            (1) Authorization.--
                    (A) 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.
                    (B) Areas under other federal agencies.--The 
                Administrator of General Services (on the request of a 
                Federal agency) or the head of a Federal agency may 
                install, construct, operate, and maintain on a 
                reimbursable basis a battery recharging station (or 
                allow, on a 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.
                    (C) Use of vendors.--The Administrator of General 
                Services, with respect to subparagraph (A) or (B), or 
                the head of a Federal agency, with respect to 
                subparagraph (B), may carry out such subparagraph 
                through a contract with a vendor, under such terms and 
                conditions (including terms relating to the allocation 
                between the Federal agency and the vendor of the costs 
                of carrying out the contract) as the Administrator or 
                the head of the Federal agency, as the case may be, and 
                the vendor may agree to.
            (2) Imposition of fees to cover costs.--
                    (A) Fees.--The Administrator of General Services or 
                the head of the Federal agency under paragraph (1)(B) 
                shall charge fees to the individuals who use the battery 
                recharging station in such amount as is necessary to 
                ensure that the respective agency recovers all of the 
                costs such agency incurs in installing, constructing, 
                operating, and maintaining the station.
                    (B) Deposit and availability of fees.--Any fees 
                collected by the Administrator of General Services or 
                the

[[Page 129 STAT. 1419]]

                Federal agency, as the case may be, under this paragraph 
                shall be--
                          (i) deposited monthly in the Treasury to the 
                      credit of the respective agency's appropriations 
                      account for the operations of the building where 
                      the battery recharging station is located; and
                          (ii) available for obligation without further 
                      appropriation during--
                                    (I) the fiscal year collected; and
                                    (II) the fiscal year following the 
                                fiscal year collected.
            (3) No effect on existing programs for house and senate.--
        Nothing in this subsection affects the installation, 
        construction, operation, or maintenance of battery recharging 
        stations by the Architect of the Capitol--
                    (A) under Public Law 112-170 (2 U.S.C. 2171), 
                relating to employees of the House of Representatives 
                and individuals authorized to park in any parking area 
                under the jurisdiction of the House of Representatives 
                on the Capitol Grounds; or
                    (B) under Public Law 112-167 (2 U.S.C. 2170), 
                relating to employees of the Senate and individuals 
                authorized to park in any parking area under the 
                jurisdiction of the Senate on the Capitol Grounds.
            (4) No effect on similar authorities.--Nothing in this 
        subsection--
                    (A) repeals or limits any existing authorities of a 
                Federal agency to install, construct, operate, or 
                maintain battery recharging stations; or
                    (B) requires a Federal agency to seek reimbursement 
                for the costs of installing or constructing a battery 
                recharging station--
                          (i) that has been installed or constructed 
                      prior to the date of enactment of this Act;
                          (ii) that is installed or constructed for 
                      Federal fleet vehicles, but that receives 
                      incidental use to recharge privately owned 
                      vehicles; or
                          (iii) that is otherwise installed or 
                      constructed pursuant to appropriations for that 
                      purpose.
            (5) Annual report to congress.--Not later than 2 years after 
        the date of enactment of this Act, and annually thereafter for 
        10 years, the Administrator of General Services shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate a report describing--
                    (A) the number of battery recharging stations 
                installed by the Administrator on the Administrator's 
                own initiative under this subsection;
                    (B) requests from other Federal agencies to install 
                battery recharging stations; and
                    (C) the status and disposition of requests from 
                other Federal agencies.
            (6) Federal agency defined.--In this subsection, the term 
        ``Federal agency'' has the meaning given the term ``Executive 
        agency'' in section 105 of title 5, United States Code, and 
        includes--
                    (A) the United States Postal Service;

[[Page 129 STAT. 1420]]

                    (B) the Executive Office of the President;
                    (C) the military departments (as defined in section 
                102 of title 5, United States Code); and
                    (D) the judicial branch.
            (7) Effective date.--This subsection shall apply with 
        respect to fiscal year 2016 and each succeeding fiscal year.
SEC. 1414. REPEAT OFFENDER CRITERIA.

    Section 164(a) of title 23, United States Code, is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        paragraphs (2) through (5), respectively;
            (2) 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).'';
            (3) in paragraph (5), as redesignated--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or combination of laws or programs'' after 
                ``State law'';
                    (B) by amending subparagraph (A) to read as follows:
                    ``(A) receive, for a period of not less than 1 
                year--
                          ``(i) a suspension of all driving privileges;
                          ``(ii) a restriction on driving privileges 
                      that limits the individual to operating only motor 
                      vehicles with an ignition interlock device 
                      installed, unless a special exception applies;
                          ``(iii) a restriction on driving privileges 
                      that limits the individual to operating motor 
                      vehicles only if participating in, and complying 
                      with, a 24-7 sobriety program; or
                          ``(iv) any combination of clauses (i) through 
                      (iii);'';
                    (C) by striking subparagraph (B);
                    (D) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively; and
                    (E) in subparagraph (C), as redesignated--
                          (i) in clause (i)(II) by inserting before the 
                      semicolon the following: ``(unless the State 
                      certifies that the general practice is that such 
                      an individual will be incarcerated)''; and
                          (ii) in clause (ii)(II) by inserting before 
                      the period at the end the following: ``(unless the 
                      State certifies that the general practice is that 
                      such an individual will receive 10 days of 
                      incarceration)''; and
            (4) by adding at the end the following:
            ``(6) Special exception.--The term `special exception' means 
        an exception under a State alcohol-ignition interlock law for 
        the following circumstances:
                    ``(A) The individual is required to operate an 
                employer's motor vehicle in the course and scope of 
                employment and the business entity that owns the vehicle 
                is not owned or controlled by the individual.
                    ``(B) The individual is certified by a medical 
                doctor as being unable to provide a deep lung breath 
                sample for analysis by an ignition interlock device.''.

[[Page 129 STAT. 1421]]

SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR 
                          HABITAT AND FORAGE ON TRANSPORTATION 
                          RIGHTS-OF-WAY.

    (a) In General.--Section 319 of title 23, United States Code, is 
amended--
            (1) in subsection (a) by inserting ``(including the 
        enhancement of habitat and forage for pollinators)'' before 
        ``adjacent''; and
            (2) by adding at the end the following:

    ``(c) Encouragement of Pollinator Habitat and Forage Development and 
Protection on Transportation Rights-of-way.--In carrying out any program 
administered by the Secretary under this title, the Secretary shall, in 
conjunction with willing States, as appropriate--
            ``(1) encourage integrated vegetation management practices 
        on roadsides and other transportation rights-of-way, including 
        reduced mowing; and
            ``(2) encourage the development of habitat and forage for 
        Monarch butterflies, other native pollinators, and honey bees 
        through plantings of native forbs and grasses, including 
        noninvasive, native milkweed species that can serve as migratory 
        way stations for butterflies and facilitate migrations of other 
        pollinators.''.

    (b) 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.

    (a) Identification of High Priority Corridors on National Highway 
System.--Section 1105(c) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 190; 119 Stat. 1213) 
is amended--
            (1) by striking paragraph (13) and inserting the following:
            ``(13) Raleigh-Norfolk Corridor from Raleigh, North 
        Carolina, through Rocky Mount, Williamston, and Elizabeth City, 
        North Carolina, to Norfolk, Virginia.'';
            (2) in paragraph (18)(D)--
                    (A) in clause (ii) by striking ``and'' at the end;
                    (B) in clause (iii) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                          ``(iv) include Texas State Highway 44 from 
                      United States Route 59 at Freer, Texas, to Texas 
                      State Highway 358.'';
            (3) by striking paragraph (68) and inserting the following:
            ``(68) The Washoe County Corridor and the Intermountain West 
        Corridor, which shall generally follow--
                    ``(A) for the Washoe County Corridor, along 
                Interstate Route 580/United States Route 95/United 
                States Route 95A from Reno, Nevada, to Las Vegas, 
                Nevada; and
                    ``(B) for the Intermountain West Corridor, from the 
                vicinity of Las Vegas, Nevada, north along United States 
                Route 95 terminating at Interstate Route 80.''; and

[[Page 129 STAT. 1422]]

            (4) by adding at the end the following:
            ``(81) United States Route 117/Interstate Route 795 from 
        United States Route 70 in Goldsboro, Wayne County, North 
        Carolina, to Interstate Route 40 west of Faison, Sampson County, 
        North Carolina.
            ``(82) United States Route 70 from its intersection with 
        Interstate Route 40 in Garner, Wake County, North Carolina, to 
        the Port at Morehead City, Carteret County, North Carolina.
            ``(83) The Sonoran Corridor along State Route 410 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.''.

    (b) 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--
            (1) by inserting ``subsection (c)(13),'' after ``subsection 
        (c)(9),'';
            (2) by striking ``subsections (c)(18)'' and all that follows 
        through ``subsection (c)(36)'' and inserting ``subsection 
        (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of 
        subsection (c)(26), subsection (c)(36)''; and
            (3) by striking ``and subsection (c)(57)'' and inserting 
        ``subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), 
        subsection (c)(82), and subsection (c)(83)''.

    (c) Designation.--Section 1105(e)(5)(C)(i) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (109 Stat. 598; 126 Stat. 427) is 
amended by striking the final sentence and inserting the following: 
``The routes referred to in subparagraphs (A) and (B)(i) of subsection 
(c)(26) and in subsection (c)(68)(B) are designated as Interstate Route 
I-11. The route referred to in subsection (c)(84) is designated as 
Interstate Route I-14.''.
    (d) Future Interstate Designation.--Section 119(a) of the SAFETEA-LU 
Technical Corrections Act of 2008 (122 Stat. 1608) is amended by 
striking ``and, as a future Interstate Route 66 Spur, the Natcher 
Parkway in Owensboro, Kentucky'' and inserting ``between Henderson, 
Kentucky, and Owensboro, Kentucky, and, as a future Interstate Route 65 
and 66 Spur, the William H. Natcher Parkway between Bowling Green, 
Kentucky, and Owensboro, Kentucky''.

[[Page 129 STAT. 1423]]

SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING.

    (a) In General.--Section 1409 of SAFETEA-LU (23 U.S.C. 401 note) is 
amended--
            (1) by striking the section heading and inserting ``work 
        zone and guard rail safety training''; and
            (2) in subsection (b) by adding at the end the following:
            ``(4) Development, updating, and delivery of training 
        courses on guard rail installation, maintenance, and 
        inspection.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 1409 and 
inserting the following:

``Sec. 1409. Work zone and guard rail safety training.''.

SEC. 1418. CONSOLIDATION OF PROGRAMS.

    Section 1519(a) of MAP-21 (126 Stat. 574) is amended by striking 
``From administrative funds'' and all that follows through ``shall be 
made available'' and inserting ``For each of fiscal years 2016 through 
2020, before making an apportionment under section 104(b)(3) of title 
23, United States Code, the Secretary shall set aside, from amounts made 
available to carry out the highway safety improvement program under 
section 148 of such title for the fiscal year, $3,500,000''.
SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING 
                          REQUIREMENTS.

    (a) Fundamental Properties of Asphalts Report.--Section 6016(e) of 
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2183) is repealed.
    (b) Express Lanes Demonstration Program Reports.--Section 
1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.
SEC. <<NOTE: 23 USC 101 note.>> 1420. FLEXIBILITY FOR PROJECTS.

    (a) Authority.--With respect to projects eligible for funding under 
title 23, United States Code, subject to subsection (b) and on request 
by a State, the Secretary may--
            (1) exercise all existing flexibilities under and exceptions 
        to--
                    (A) the requirements of title 23, United States 
                Code; and
                    (B) other requirements administered by the 
                Secretary, in whole or part; and
            (2) otherwise provide additional flexibility or expedited 
        processing with respect to the requirements described in 
        paragraph (1).

    (b) Maintaining Protections.--Nothing in this section--
            (1) waives the requirements of section 113 or 138 of title 
        23, United States Code;
            (2) supersedes, amends, or modifies--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) or any other Federal 
                environmental law; or
                    (B) any requirement of title 23 or title 49, United 
                States Code; or
            (3) affects the responsibility of any Federal officer to 
        comply with or enforce any law or requirement described in this 
        subsection.

[[Page 129 STAT. 1424]]

SEC. <<NOTE: 23 USC 101 note.>> 1421. PRODUCTIVE AND TIMELY 
                          EXPENDITURE OF FUNDS.

    (a) 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.
    (b) Implementation.--The Secretary shall work with States to ensure 
that any guidance developed under subsection (a) is consistently 
implemented by States and the Federal Highway Administration to--
            (1) avoid unnecessary delays in completing projects;
            (2) minimize cost overruns; and
            (3) ensure the effective use of Federal funding.
SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES.

    (a) In General.--Subject to subsection (c), the Administrator of the 
Federal Highway Administration (referred to in this section as the 
``Administrator'') shall commission the Transportation Research Board of 
the National Academy of Sciences to conduct a study on the performance 
of bridges that received funding under the innovative bridge research 
and construction program (referred to in this section as the 
``program'') under section 503(b) of title 23, United States Code (as in 
effect on the day before the date of enactment of SAFETEA-LU (Public Law 
109-59; 119 Stat. 1144)) in meeting the goals of that program, which 
included--
            (1) the development of new, cost-effective innovative 
        material highway bridge applications;
            (2) the reduction of maintenance costs and lifecycle costs 
        of bridges, including the costs of new construction, 
        replacement, or rehabilitation of deficient bridges;
            (3) the development of construction techniques to increase 
        safety and reduce construction time and traffic congestion;
            (4) the development of engineering design criteria for 
        innovative products and materials for use in highway bridges and 
        structures;
            (5) the development of cost-effective and innovative 
        techniques to separate vehicle and pedestrian traffic from 
        railroad traffic;
            (6) the development of highway bridges and structures that 
        will withstand natural disasters, including alternative 
        processes for the seismic retrofit of bridges; and
            (7) the development of new nondestructive bridge evaluation 
        technologies and techniques.

    (b) Contents.--The study commissioned under subsection (a) shall 
include--
            (1) an analysis of the performance of bridges that received 
        funding under the program in meeting the goals described in 
        paragraphs (1) through (7) of subsection (a);
            (2) an analysis of the utility, compared to conventional 
        materials and technologies, of each of the innovative materials 
        and technologies used in projects for bridges under the program 
        in meeting the needs of the United States in 2015 and in the 
        future for a sustainable and low lifecycle cost transportation 
        system;
            (3) recommendations to Congress on how the installed and 
        lifecycle costs of bridges could be reduced through the use

[[Page 129 STAT. 1425]]

        of innovative materials and technologies, including, as 
        appropriate, any changes in the design and construction of 
        bridges needed to maximize the cost reductions; and
            (4) a summary of any additional research that may be needed 
        to further evaluate innovative approaches to reducing the 
        installed and lifecycle costs of highway bridges.

    (c) Public Comment.--Before commissioning the study under subsection 
(a), the Administrator shall provide an opportunity for public comment 
on the study proposal.
    (d) Data From States.--Each State that received funds under the 
program shall provide to the Transportation Research Board any relevant 
data needed to carry out the study commissioned under subsection (a).
    (e) Deadline.--The Administrator shall submit to Congress the study 
commissioned under subsection (a) not later than 3 years after the date 
of enactment of this Act.
SEC. <<NOTE: 23 USC 137 note.>> 1423. RELINQUISHMENT OF PARK-AND-
                          RIDE LOT FACILITIES.

    A State transportation agency may relinquish park-and-ride lot 
facilities or portions of park-and-ride lot facilities to a local 
government agency for highway purposes if authorized to do so under 
State law if the agreement providing for the relinquishment provides 
that--
            (1) rights-of-way on the Interstate System will remain 
        available for future highway improvements; and
            (2) modifications to the facilities that could impair the 
        highway or interfere with the free and safe flow of traffic are 
        subject to the approval of the Secretary.
SEC. <<NOTE: 23 USC 116 note.>> 1424. PILOT PROGRAM.

    (a) In General.--The Administrator of the Federal Highway 
Administration (referred to in this section as the ``Administrator'') 
may establish a pilot program that allows a State to utilize innovative 
approaches to maintain the right-of-way of Federal-aid highways within 
the State.
    (b) Limitation.--A pilot program established under subsection (a) 
shall--
            (1) terminate after not more than 4 years;
            (2) include not more than 5 States; and
            (3) be subject to guidelines published by the Administrator.

    (c) Report.--If the Administrator establishes a pilot program under 
subsection (a), the Administrator shall, not more than 1 year after the 
completion of the pilot program, submit to the 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.
    (d) Savings Provision.--Nothing in this section may be construed to 
affect the requirements of section 111 of title 23, United States Code.
SEC. <<NOTE: 23 USC 131 note.>> 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--

[[Page 129 STAT. 1426]]

            (1) that exists on the date of enactment of this Act (or was 
        removed in the 3-year period ending on such date of enactment); 
        and
            (2) the area of which is less than or equal to 32 square 
        feet.
SEC. <<NOTE: 23 USC 101 note.>> 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--
            (1) barrier design;
            (2) road design, construction, and maintenance practices; 
        and
            (3) the architecture and implementation of intelligent 
        transportation system technologies.
SEC. 1427. HIGHWAY WORK ZONES.

    It is the sense of Congress that the Federal Highway Administration 
should--
            (1) do all within its power to protect workers in highway 
        work zones; and
            (2) 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. <<NOTE: 23 USC 101 note.>> 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.

    (a) Study.--The Secretary shall conduct a study on methods for 
identifying roadside highway safety hardware devices to improve the data 
collected on the devices, as necessary for in-service evaluation of the 
devices.
    (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall evaluate identification methods based on the ability of 
the method--
            (1) to convey information on the devices, including 
        manufacturing date, factory of origin, product brand, and model;
            (2) to withstand roadside conditions; and
            (3) to connect to State and regional inventories of similar 
        devices.

    (c) Identification Methods.--The identification methods to be 
studied under this section include stamped serial numbers, radio-
frequency identification, and such other methods as the Secretary 
determines appropriate.
    (d) Report to Congress.--Not later than January 1, 2018, the 
Secretary shall submit to Congress a report on the results of the study 
under subsection (a).

[[Page 129 STAT. 1427]]

SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY.

    It is the sense of Congress that the Department should utilize, to 
the fullest and most economically feasible extent practicable, modeling 
and simulation technology to analyze highway and public transportation 
projects authorized by this Act to ensure that these projects--
            (1) will increase transportation capacity and safety, 
        alleviate congestion, and reduce travel time and environmental 
        impacts; and
            (2) are as cost effective as practicable.
SEC. <<NOTE: 49 USC 301 note.>> 1431. NATIONAL ADVISORY COMMITTEE 
                          ON TRAVEL AND TOURISM INFRASTRUCTURE.

    (a) Findings.--Congress finds that--
            (1) 1 out of every 9 jobs in the United States depends on 
        travel and tourism, and the industry supports 15,000,000 jobs in 
        the United States;
            (2) the travel and tourism industry employs individuals in 
        all 50 States, the District of Columbia, and all of the 
        territories of the United States;
            (3) international travel to the United States is the single 
        largest export industry in the United States, generating a trade 
        surplus balance of approximately $74,000,000,000;
            (4) travel and tourism provide significant economic benefits 
        to the United States by generating nearly $2,100,000,000,000 in 
        annual economic output; and
            (5) the United States intermodal transportation network 
        facilitates the large-scale movement of business and leisure 
        travelers, and is the most important asset of the travel 
        industry.

    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish an advisory 
committee to be known as the National Advisory Committee on Travel and 
Tourism Infrastructure (referred to in this section as the 
``Committee'') to provide information, advice, and recommendations to 
the Secretary on matters relating to the role of intermodal 
transportation in facilitating mobility related to travel and tourism 
activities.
    (c) Membership.--The Committee shall--
            (1) be composed of members appointed by the Secretary for 
        terms of not more than 3 years; and
            (2) include a representative cross-section of public and 
        private sector stakeholders involved in the travel and tourism 
        industry, including representatives of--
                    (A) the travel and tourism industry, product and 
                service providers, and travel and tourism-related 
                associations;
                    (B) travel, tourism, and destination marketing 
                organizations;
                    (C) the travel and tourism-related workforce;
                    (D) State tourism offices;
                    (E) State departments of transportation;
                    (F) regional and metropolitan planning 
                organizations; and
                    (G) local governments.

    (d) Role of Committee.--The Committee shall--
            (1) advise the Secretary on current and emerging priorities, 
        issues, projects, and funding needs related to the use of the

[[Page 129 STAT. 1428]]

        intermodal transportation network of the United States to 
        facilitate travel and tourism;
            (2) serve as a forum for discussion for travel and tourism 
        stakeholders on transportation issues affecting interstate and 
        interregional mobility of passengers;
            (3) promote the sharing of information between the private 
        and public sectors on transportation issues impacting travel and 
        tourism;
            (4) gather information, develop technical advice, and make 
        recommendations to the Secretary on policies that improve the 
        condition and performance of an integrated national 
        transportation system that--
                    (A) is safe, economical, and efficient; and
                    (B) maximizes the benefits to the United States 
                generated through the travel and tourism industry;
            (5) identify critical transportation facilities and 
        corridors that facilitate and support the interstate and 
        interregional transportation of passengers for tourism, 
        commercial, and recreational activities;
            (6) provide for development of measures of condition, 
        safety, and performance for transportation related to travel and 
        tourism;
            (7) provide for development of transportation investment, 
        data, and planning tools to assist Federal, State, and local 
        officials in making investment decisions relating to 
        transportation projects that improve travel and tourism; and
            (8) address other issues of transportation policy and 
        programs impacting the movement of travelers for tourism and 
        recreational purposes, including by making legislative 
        recommendations.

    (e) 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--
            (1) an assessment of the condition and performance of the 
        national transportation network;
            (2) an identification of the issues on the national 
        transportation network that create significant congestion 
        problems and barriers to long-haul passenger travel and tourism;
            (3) forecasts of long-haul passenger travel and tourism 
        volumes for the 20-year period beginning in the year during 
        which the plan is issued;
            (4) an identification of the major transportation facilities 
        and corridors for current and forecasted long-haul travel and 
        tourism volumes, the identification of which shall be revised, 
        as appropriate, in subsequent plans;
            (5) an assessment of statutory, regulatory, technological, 
        institutional, financial, and other barriers to improved long-
        haul passenger travel performance (including opportunities for 
        overcoming the barriers);
            (6) best practices for improving the performance of the 
        national transportation network; and
            (7) strategies to improve intermodal connectivity for long-
        haul passenger travel and tourism.

[[Page 129 STAT. 1429]]

SEC. <<NOTE: 23 USC 109 note.>> 1432. EMERGENCY EXEMPTIONS.

    (a) In General.--Any road, highway, railway, bridge, or transit 
facility that is damaged by an emergency that is declared by the 
Governor of the State, with the concurrence of the Secretary of Homeland 
Security, or declared as an emergency by the President pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), and that is in operation or under construction on 
the date on which the emergency occurs may be reconstructed in the same 
location with the same capacity, dimensions, and design as before the 
emergency subject to the exemptions and expedited procedures under 
subsection (b).
    (b) Exemptions and Expedited Procedures.--
            (1) Alternative arrangements.--Alternative 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.
            (2) 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.
            (3) Emergency procedures.--The emergency procedures for 
        issuing permits in accordance with section 325.2(e)(4) of title 
        33, Code of Federal Regulations (as in effect on the date of 
        enactment of this Act) shall apply to reconstruction under 
        subsection (a), and the reconstruction shall be considered an 
        emergency under that regulation.
            (4) National historic preservation act exemption.--
        Reconstruction under subsection (a) is eligible for an exemption 
        from the requirements of the National Historic Preservation Act 
        of 1966 pursuant to part 78 of title 36, Code of Federal 
        Regulations (as in effect on the date of enactment of this Act).
            (5) Endangered species act exemption.--An exemption from the 
        requirements of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) pursuant to section 7(p) of that Act (16 U.S.C. 
        1536(p)) shall apply to reconstruction under 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.
            (6) Expedited consultation under endangered species act.--
        Expedited consultation pursuant to section 402.05 of title 50, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act) shall apply to reconstruction under 
        subsection (a).
            (7) Other exemptions.--Any reconstruction that is exempt 
        under paragraph (5) shall also be exempt from requirements 
        under--
                    (A) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);

[[Page 129 STAT. 1430]]

                    (B) the Wild and Scenic Rivers Act (16 U.S.C. 1271 
                et seq.); and
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.).
SEC. 1433. <<NOTE: 23 USC 101 note.>> REPORT ON HIGHWAY TRUST FUND 
                          ADMINISTRATIVE EXPENDITURES.

    (a) Initial Report.--Not later than 150 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report describing the administrative expenses 
of the Federal Highway Administration funded from the Highway Trust Fund 
during the 3 most recent fiscal years.
    (b) Updates.--Not later than 5 years after the date on which the 
report is submitted under subsection (a) and every 5 years thereafter, 
the Comptroller General shall submit to Congress a report that updates 
the information provided in the report under that subsection for the 
preceding 5-year period.
    (c) Inclusions.--Each report submitted under subsection (a) or (b) 
shall include a description of--
            (1) the types of administrative expenses of programs and 
        offices funded by the Highway Trust Fund;
            (2) the tracking and monitoring of administrative expenses;
            (3) the controls in place to ensure that funding for 
        administrative expenses is used as efficiently as practicable; 
        and
            (4) the flexibility of the Department to reallocate amounts 
        from the Highway Trust Fund between full-time equivalent 
        employees and other functions.
SEC. 1434. <<NOTE: 49 USC 308 note.>> AVAILABILITY OF REPORTS.

    (a) In General.--The Secretary shall make available to the public on 
the website of the Department any report required to be submitted by the 
Secretary to Congress after the date of enactment of this Act.
    (b) Deadline.--Each report described in subsection (a) shall be made 
available on the website not later than 30 days after the report is 
submitted to Congress.
SEC. 1435. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    Section 1528 of MAP-21 (40 U.S.C. 14501 note; Public Law 112-141) is 
amended--
            (1) by striking ``2021'' each place it appears and inserting 
        ``2050''; and
            (2) by striking ``shall be 100 percent'' each place it 
        appears and inserting ``shall be up to 100 percent, as 
        determined by the State''.
SEC. 1436. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.

    (a) High-speed Broadband Development Initiative.--
            (1) In general.--Subchapter I of chapter 145 of subtitle IV 
        of title 40, United States Code, is amended by adding at the end 
        the following:
``Sec. 14509. <<NOTE: 40 USC 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--

[[Page 129 STAT. 1431]]

            ``(1) to increase affordable access to broadband networks 
        throughout the Appalachian region;
            ``(2) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian region;
            ``(3) to provide technology assets, including computers, 
        smartboards, and video projectors to educational systems 
        throughout the Appalachian region;
            ``(4) to increase distance learning opportunities throughout 
        the Appalachian region;
            ``(5) to increase the use of telehealth technologies in the 
        Appalachian region; and
            ``(6) to promote e-commerce applications in the Appalachian 
        region.

    ``(b) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section--
            ``(1) not more than 50 percent may be provided from amounts 
        appropriated to carry out this section; and
            ``(2) notwithstanding paragraph (1)--
                    ``(A) in the case of a project to be carried out in 
                a county for which a distressed county designation is in 
                effect under section 14526, not more than 80 percent may 
                be provided from amounts appropriated to carry out this 
                section; and
                    ``(B) in the case of a project to be carried out in 
                a county for which an at-risk designation is in effect 
                under section 14526, not more than 70 percent may be 
                provided from amounts appropriated to carry out this 
                section.

    ``(c) Sources of Assistance.--Subject to subsection (b), a grant 
provided under this section may be provided from amounts made available 
to carry out this section in combination with amounts made available--
            ``(1) under any other Federal program; or
            ``(2) from any other source.

    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that Federal 
share, as the Appalachian Regional Commission determines to be 
appropriate.''.
            (2) Conforming amendment.--The analysis for chapter 145 of 
        title 40, United States Code, <<NOTE: 40 USC prec. 14501.>> is 
        amended by inserting after the item relating to section 14508 
        the following:

``14509. High-speed broadband deployment initiative.''.

    (b) Authorization of Appropriations.--Section 14703 of title 40, 
United States Code, is amended--
            (1) in subsection (a)(5), by striking ``fiscal year 2012'' 
        and inserting ``each of fiscal years 2012 through 2020'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:

    ``(c) High-speed Broadband Deployment Initiative.--Of the amounts 
made available under subsection (a), $10,000,000 may be used to carry 
out section 14509 for each of fiscal years 2016 through 2020.''.
    (c) Termination.--Section 14704 of title 40, United States Code, is 
amended by striking ``2012'' and inserting ``2020''.

[[Page 129 STAT. 1432]]

    (d) <<NOTE: 40 USC 14509 note.>> Effective Date.--This section and 
the amendments made by this section take effect on October 1, 2015.
SEC. 1437. <<NOTE: 23 USC 101 note.>> BORDER STATE INFRASTRUCTURE.

    (a) 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).
    (b) Use of Funds.--Funds designated under this section shall be 
available under the requirements of section 1303 of SAFETEA-LU (23 
U.S.C. 101 note; 119 Stat. 1207).
    (c) Certification.--Before making a designation under subsection 
(a), the Governor shall certify that the designation is consistent with 
transportation planning requirements under title 23, United States Code.
    (d) Notification.--Not later than 30 days after making a designation 
under subsection (a), the Governor shall submit to the relevant 
transportation planning organizations within the border region a written 
notification of any suballocated or distributed amount of funds 
available for obligation by jurisdiction.
    (e) Limitation.--This section applies only to funds apportioned to a 
State after the date of enactment of this Act.
    (f) Deadline for Designation.--A designation under subsection (a) 
shall--
            (1) be submitted to the Secretary not later than 30 days 
        before the first day of the fiscal year for which the 
        designation is being made; and
            (2) remain in effect for the funds designated under 
        subsection (a) for a fiscal year until the Governor of the State 
        notifies the Secretary of the termination of the designation.

    (g) Unobligated Funds After Termination.--Effective 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.

    (a) In General.--On July 1, 2020, of the unobligated balances of 
funds apportioned among the States under chapter 1 of title 23, United 
States Code, a total of $7,569,000,000 is permanently rescinded.
    (b) Exclusions From Rescission.--The rescission under subsection (a) 
shall not apply to funds distributed in accordance with--
            (1) sections 104(b)(3) and 130(f) of title 23, United States 
        Code;
            (2) section 133(d)(1)(A) of such title;
            (3) the first sentence of section 133(d)(3)(A) of such 
        title, as in effect on the day before the date of enactment of 
        MAP-21 (Public Law 112-141);
            (4) sections 133(d)(1) and 163 of such title, as in effect 
        on the day before the date of enactment of SAFETEA-LU (Public 
        Law 109-59); and

[[Page 129 STAT. 1433]]

            (5) section 104(b)(5) of such title, as in effect on the day 
        before the date of enactment of MAP-21 (Public Law 112-141).

    (c) Distribution Among States.--The amount to be rescinded under 
this section from a State shall be determined by multiplying the total 
amount of the rescission in subsection (a) by the ratio that--
            (1) the unobligated balances subject to the rescission as of 
        September 30, 2019, for the State; bears to
            (2) the unobligated balances subject to the rescission as of 
        September 30, 2019, for all States.

    (d) Distribution Within Each State.--The amount to be rescinded 
under this section from each program to which the 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--
            (1) the unobligated balance as of September 30, 2019, for 
        such program in such State; bears to
            (2) the unobligated balances as of September 30, 2019, for 
        all programs to which the rescission applies in such State.
SEC. 1439. <<NOTE: 16 USC 703 note.>> ELIMINATION OF BARRIERS TO 
                          IMPROVE AT-RISK BRIDGES.

    (a) Temporary Authorization.--
            (1) In general.--Until the Secretary of the Interior takes 
        the action described in subsection (b), the take of nesting 
        swallows to facilitate a construction project on a bridge 
        eligible for funding under title 23, United States Code, with 
        any component condition rating of 3 or less (as defined by the 
        National Bridge Inventory General Condition Guidance issued by 
        the Federal Highway Administration) is authorized under the 
        Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between April 
        1 and August 31.
            (2) Measures to minimize impacts.--
                    (A) Notification before taking.--Prior to the taking 
                of nesting swallows authorized under paragraph (1), any 
                person taking that action shall submit to the Secretary 
                of the Interior a document that contains--
                          (i) the name of the person acting under the 
                      authority of paragraph (1) to take nesting 
                      swallows;
                          (ii) a list of practicable measures that will 
                      be undertaken to minimize or mitigate significant 
                      adverse impacts on the population of that species;
                          (iii) the time period during which activities 
                      will be carried out that will result in the taking 
                      of that species; and
                          (iv) an estimate of the number of birds, by 
                      species, to be taken in the proposed action.
                    (B) Notification after taking.--Not later than 60 
                days after the taking of nesting swallows authorized 
                under paragraph (1), any person taking that action shall 
                submit to the Secretary of the Interior a document that 
                contains the number of birds, by species, taken in the 
                action.

    (b) Authorization of Take.--
            (1) In general.--The Secretary of the Interior, in 
        consultation with the Secretary, shall promulgate a regulation 
        under the authority of section 3 of the Migratory Bird Treaty 
        Act

[[Page 129 STAT. 1434]]

        (16 U.S.C. 704) authorizing the take of nesting swallows to 
        facilitate bridge repair, maintenance, or construction--
                    (A) without individual permit requirements; and
                    (B) under terms and conditions determined to be 
                consistent with treaties relating to migratory birds 
                that protect swallow species occurring in the United 
                States.
            (2) Termination.--On the effective date of a final rule 
        under this subsection by the Secretary of the Interior, 
        subsection (a) shall have no force or effect.

    (c) Suspension or Withdrawal of Take Authorization.--If the 
Secretary of the Interior, in consultation with the Secretary, 
determines that taking of nesting swallows carried out under the 
authority provided in subsection (a)(1) is having a significant adverse 
impact on swallow populations, the Secretary of the Interior may suspend 
that authority through publication in the Federal Register.
SEC. 1440. <<NOTE: 23 USC 121 note.>> AT-RISK PROJECT PREAGREEMENT 
                          AUTHORITY.

    (a) Definition of Preliminary Engineering.--In this section, the 
term ``preliminary engineering'' means allowable preconstruction project 
development and engineering costs.
    (b) At-risk Project Preagreement Authority.--A recipient or 
subrecipient of Federal-aid funds under title 23, United States Code, 
may--
            (1) incur preliminary engineering costs for an eligible 
        project under title 23, United States Code, before receiving 
        project authorization from the State, in the case of a 
        subrecipient, and the Secretary to proceed with the project; and
            (2) request reimbursement of applicable Federal funds after 
        the project authorization is received.

    (c) Eligibility.--The Secretary may reimburse preliminary 
engineering costs incurred by a recipient or subrecipient under 
subsection (b)--
            (1) if the costs meet all applicable requirements under 
        title 23, United States Code, at the time the costs are incurred 
        and the Secretary concurs that the requirements have been met;
            (2) in the case of a project located within a designated 
        nonattainment or maintenance area for air quality, if the 
        conformity requirements of the Clean Air Act (42 U.S.C. 7401 et 
        seq.) have been met; and
            (3) if the costs would have been allowable if incurred after 
        the date of the project authorization by the Department.

    (d) At-risk.--A recipient or subrecipient that elects to use the 
authority provided under this section shall--
            (1) assume all risk for preliminary engineering costs 
        incurred prior to project authorization; and
            (2) be responsible for ensuring and demonstrating to the 
        Secretary that all applicable cost eligibility conditions are 
        met after the authorization is received.

    (e) Restrictions.--Nothing in this section--
            (1) allows a recipient or subrecipient to use the authority 
        under this section to advance a project beyond preliminary 
        engineering prior to the completion of the environmental review 
        process;
            (2) waives the applicability of Federal requirements to a 
        project other than the reimbursement of preliminary

[[Page 129 STAT. 1435]]

        engineering costs incurred prior to an authorization to proceed 
        in accordance with this section; or
            (3) guarantees Federal funding of the project or the 
        eligibility of the project for future Federal-aid highway 
        funding.
SEC. 1441. <<NOTE: 23 USC 601 note.>> REGIONAL INFRASTRUCTURE 
                          ACCELERATOR DEMONSTRATION PROGRAM.

    (a) 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.
    (b) Designation of Regional Infrastructure Accelerators.--In 
carrying out the program, the Secretary may designate regional 
infrastructure accelerators that will--
            (1) serve a defined geographic area; and
            (2) act as a resource in the geographic area to qualified 
        entities in accordance with this section.

    (c) Application.--To be eligible for a designation under subsection 
(b), a proposed regional infrastructure accelerator shall submit to the 
Secretary a proposal at such time, in such manner, and containing such 
information as the Secretary may require.
    (d) Criteria.--In evaluating a proposal submitted under subsection 
(c), the Secretary shall consider--
            (1) the need for geographic diversity among regional 
        infrastructure accelerators; and
            (2) the ability of the proposal to promote investment in 
        covered infrastructure projects, which shall include a plan--
                    (A) to evaluate and promote innovative financing 
                methods for local projects, including the use of the 
                TIFIA program under chapter 6 of title 23, United States 
                Code;
                    (B) to build capacity of State, local, and tribal 
                governments to evaluate and structure projects involving 
                the investment of private capital;
                    (C) to provide technical assistance and information 
                on best practices with respect to financing the 
                projects;
                    (D) to increase transparency with respect to 
                infrastructure project analysis and using innovative 
                financing for public infrastructure projects;
                    (E) to deploy predevelopment capital programs 
                designed to facilitate the creation of a pipeline of 
                infrastructure projects available for investment;
                    (F) to bundle smaller-scale and rural projects into 
                larger proposals that may be more attractive for 
                investment; and
                    (G) to reduce transaction costs for public project 
                sponsors.

    (e) Annual Report.--Not less frequently than once each year, the 
Secretary shall submit to Congress a report that describes the findings 
and effectiveness of the program.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program $12,000,000, of which the 
Secretary shall use--
            (1) $11,750,000 for initial grants to regional 
        infrastructure accelerators under subsection (b); and

[[Page 129 STAT. 1436]]

            (2) $250,000 for administrative costs of carrying out the 
        program.
SEC. 1442. <<NOTE: 23 USC 109 note.>> SAFETY FOR USERS.

    (a) In General.--The Secretary shall encourage each State and 
metropolitan planning organization to adopt standards for the design of 
Federal surface transportation projects that provide for the safe and 
adequate accommodation (as determined by the State) of all users of the 
surface transportation network, including motorized and nonmotorized 
users, in all phases of project planning, development, and operation.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall make available to the public a report 
cataloging examples of State law or State transportation policy that 
provide for the safe and adequate accommodation of all users of the 
surface transportation network, in all phases of project planning, 
development, and operation.
    (c) Best Practices.--Based on the report under subsection (b), the 
Secretary shall identify and disseminate examples of best practices 
where States have adopted measures that have 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. <<NOTE: 23 USC 101 note.>> EVERY DAY COUNTS INITIATIVE.

    (a) In General.--It is in the national interest for the Department, 
State departments of transportation, and all other recipients of Federal 
transportation funds--
            (1) to identify, accelerate, and deploy innovation aimed at 
        shortening project delivery, enhancing the safety of the 
        roadways of the United States, and protecting the environment;
            (2) to ensure that the planning, design, engineering, 
        construction, and financing of transportation projects is done 
        in an efficient and effective manner;
            (3) to promote the rapid deployment of proven solutions that 
        provide greater accountability for public investments and 
        encourage greater private sector involvement; and
            (4) to create a culture of innovation within the highway 
        community.

    (b) Every Day Counts Initiative.--To advance the policy described in 
subsection (a), the Administrator of the Federal 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--
            (1) accelerate innovation deployment;

[[Page 129 STAT. 1437]]

            (2) shorten the project delivery process;
            (3) improve environmental sustainability;
            (4) enhance roadway safety; and
            (5) reduce congestion.

    (c) Innovation Deployment.--
            (1) In general.--At least every 2 years, the Administrator 
        shall work collaboratively with stakeholders to identify a new 
        collection of innovations, best practices, and data to be 
        deployed to highway stakeholders through case studies, webinars, 
        and demonstration projects.
            (2) Requirements.--In identifying a collection described in 
        paragraph (1), the Secretary shall take into account market 
        readiness, impacts, benefits, and ease of adoption of the 
        innovation or practice.

    (d) Publication.--Each collection identified under subsection (c) 
shall be published by the Administrator on a publicly available Web 
site.
SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

    Section 5028(a) of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 3907(a)) is amended--
            (1) by striking paragraph (5); and
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (5) and (6), respectively.
SEC. 1446. TECHNICAL CORRECTIONS.

    (a) Title 23.--Title 23, United States Code, is amended as follows:
            (1) Section 119(d)(1)(A) is amended by striking 
        ``mobility,'' and inserting ``congestion reduction, system 
        reliability,''.
            (2) Section 126(b)(1) is amended by striking ``133(d)'' and 
        inserting ``133(d)(1)(A)''.
            (3) Section 127(a)(3) is amended by striking ``118(b)(2) of 
        this title'' and inserting ``118(b)''.
            (4) Section 150(b)(5) is amended by striking ``national 
        freight network'' and inserting ``National Highway Freight 
        Network''.
            (5) Section 150(c)(3)(B) is amended by striking the 
        semicolon at the end and inserting a period.
            (6) Section 150(e)(4) is amended by striking ``National 
        Freight Strategic Plan'' and inserting ``national freight 
        strategic plan''.
            (7) Section 153(h)(2) is amended by striking ``paragraphs 
        (1) through (3)'' and inserting ``paragraphs (1), (2), and 
        (4)''.
            (8) Section 154(c) is amended--
                    (A) in paragraph (1) by striking ``paragraphs (1), 
                (3), and (4)'' and inserting ``paragraphs (1), (2), and 
                (4)'';
                    (B) in paragraph (3)(A) by striking ``transferred'' 
                and inserting ``reserved''; and
                    (C) in paragraph (5)--
                          (i) in the matter preceding subparagraph (A) 
                      by inserting ``or released'' after 
                      ``transferred''; and
                          (ii) in subparagraph (A) by striking ``under 
                      section 104(b)(l)'' and inserting ``under section 
                      104(b)(1)''.
            (9) Section 163(f)(2) is amended by striking ``118(b)(2)'' 
        and inserting ``118(b)''.
            (10) Section 164(b) is amended--

[[Page 129 STAT. 1438]]

                    (A) in paragraph (3)(A) by striking ``transferred'' 
                and inserting ``reserved''; and
                    (B) in paragraph (5) by inserting ``or released'' 
                after ``transferred''.
            (11) Section 165(c)(7) is amended by striking ``paragraphs 
        (2), (4), (7), (8), (14), and (19) of section 133(b)'' and 
        inserting ``paragraphs (1) through (4) of section 133(c) and 
        section 133(b)(12)''.
            (12) Section 202(b)(3) is amended--
                    (A) in subparagraph (A)(i), in the matter preceding 
                subclause (I), by inserting ``(a)(6),'' after 
                ``subsections''; and
                    (B) in subparagraph (C)(ii)(IV), by striking 
                ``(III).]'' and inserting ``(III).''.
            (13) Section 217(a) is amended by striking ``104(b)(3)'' and 
        inserting ``104(b)(4)''.
            (14) Section 515 is amended by striking ``this chapter'' 
        each place it appears and inserting ``sections 512 through 
        518''.

    (b) Title 49.--Section 6302(b)(3)(B)(vi)(III) of title 49, United 
States Code, is amended by striking ``6310'' and inserting ``6309''.
    (c) SAFETEA-LU.--Section 4407 of SAFETEA-LU (Public Law 109-59; 119 
Stat. 1777) is amended by striking ``hereby enacted into law'' and 
inserting ``granted''.
    (d) <<NOTE: 23 USC 104 note.>> MAP-21.--Effective as of July 6, 
2012, and as if included therein as enacted, MAP-21 (Public Law 112-141) 
is amended as follows:
            (1) Section 1109(a)(2) (126 Stat. 444) <<NOTE: 23 USC 
        140.>> is amended by striking ``fourth'' and inserting 
        ``fifth''.
            (2) Section 1203 (126 Stat. 524) <<NOTE: 23 USC 150.>> is 
        amended--
                    (A) in subsection (a) by striking ``Section 150 of 
                title 23, United States Code, is amended to read as 
                follows'' and inserting ``Title 23, United States Code, 
                is amended by inserting after section 149 the 
                following''; and
                    (B) <<NOTE: 23 USC prec. 101.>> in subsection (b) by 
                striking ``by striking the item relating to section 150 
                and inserting'' and inserting ``by inserting after the 
                item relating to section 149''.
            (3) Section 1313(a)(1) (126 Stat. 545) <<NOTE: 23 USC 
        327.>> is amended to read as follows:
            ``(1) <<NOTE: 49 USC prec. 101.>> in the section heading by 
        striking `pilot'; and''.
            (4) Section 1314(b) (126 Stat. 549) <<NOTE: 23 USC 104.>> is 
        amended--
                    (A) by inserting ``chapter 3 of'' after ``analysis 
                for''; and
                    (B) by inserting a period at the end of the matter 
                proposed to be inserted.
            (5) Section 1519(c) (126 Stat. 575) is amended--
                    (A) <<NOTE: 23 USC 104.>> by striking paragraph (3);
                    (B) <<NOTE: 23 USC 109, 118, 130, 131, 133, 142, 
                145, 218, 610.>>  by redesignating paragraphs (4) 
                through (12) as paragraphs (3) through (11), 
                respectively;
                    (C) <<NOTE: 23 USC 133.>> in paragraph (7), as 
                redesignated by subparagraph (B)--
                          (i) by striking the period at the end of the 
                      matter proposed to be struck; and
                          (ii) by adding a period at the end; and
                    (D) <<NOTE: 23 USC 142.>> in paragraph (8)(A)(i)(I), 
                as redesignated by subparagraph (B), by striking ``than 
                rail'' in the matter proposed to be struck and inserting 
                ``than on rail''.

    (e) Transportation Research and Innovative Technology Act of 2012.--
Section 51001(a)(1) of the Transportation Research

[[Page 129 STAT. 1439]]

and Innovative Technology Act of 2012 (126 Stat. 864) is amended by 
striking ``sections 503(b), 503(d), and 509'' and inserting ``section 
503(b)''.

                  TITLE II--INNOVATIVE PROJECT FINANCE

SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION 
                          ACT OF 1998 AMENDMENTS.

    (a) Definitions.--Section 601(a) of title 23, United States Code, is 
amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``In this chapter, the'' and 
                inserting ``The''; and
                    (B) by inserting ``to sections 601 through 609'' 
                after ``apply'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B) by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) capitalizing a rural projects fund.'';
            (3) in paragraph (3) by striking ``this chapter'' and 
        inserting ``the TIFIA program'';
            (4) in paragraph (10)--
                    (A) by striking ``(10) Master credit agreement.--'' 
                and all that follows before subparagraph (A) and 
                inserting the following:
            ``(10) Master credit agreement.--The term `master credit 
        agreement' means a conditional agreement to extend credit 
        assistance for a program of related projects secured by a common 
        security pledge covered under section 602(b)(2)(A) or for a 
        single project covered under section 602(b)(2)(B) that does not 
        provide for a current obligation of Federal funds, and that 
        would--'';
                    (B) in subparagraph (A) by striking ``subject to the 
                availability of future funds being made available to 
                carry out this chapter;'' and inserting ``subject to--
                          ``(i) the availability of future funds being 
                      made available to carry out the TIFIA program; and
                          ``(ii) the satisfaction of all of the 
                      conditions for the provision of credit assistance 
                      under the TIFIA program, including section 
                      603(b)(1);''; and
                    (C) in subparagraph (D)--
                          (i) by redesignating clauses (ii) and (iii) as 
                      clauses (iii) and (iv), respectively;
                          (ii) by inserting after clause (i) the 
                      following:
                          ``(ii) receiving an investment grade rating 
                      from a rating agency;'';
                          (iii) in clause (iii) (as so redesignated) by 
                      striking ``in section 602(c)'' and inserting 
                      ``under the TIFIA program, including sections 
                      602(c) and 603(b)(1)''; and
                          (iv) in clause (iv) (as so redesignated) by 
                      striking ``this chapter'' and inserting ``the 
                      TIFIA program'';
            (5) in paragraph (12)--
                    (A) in subparagraph (C) by striking ``and'' at the 
                end;

[[Page 129 STAT. 1440]]

                    (B) in subparagraph (D)(iv) by striking the period 
                at the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(E) a project to improve or construct public 
                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.'';
            (6) in paragraph (15) by striking ``means'' and all that 
        follows through the period at the end and inserting ``means a 
        surface transportation infrastructure project located in an area 
        that is outside of an urbanized area with a population greater 
        than 150,000 individuals, as determined by the Bureau of the 
        Census.'';
            (7) by redesignating paragraphs (16), (17), (18), (19), and 
        (20) as paragraphs (17), (18), (20), (21), and (22), 
        respectively;
            (8) by inserting after paragraph (15) the following:
            ``(16) Rural projects fund.--The term `rural projects fund' 
        means a fund--
                    ``(A) established by a State infrastructure bank in 
                accordance with section 610(d)(4);
                    ``(B) capitalized with the proceeds of a secured 
                loan made to the bank in accordance with sections 602 
                and 603; and
                    ``(C) for the purpose of making loans to sponsors of 
                rural infrastructure projects in accordance with section 
                610.'';
            (9) by inserting after paragraph (18) (as so redesignated) 
        the following:
            ``(19) State infrastructure bank.--The term `State 
        infrastructure bank' means an infrastructure bank established 
        under section 610.''; and
            (10) in paragraph (22) (as so redesignated), by inserting 
        ``established under sections 602 through 609'' after 
        ``Department''.

    (b) Determination of Eligibility and Project Selection.--Section 602 
of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) in the matter preceding 
                subparagraph (A), by striking ``this chapter'' and 
                inserting ``the TIFIA program'';
                    (B) in paragraph (2)(A) by striking ``this chapter'' 
                and inserting ``the TIFIA program'';
                    (C) in paragraph (3) by striking ``this chapter'' 
                and inserting ``the TIFIA program'';
                    (D) in paragraph (5)--
                          (i) by striking the paragraph heading and 
                      inserting ``Eligible project cost parameters.--'';
                          (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``subparagraph (B), to 
                                be eligible for assistance under this 
                                chapter, a project'' and inserting 
                                ``subparagraph (B), a project under the 
                                TIFIA program'';

[[Page 129 STAT. 1441]]

                                    (II) by striking clause (i) and 
                                inserting the following:
                          ``(i) $50,000,000; and''; and
                                    (III) in clause (ii) by striking 
                                ``assistance''; and
                          (iii) in subparagraph (B)--
                                    (I) by striking the subparagraph 
                                designation and heading and all that 
                                follows through ``In the case'' and 
                                inserting the following:
                    ``(B) Exceptions.--
                          ``(i) Intelligent transportation systems.--In 
                      the case''; and
                                    (II) by adding at the end the 
                                following:
                          ``(ii) Transit-oriented development 
                      projects.--In the case of a project described in 
                      section 601(a)(12)(E), eligible project costs 
                      shall be reasonably anticipated to equal or exceed 
                      $10,000,000.
                          ``(iii) Rural projects.--In the case of a 
                      rural 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.'';
                    (E) in paragraph (9), in the matter preceding 
                subparagraph (A), by striking ``this chapter'' and 
                inserting ``the TIFIA program''; and
                    (F) in paragraph (10)--
                          (i) by striking ``To be eligible'' and 
                      inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), to be eligible'';
                          (ii) by striking ``this chapter'' each place 
                      it appears and inserting ``the TIFIA program'';
                          (iii) by striking ``not later than'' and 
                      inserting ``no later than''; and
                          (iv) by adding at the end the following:
                    ``(B) Rural projects fund.--In the case of a project 
                capitalizing a rural projects fund, the State 
                infrastructure bank shall demonstrate, not later than 2 
                years after the date on which a secured loan is 
                obligated for the project under the TIFIA program, that 
                the bank has executed a loan agreement with a borrower 
                for a rural infrastructure project in accordance with 
                section 610. After the 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

[[Page 129 STAT. 1442]]

                extend the term of the loan or withdraw the loan 
                commitment.'';
            (2) in subsection (b) by striking paragraph (2) and 
        inserting the following:
            ``(2) Master credit agreements.--
                    ``(A) Program of related projects.--The Secretary 
                may enter into a master credit 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.'';
            (3) in subsection (c)(1), in the matter preceding 
        subparagraph (A), by striking ``this chapter'' and inserting 
        ``the TIFIA program''; and
            (4) in subsection (e) by striking ``this chapter'' and 
        inserting ``the TIFIA program''.

    (c) Secured Loan Terms and Limitations.--Section 603 of title 23, 
United States Code, is amended--
            (1) in subsection (a) by striking paragraph (2) and 
        inserting the following:
            ``(2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B)--
                    ``(A) if the maturity of such interim construction 
                financing is later than 1 year after the substantial 
                completion of the project; and
                    ``(B) later than 1 year after the date of 
                substantial completion of the project.'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                          (i) by striking ``The amount of'' and 
                      inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of''; and
                          (ii) by adding at the end the following:
                    ``(B) Rural projects fund.--In the case of a project 
                capitalizing a rural projects fund, the maximum amount 
                of a secured loan made to a State infrastructure bank 
                shall be determined in accordance with section 
                602(a)(5)(B)(iii).'';
                    (B) in paragraph (3)(A)(i)--
                          (i) in subclause (III) by striking ``or'' at 
                      the end;
                          (ii) in subclause (IV) by striking ``and'' at 
                      the end and inserting ``or''; and
                          (iii) by adding at the end the following:
                                    ``(V) in the case of a secured loan 
                                for a project capitalizing a rural 
                                projects fund, any other dedicated 
                                revenue sources available to a State 
                                infrastructure bank, including 
                                repayments from loans made by the bank 
                                for rural infrastructure projects; 
                                and'';

[[Page 129 STAT. 1443]]

                    (C) in paragraph (4)(B)--
                          (i) in clause (i) by striking ``under this 
                      chapter'' and inserting ``or a rural projects fund 
                      under the TIFIA program''; and
                          (ii) in clause (ii) by inserting ``and rural 
                      project funds'' after ``rural infrastructure 
                      projects'';
                    (D) in paragraph (5)--
                          (i) by redesignating subparagraphs (A) and (B) 
                      as clauses (i) and (ii), respectively, and 
                      indenting appropriately;
                          (ii) in the matter preceding clause (i) (as so 
                      redesignated) by striking ``The final'' and 
                      inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the final''; and
                          (iii) by adding at the end the following:
                    ``(B) Rural projects fund.--In the case of a project 
                capitalizing a rural projects fund, the final maturity 
                date of the secured loan shall not exceed 35 years after 
                the date on which the secured loan is obligated.'';
                    (E) in paragraph (8) by striking ``this chapter'' 
                and inserting ``the TIFIA program''; and
                    (F) in paragraph (9)--
                          (i) by striking ``The total Federal assistance 
                      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
                          (ii) by adding at the end the following:
                    ``(B) Rural projects fund.--A project capitalizing a 
                rural projects fund shall satisfy subparagraph (A) 
                through compliance with the Federal share requirement 
                described in section 610(e)(3)(B).''; and
            (3) by adding at the end the following:

    ``(f) Streamlined Application Process.--
            ``(1) In general.--Not later than 180 days after the date of 
        enactment of the FAST Act, the Secretary shall make 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.''.

    (d) Program Administration.--Section 605 of title 23, United States 
Code, is amended--

[[Page 129 STAT. 1444]]

            (1) by striking ``this chapter'' each place it appears and 
        inserting ``the TIFIA program''; and
            (2) by adding at the end the following:

    ``(f) Assistance to Small Projects.--
            ``(1) Reservation of funds.--Of the funds made available to 
        carry out the TIFIA program for each fiscal year, and after the 
        set aside under section 608(a)(5), not less than $2,000,000 
        shall be made available for the Secretary to use in lieu of fees 
        collected under subsection (b) for projects under the TIFIA 
        program having eligible project costs that are reasonably 
        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.''.

    (e) State and Local Permits.--Section 606 of title 23, United States 
Code, is amended in the matter preceding paragraph (1) by striking 
``this chapter'' and inserting ``the TIFIA program''.
    (f) Regulations.--Section 607 of title 23, United States Code, is 
amended by striking ``this chapter'' and inserting ``the TIFIA 
program''.
    (g) Funding.--Section 608 of title 23, United States Code, is 
amended--
            (1) by striking ``this chapter'' each place it appears and 
        inserting ``the TIFIA program''; and
            (2) in subsection (a)--
                    (A) in paragraph (2) by inserting ``of'' after 
                ``504(f)'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (A), by inserting ``or 
                      rural projects funds'' after ``rural 
                      infrastructure projects''; and
                          (ii) in subparagraph (B), by inserting ``or 
                      rural projects funds'' after ``rural 
                      infrastructure projects'';
                    (C) by striking paragraphs (4) and (6) and 
                redesignating paragraph (5) as paragraph (4); and
                    (D) 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.''.

    (h) Reports to Congress.--Section 609 of title 23, United States 
Code, is amended by striking ``this chapter (other than section 610)'' 
each place it appears and inserting ``the TIFIA program''.
    (i) State Infrastructure Bank Program.--Section 610 of title 23, 
United States Code, is amended--
            (1) in subsection (a) by adding at the end the following:
            ``(11) Rural infrastructure project.--The term `rural 
        infrastructure project' has the meaning given the term in 
        section 601.
            ``(12) Rural projects fund.--The term `rural projects fund' 
        has the meaning given the term in section 601.'';
            (2) in subsection (d)--
                    (A) in paragraph (1)(A) by striking ``each of fiscal 
                years'' and all that follows through the end of 
                subparagraph (A)

[[Page 129 STAT. 1445]]

                and inserting ``each of fiscal years 2016 through 2020 
                under each of paragraphs (1), (2), and (5) of section 
                104(b); and'';
                    (B) in paragraph (2) by striking ``fiscal years 2005 
                through 2009'' and inserting ``fiscal years 2016 through 
                2020'';
                    (C) in paragraph (3) by striking ``fiscal years 2005 
                through 2009'' and inserting ``fiscal years 2016 through 
                2020'';
                    (D) by redesignating paragraphs (4) through (6) as 
                paragraphs (5) through (7), respectively;
                    (E) by inserting after paragraph (3) the following:
            ``(4) Rural projects fund.--Subject to subsection (j), the 
        Secretary may permit a State entering into a cooperative 
        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
                    (F) in paragraph (6) (as so redesignated) by 
                striking ``section 133(d)(3)'' and inserting ``section 
                133(d)(1)(A)(i)'';
            (3) by striking subsection (e) and inserting the following:

    ``(e) Forms of Assistance From State Infrastructure Banks.--
            ``(1) In general.--A State infrastructure bank established 
        under this section may--
                    ``(A) with funds deposited into the highway account, 
                transit account, or rail account of the bank, make loans 
                or provide other forms of credit assistance to a public 
                or private entity to carry out a project eligible for 
                assistance under this section; and
                    ``(B) with funds deposited into the rural projects 
                fund, make loans to a public or private entity to carry 
                out a rural infrastructure project.
            ``(2) Subordination of loan.--The amount of a loan or other 
        form of credit assistance provided for a project described in 
        paragraph (1) may be subordinated to any other debt financing 
        for the project.
            ``(3) Maximum amount of assistance.--A State 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.'';
            (4) in subsection (g)--
                    (A) in paragraph (1) by striking ``each account'' 
                and inserting ``the highway account, the transit 
                account, and the rail account''; and

[[Page 129 STAT. 1446]]

                    (B) in paragraph (4) by inserting ``, except that 
                any loan funded from the rural projects fund of the bank 
                shall bear interest at or below the interest rate 
                charged for the TIFIA loan provided to the bank under 
                section 603'' after ``feasible''; and
            (5) in subsection (k) by striking ``fiscal years 2005 
        through 2009'' and inserting ``fiscal years 2016 through 2020''.
SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL.

    (a) Payment to States for Construction.--Section 121(a) of title 23, 
United States Code, is amended by inserting ``(including payments made 
pursuant to a long-term concession agreement, such as availability 
payments)'' after ``a project''.
    (b) Project Approval and Oversight.--Section 106(b)(1) of title 23, 
United States Code, is amended by inserting ``(including payments made 
pursuant to a long-term concession agreement, such as availability 
payments)'' after ``construction of the project''.

TITLE III-- <<NOTE: Federal Public Transportation Act of 2015.>> PUBLIC 
TRANSPORTATION
SEC. 3001. <<NOTE: 49 USC 5101 note.>> SHORT TITLE.

    This title may be cited as the ``Federal Public Transportation Act 
of 2015''.
SEC. 3002. DEFINITIONS.

    Section 5302 of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C) by inserting ``functional'' 
                before ``landscaping and''; and
                    (B) in subparagraph (E) by striking ``bicycle 
                storage facilities and installing equipment'' and 
                inserting ``bicycle storage shelters and parking 
                facilities and the installation of equipment'';
            (2) in paragraph (3)--
                    (A) by striking subparagraph (F) and inserting the 
                following:
                    ``(F) leasing equipment or a facility for use in 
                public transportation;'';
                    (B) in subparagraph (G)--
                          (i) in clause (iv) by adding ``and'' at the 
                      end;
                          (ii) in clause (v) by striking ``and'' at the 
                      end; and
                          (iii) by striking clause (vi);
                    (C) by striking subparagraph (I) and inserting the 
                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

[[Page 129 STAT. 1447]]

                      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.'';
                    (D) in subparagraph (K) by striking ``or'' at the 
                end;
                    (E) in subparagraph (L) by striking the period at 
                the end and inserting a semicolon; and
                    (F) by adding at the end the following:
                    ``(M) associated transit improvements; or
                    ``(N) technological changes or innovations to modify 
                low or no emission vehicles (as defined in section 
                5339(c)) or facilities.''; and
            (3) by adding at the end the following:
            ``(24) Value capture.--The term `value capture' means 
        recovering the increased property value to property located near 
        public transportation resulting from investments in public 
        transportation.''.
SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.

    (a) In General.--Section 5303 of title 49, United States Code, is 
amended--
            (1) in subsection (a)(1) by inserting ``resilient'' after 
        ``development of'';
            (2) in subsection (c)(2) by striking ``and bicycle 
        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'';
            (3) in subsection (d)--
                    (A) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) Representation.--
                    ``(A) In general.--Designation or selection of 
                officials or representatives under paragraph (2) shall 
                be determined by the metropolitan planning organization 
                according to the bylaws or enabling statute of the 
                organization.
                    ``(B) Public transportation representative.--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

[[Page 129 STAT. 1448]]

                commensurate with other officials described in paragraph 
                (2).''; and
                    (C) in paragraph (5), as so redesignated, by 
                striking ``paragraph (5)'' and inserting ``paragraph 
                (6)'';
            (4) in subsection (e)(4)(B) by striking ``subsection 
        (d)(5)'' and inserting ``subsection (d)(6)'';
            (5) in subsection (g)(3)(A) by inserting ``tourism, natural 
        disaster risk reduction,'' after ``economic development,'';
            (6) in subsection (h)(1)--
                    (A) in subparagraph (G) by striking ``and'' at the 
                end;
                    (B) in subparagraph (H) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(I) improve the resiliency and reliability of the 
                transportation system.'';
            (7) in subsection (i)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A)(i) by striking 
                      ``transit'' and inserting ``public transportation 
                      facilities, intercity bus facilities'';
                          (ii) in subparagraph (G)--
                                    (I) by striking ``and provide'' and 
                                inserting ``, provide''; and
                                    (II) by inserting before the period 
                                at the end the following: ``, and reduce 
                                the vulnerability of the existing 
                                transportation infrastructure to natural 
                                disasters''; and
                          (iii) 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'';
                    (B) in paragraph (6)(A)--
                          (i) by inserting ``public ports,'' before 
                      ``freight shippers,''; and
                          (ii) by inserting ``(including intercity bus 
                      operators, employer-based commuting programs, such 
                      as a carpool program, vanpool program, transit 
                      benefit program, parking cash-out program, shuttle 
                      program, or telework program)'' after ``private 
                      providers of transportation''; and
                    (C) in paragraph (8) by striking ``paragraph 
                (2)(C)'' each place it appears and inserting ``paragraph 
                (2)(E)'';
            (8) in subsection (k)(3)--
                    (A) in subparagraph (A) by inserting ``(including 
                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
                    (B) 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

[[Page 129 STAT. 1449]]

                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.'';
            (9) in subsection (l)--
                    (A) by adding a period at the end of paragraph (1); 
                and
                    (B) in paragraph (2)(D) by striking ``of less than 
                200,000'' and inserting ``with a population of 200,000 
                or less'';
            (10) in subsection (p) by striking ``Funds set aside under 
        section 104(f)'' and inserting ``Funds apportioned under section 
        104(b)(5)''; and
            (11) by adding at the end the following:

    ``(r) Bi-State Metropolitan Planning Organization.--
            ``(1) Definition of bi-state mpo region.--In this 
        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.''.

    (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
5304 of title 49, United States Code, is amended--
            (1) in subsection (a)(2) by striking ``and bicycle 
        transportation facilities'' and inserting ``, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation, including intercity buses and 
        intercity bus facilities and commuter vanpool providers'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (G) by striking ``and'' at 
                      the end;

[[Page 129 STAT. 1450]]

                          (ii) in subparagraph (H) by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(I) improve the resiliency and reliability of the 
                transportation system.''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (B)(ii) by striking 
                      ``urbanized''; and
                          (ii) in subparagraph (C) by striking 
                      ``urbanized''; and
            (3) in subsection (f)(3)(A)(ii)--
                    (A) by inserting ``public ports,'' before ``freight 
                shippers,''; and
                    (B) by inserting ``(including intercity bus 
                operators, employer-based commuting programs, such as a 
                carpool program, vanpool program, transit benefit 
                program, parking cash-out program, shuttle program, or 
                telework program)'' after ``private providers of 
                transportation''.
SEC. 3004. URBANIZED AREA FORMULA GRANTS.

    Section 5307 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2) by inserting ``or demand 
                response service, excluding ADA complementary 
                paratransit service,'' before ``during'' each place it 
                appears; and
                    (B) by adding at the end the following:
            ``(3) Exception to the special rule.--Notwithstanding 
        paragraph (2), if a public transportation system described in 
        such paragraph executes a written agreement with 1 or more other 
        public transportation systems within the urbanized area to 
        allocate funds for the purposes described in the paragraph by a 
        method other than by measuring vehicle revenue hours, each 
        public transportation system that is a party to the written 
        agreement may follow the terms of the written agreement without 
        regard to measured vehicle revenue hours referred to in the 
        paragraph.''; and
            (2) in subsection (c)(1)--
                    (A) in subparagraph (C), by inserting ``in 
                accordance with the recipient's transit asset management 
                plan'' after ``equipment and facilities''; and
                    (B) in subparagraph (K), by striking ``Census--'' 
                and all that follows through clause (ii) and inserting 
                the 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.

    (a) In General.--Section 5309 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``and weekend 
                days'';
                    (B) in paragraph (6)--
                          (i) in subparagraph (A) by inserting ``, small 
                      start projects,'' after ``new fixed guideway 
                      capital projects''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:

[[Page 129 STAT. 1451]]

                    ``(B) 2 or more projects that are any combination of 
                new fixed guideway capital projects, small start 
                projects, and core capacity improvement projects.''; and
                    (C) in paragraph (7)--
                          (i) in subparagraph (A), by striking 
                      ``$75,000,000'' and inserting ``$100,000,000''; 
                      and
                          (ii) in subparagraph (B), by striking 
                      ``$250,000,000'' and inserting ``$300,000,000'';
            (2) in subsection (d)--
                    (A) in paragraph (1)(B) by striking ``, policies and 
                land use patterns that promote public transportation,''; 
                and
                    (B) in paragraph (2)(A)--
                          (i) in clause (iii) by adding ``and'' after 
                      the semicolon;
                          (ii) by striking clause (iv); and
                          (iii) by redesignating clause (v) as clause 
                      (iv);
            (3) in subsection (g)(2)(A)(i) by striking ``the policies 
        and land use patterns that support public transportation,'';
            (4) in subsection (h)(6)--
                    (A) by striking ``In carrying out'' and inserting 
                the following:
                    ``(A) In general.--In carrying out''; and
                    (B) by adding at the end the following:
                    ``(B) Optional early rating.--At the request of the 
                project sponsor, the Secretary shall evaluate and rate 
                the project in accordance with paragraphs (4) and (5) 
                and subparagraph (A) of this paragraph upon completion 
                of the analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).'';
            (5) in subsection (i)--
                    (A) in paragraph (1) by striking ``subsection (d) or 
                (e)'' and inserting ``subsection (d), (e), or (h)'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A) 
                      by inserting ``new fixed guideway capital project 
                      or core capacity improvement'' after ``federally 
                      funded'';
                          (ii) by striking subparagraph (D) and 
                      inserting the following:
                    ``(D) the program of interrelated projects, when 
                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
                          (iii) in subparagraph (F), by inserting ``or 
                      subsection (h)(5), as applicable'' after 
                      ``subsection (f)''; and
                    (C) by striking paragraph (3)(A) and inserting the 
                following:

[[Page 129 STAT. 1452]]

                    ``(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.'';
            (6) in subsection (l)--
                    (A) 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
                    (B) 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.'';
            (7) by striking subsection (n) and inserting the following:

    ``(n) Availability of Amounts.--

[[Page 129 STAT. 1453]]

            ``(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
            (8) by adding at the end the following:

    ``(p) Special Rule.--For the purposes of calculating the cost 
effectiveness of a project described in subsection (d) or (e), the 
Secretary shall not reduce or eliminate the capital costs of art and 
non-functional landscaping elements from the annualized 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

[[Page 129 STAT. 1454]]

                from an undistributed cash surplus, a replacement or 
                depreciation cash fund or reserve, or new capital.''.

    (b) <<NOTE: 49 USC 5309 note.>> Expedited Project Delivery for 
Capital Investment Grants Pilot Program.--
            (1) Definitions.--In this subsection, the following 
        definitions shall apply:
                    (A) Applicant.--The term ``applicant'' means a State 
                or local governmental authority that applies for a grant 
                under this subsection.
                    (B) Capital project; fixed guideway; local 
                governmental authority; public transportation; state; 
                state of good 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.
                    (C) Core capacity improvement project.--The term 
                ``core capacity improvement project''--
                          (i) means a substantial corridor-based capital 
                      investment in an existing fixed guideway system 
                      that increases the capacity of a corridor by not 
                      less than 10 percent; and
                          (ii) may include project elements designed to 
                      aid the existing fixed guideway system in making 
                      substantial progress towards achieving a state of 
                      good repair.
                    (D) Corridor-based bus rapid transit project.--The 
                term ``corridor-based bus rapid transit project'' means 
                a small start project utilizing buses in which the 
                project represents a substantial investment in a defined 
                corridor as demonstrated by features that emulate the 
                services provided by rail fixed guideway public 
                transportation systems--
                          (i) including--
                                    (I) defined stations;
                                    (II) traffic signal priority for 
                                public transportation vehicles;
                                    (III) short headway bidirectional 
                                services for a substantial part of 
                                weekdays; and
                                    (IV) any other features the 
                                Secretary may determine support a long-
                                term corridor investment; and
                          (ii) the majority of which does not operate in 
                      a separated right-of-way dedicated for public 
                      transportation use during peak periods.
                    (E) Eligible project.--The term ``eligible project'' 
                means a new fixed guideway capital project, a small 
                start project, or a core capacity improvement project 
                that has not entered into a full funding grant agreement 
                with the Federal Transit Administration before the date 
                of enactment of this Act.
                    (F) Fixed guideway bus rapid transit project.--The 
                term ``fixed guideway bus rapid transit project'' means 
                a bus capital project--
                          (i) in which the majority of the project 
                      operates in a separated right-of-way dedicated for 
                      public transportation use during peak periods;

[[Page 129 STAT. 1455]]

                          (ii) that represents a substantial investment 
                      in a single route in a defined corridor or 
                      subarea; and
                          (iii) that includes features that emulate the 
                      services provided by rail fixed guideway public 
                      transportation systems, including--
                                    (I) defined stations;
                                    (II) traffic signal priority for 
                                public transportation vehicles;
                                    (III) short headway bidirectional 
                                services for a substantial part of 
                                weekdays and weekend days; and
                                    (IV) any other features the 
                                Secretary may determine are necessary to 
                                produce high-quality public 
                                transportation services that emulate the 
                                services provided by rail fixed guideway 
                                public transportation systems.
                    (G) New fixed guideway capital project.--The term 
                ``new fixed guideway capital project'' means--
                          (i) a fixed guideway capital project that is a 
                      minimum operable segment or extension to an 
                      existing fixed guideway system; or
                          (ii) a fixed guideway bus rapid transit 
                      project that is a minimum operable segment or an 
                      extension to an existing bus rapid transit system.
                    (H) Recipient.--The term ``recipient'' means a 
                recipient of funding under chapter 53 of title 49, 
                United States Code.
                    (I) Small start project.--The term ``small start 
                project'' means a new fixed guideway capital project, a 
                fixed guideway bus rapid transit project, or a corridor-
                based bus rapid transit project for which--
                          (i) the Federal assistance provided or to be 
                      provided under this subsection is less than 
                      $75,000,000; and
                          (ii) the total estimated net capital cost is 
                      less than $300,000,000.
            (2) General authority.--The Secretary may make grants under 
        this subsection to States and local governmental authorities to 
        assist in financing--
                    (A) new fixed guideway capital projects or small 
                start projects, including the acquisition of real 
                property, the initial acquisition of rolling stock for 
                the system, the acquisition of rights-of-way, and 
                relocation, for projects in the advanced stages of 
                planning and design; and
                    (B) core capacity improvement projects, including 
                the acquisition of real property, the acquisition of 
                rights-of-way, double tracking, signalization 
                improvements, 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.
            (3) Grant requirements.--

[[Page 129 STAT. 1456]]

                    (A) In general.--The Secretary may make not more 
                than 8 grants under this subsection for eligible 
                projects if the Secretary determines that--
                          (i) the eligible project is part of an 
                      approved transportation plan required under 
                      sections 5303 and 5304 of title 49, United States 
                      Code;
                          (ii) the applicant has, or will have--
                                    (I) the legal, financial, and 
                                technical capacity to carry out the 
                                eligible project, including the safety 
                                and security aspects of the eligible 
                                project;
                                    (II) satisfactory continuing control 
                                over the use of the equipment or 
                                facilities;
                                    (III) the technical and financial 
                                capacity to maintain new and existing 
                                equipment and facilities; and
                                    (IV) advisors providing guidance to 
                                the applicant on the terms and structure 
                                of the project that are independent from 
                                investors in the project;
                          (iii) the eligible project is supported, or 
                      will be supported, in part, through a public-
                      private partnership, provided such support is 
                      determined by local policies, criteria, and 
                      decisionmaking under section 5306(a) of title 49, 
                      United States Code;
                          (iv) the eligible project is justified based 
                      on findings presented by the project sponsor to 
                      the Secretary, including--
                                    (I) mobility improvements 
                                attributable to the project;
                                    (II) environmental benefits 
                                associated with the project;
                                    (III) congestion relief associated 
                                with the project;
                                    (IV) economic development effects 
                                derived as a result of the project; and
                                    (V) estimated ridership projections;
                          (v) the eligible project is supported by an 
                      acceptable degree of local financial commitment 
                      (including evidence of stable and dependable 
                      financing sources); and
                          (vi) 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.
                    (B) Certification.--An applicant that has submitted 
                the certifications required under subparagraphs (A), 
                (B), (C), and (H) of section 5307(c)(1) of title 49, 
                United States Code, shall be deemed to have provided 
                sufficient information upon which the Secretary may make 
                the determinations required under this paragraph.
                    (C) Technical capacity.--The Secretary shall use an 
                expedited technical capacity review process for 
                applicants that have recently and successfully completed 
                not less than 1 new fixed guideway capital project, 
                small start project, or core capacity improvement 
                project, if--

[[Page 129 STAT. 1457]]

                          (i) the applicant achieved budget, cost, and 
                      ridership outcomes for the project that are 
                      consistent with or better than projections; and
                          (ii) the applicant demonstrates that the 
                      applicant continues to have the staff expertise 
                      and other resources necessary to implement a new 
                      project.
                    (D) Financial commitment.--
                          (i) Requirements.--In determining whether an 
                      eligible project is supported by an acceptable 
                      degree of local financial commitment and shows 
                      evidence of stable and dependable financing 
                      sources for purposes of subparagraph (A)(v), the 
                      Secretary shall require that--
                                    (I) each proposed source of capital 
                                and operating financing is stable, 
                                reliable, and available within the 
                                proposed eligible project timetable; and
                                    (II) resources are available to 
                                recapitalize, maintain, and operate the 
                                overall existing and proposed public 
                                transportation system, including 
                                essential feeder bus and other services 
                                necessary, without degradation to the 
                                existing level of public transportation 
                                services.
                          (ii) Considerations.--In assessing the 
                      stability, reliability, and availability of 
                      proposed sources of financing under clause (i), 
                      the Secretary shall consider--
                                    (I) the reliability of the 
                                forecasting methods used to estimate 
                                costs and revenues made by the applicant 
                                and the contractors to the applicant;
                                    (II) existing grant commitments;
                                    (III) the degree to which financing 
                                sources are dedicated to the proposed 
                                eligible project;
                                    (IV) any debt obligation that exists 
                                or is proposed by the applicant, for the 
                                proposed eligible project or other 
                                public transportation purpose; and
                                    (V) private contributions to the 
                                eligible project, including cost-
                                effective project delivery, management 
                                or transfer of project risks, expedited 
                                project schedule, financial partnering, 
                                and other public-private partnership 
                                strategies.
                    (E) Labor standards.--The requirements under section 
                5333 of title 49, United States Code, shall apply to 
                each recipient of a grant under this subsection.
            (4) Project advancement.--An applicant that desires a grant 
        under this subsection and meets the requirements of paragraph 
        (3) shall submit to the Secretary, and the Secretary shall 
        approve for advancement, a grant request that contains--
                    (A) identification of an eligible project;
                    (B) a schedule and finance plan for the construction 
                and operation of the eligible project;
                    (C) an analysis of the efficiencies of the proposed 
                eligible project development and delivery methods and 
                innovative financing arrangement for the eligible 
                project, including any documents related to the--
                          (i) public-private partnership required under 
                      paragraph (3)(A)(iii); and

[[Page 129 STAT. 1458]]

                          (ii) project justification required under 
                      paragraph (3)(A)(iv); and
                    (D) a certification that the existing public 
                transportation system of the applicant or, in the event 
                that the applicant does not operate a public 
                transportation system, the public transportation system 
                to which the proposed project will be attached, is in a 
                state of good repair.
            (5) Written notice from the secretary.--
                    (A) In general.--Not later than 120 days after the 
                date on which the Secretary receives a grant request of 
                an applicant under paragraph (4), the Secretary shall 
                provide written notice to the applicant--
                          (i) of approval of the grant request; or
                          (ii) if the grant request does not meet the 
                      requirements under paragraph (4), of disapproval 
                      of the grant request, including a detailed 
                      explanation of the reasons for the disapproval.
                    (B) Concurrent notice.--The Secretary shall provide 
                concurrent notice of an approval or disapproval of a 
                grant request under subparagraph (A) to the Committee on 
                Banking, Housing, and Urban Affairs of the Senate and 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives.
            (6) Waiver.--The Secretary may grant a waiver to an 
        applicant that does not comply with paragraph (4)(D) if--
                    (A) the eligible project meets the definition of a 
                core capacity improvement project; and
                    (B) the Secretary certifies that the eligible 
                project will allow the applicant to make substantial 
                progress in achieving a state of good repair.
            (7) Selection criteria.--The Secretary may enter into a full 
        funding grant agreement with an applicant under this subsection 
        for an eligible project for which an application has been 
        submitted and approved for advancement by the Secretary under 
        paragraph (4), only if the applicant has completed the planning 
        and activities required under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
            (8) Letters of intent and full funding grant agreements.--
                    (A) Letters of intent.--
                          (i) Amounts intended to be obligated.--The 
                      Secretary may issue a letter of intent to an 
                      applicant announcing an intention to obligate, for 
                      an eligible project under this subsection, an 
                      amount from future available budget authority 
                      specified in law that is not more than the amount 
                      stipulated as the financial participation of the 
                      Secretary in the eligible project. When a letter 
                      is issued for an eligible project under this 
                      subsection, the amount shall be sufficient to 
                      complete at least an operable segment.
                          (ii) Treatment.--The issuance of a letter 
                      under clause (i) is deemed not to be an obligation 
                      under section 1108(c), 1501, or 1502(a) of title 
                      31, United States Code, or an administrative 
                      commitment.
                    (B) Full funding grant agreements.--

[[Page 129 STAT. 1459]]

                          (i) In general.--Except as provided in clause 
                      (v), an eligible project shall be carried out 
                      under this subsection through a full funding grant 
                      agreement.
                          (ii) 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).
                          (iii) Terms.--A full funding grant agreement 
                      shall--
                                    (I) establish the terms of 
                                participation by the Federal Government 
                                in the eligible project;
                                    (II) establish the maximum amount of 
                                Federal financial assistance for the 
                                eligible project;
                                    (III) include the period of time for 
                                completing construction of the eligible 
                                project, consistent with the terms of 
                                the public-private partnership 
                                agreement, even if that period extends 
                                beyond the period of an authorization; 
                                and
                                    (IV) make timely and efficient 
                                management of the eligible project 
                                easier according to the law of the 
                                United States.
                          (iv) Special financial rules.--
                                    (I) In general.--A full funding 
                                grant 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.
                                    (II) Statement of contingent 
                                commitment.--A full funding grant 
                                agreement shall state that the 
                                contingent commitment is not an 
                                obligation of the Federal Government.
                                    (III) Interest and other financing 
                                costs.--Interest and other financing 
                                costs of efficiently carrying out a part 
                                of the eligible project within a 
                                reasonable time are a cost of carrying 
                                out the eligible project under a full 
                                funding grant 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.
                                    (IV) Completion of operable 
                                segment.--The amount stipulated in an 
                                agreement under this subparagraph for a 
                                new fixed guideway capital project, core 
                                capacity improvement project, or small 
                                start project shall be sufficient to 
                                complete at least an operable segment.
                          (v) Exception.--
                                    (I) In general.--The Secretary, to 
                                the maximum extent practicable, shall 
                                provide Federal

[[Page 129 STAT. 1460]]

                                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.
                                    (II) 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).
                    (C) Limitation on amounts.--
                          (i) In general.--The Secretary may enter into 
                      full funding grant agreements under this paragraph 
                      for eligible projects that contain contingent 
                      commitments to incur obligations in such amounts 
                      as the Secretary determines are appropriate.
                          (ii) Appropriation required.--An obligation 
                      may be made under this paragraph only when amounts 
                      are appropriated for obligation.
                    (D) Notification to congress.--
                          (i) In general.--Not later than 30 days before 
                      the date on which the Secretary issues a letter of 
                      intent or enters into a full funding grant 
                      agreement for an eligible project under this 
                      paragraph, the 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.
                          (ii) Contents.--The written notification under 
                      clause (i) shall include a copy of the proposed 
                      letter of intent or full funding grant agreement 
                      for the eligible project.
            (9) Government share of net capital project cost.--
                    (A) In general.--A grant for an eligible project 
                shall not exceed 25 percent of the net capital project 
                cost.
                    (B) Remainder of net capital project cost.--The 
                remainder of the net capital project cost shall be 
                provided from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or new 
                capital.
                    (C) Limitation on statutory construction.--Nothing 
                in this subsection shall be construed as authorizing the 
                Secretary to require a non-Federal financial commitment 
                for a project that is more than 75 percent of the net 
                capital project cost.
                    (D) Special rule for rolling stock costs.--In 
                addition to amounts allowed 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

[[Page 129 STAT. 1461]]

                be made only if a refund of a proportional amount of the 
                grant of the Federal Government is made at the same 
                time.
                    (E) Failure to carry out project.--If an applicant 
                does not carry out an eligible project for reasons 
                within the control of the applicant, the applicant shall 
                repay all Federal funds awarded for the eligible project 
                from all Federal funding sources, for all eligible 
                project activities, facilities, and equipment, plus 
                reasonable interest and penalty charges allowable by 
                law.
                    (F) Crediting of funds received.--Any funds received 
                by the Federal Government under this paragraph, other 
                than interest and penalty charges, shall be credited to 
                the appropriation account from which the funds were 
                originally derived.
            (10) Availability of amounts.--
                    (A) In general.--An amount made available for an 
                eligible project shall remain available to that eligible 
                project for 4 fiscal years, including the fiscal year in 
                which the amount is made available. Any amounts that are 
                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.
                    (B) Use of deobligated amounts.--An amount available 
                under this subsection that is deobligated may be used 
                for any purpose under this subsection.
            (11) Annual report on expedited project delivery for capital 
        investment grants.--Not later than the first Monday in February 
        of each year, the Secretary shall submit to the Committee on 
        Banking, Housing, and Urban Affairs and the Committee on 
        Appropriations of the Senate and the Committee on Transportation 
        and Infrastructure and the Committee on Appropriations of the 
        House of Representatives a report that includes a proposed 
        amount to be available to finance grants for anticipated 
        projects under this subsection.
            (12) Before and after study and report.--
                    (A) Study required.--Each recipient shall conduct a 
                study that--
                          (i) describes and analyzes the impacts of the 
                      eligible project on public transportation services 
                      and public transportation ridership;
                          (ii) describes and analyzes the consistency of 
                      predicted and actual benefits and costs of the 
                      innovative project development and delivery 
                      methods or innovative financing for the eligible 
                      project; and
                          (iii) identifies reasons for any differences 
                      between predicted and actual outcomes for the 
                      eligible project.
                    (B) Submission of report.--Not later than 2 years 
                after an eligible project that is selected under this 
                subsection begins revenue operations, the recipient 
                shall submit to the Secretary a report on the results of 
                the study conducted under subparagraph (A).
            (13) Rule of construction.--Nothing in this subsection shall 
        be construed to--
                    (A) require the privatization of the operation or 
                maintenance of any project for which an applicant seeks 
                funding under this subsection;

[[Page 129 STAT. 1462]]

                    (B) revise the determinations by local policies, 
                criteria, and decisionmaking under section 5306(a) of 
                title 49, United States Code;
                    (C) alter the requirements for locally developed, 
                coordinated, and implemented transportation plans under 
                sections 5303 and 5304 of title 49, United States Code; 
                or
                    (D) alter the eligibilities or priorities for 
                assistance under this subsection or section 5309 of 
                title 49, United States Code.
SEC. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH 
                          DISABILITIES.

    (a) In General.--Section 5310 of title 49, United States Code, is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) Recipient.--The term `recipient' means--
                    ``(A) a designated recipient or a State that 
                receives a grant under this section directly; or
                    ``(B) a State or local governmental entity that 
                operates a public transportation service.''; and
            (2) by adding at the end the following:

    ``(i) Best Practices.--The Secretary shall collect from, review, and 
disseminate to public transportation agencies--
            ``(1) innovative practices;
            ``(2) program models;
            ``(3) new service delivery options;
            ``(4) findings from activities under subsection (h); and
            ``(5) transit cooperative research program reports.''.

    (b) <<NOTE: 49 USC 5310 note.>> Pilot Program for Innovative 
Coordinated Access and Mobility.--
            (1) Definitions.--In this subsection--
                    (A) the term ``eligible project'' has the meaning 
                given the term ``capital project'' in section 5302 of 
                title 49, United States Code; and
                    (B) the term ``eligible recipient'' means a 
                recipient or subrecipient, as those terms are defined in 
                section 5310 of title 49, United States Code.
            (2) General authority.--The Secretary may make grants under 
        this subsection to eligible recipients to assist in financing 
        innovative projects for the transportation disadvantaged that 
        improve the coordination of transportation services and 
        nonemergency medical transportation services, including--
                    (A) the deployment of coordination technology;
                    (B) projects that create or increase access to 
                community One-Call/One-Click Centers; and
                    (C) such other projects as determined appropriate by 
                the Secretary.
            (3) Application.--An eligible recipient shall submit to the 
        Secretary an application that, at a minimum, contains--
                    (A) a detailed description of the eligible project;
                    (B) an identification of all eligible project 
                partners and their specific role in the eligible 
                project, including--
                          (i) private entities engaged in the 
                      coordination of nonemergency medical 
                      transportation services for the transportation 
                      disadvantaged; or

[[Page 129 STAT. 1463]]

                          (ii) nonprofit entities engaged in the 
                      coordination of nonemergency medical 
                      transportation services for the transportation 
                      disadvantaged;
                    (C) a description of how the eligible project 
                would--
                          (i) improve local coordination or access to 
                      coordinated transportation services;
                          (ii) reduce duplication of service, if 
                      applicable; and
                          (iii) provide innovative solutions in the 
                      State or community; and
                    (D) specific performance measures the eligible 
                project will use to quantify actual outcomes against 
                expected outcomes.
            (4) Report.--The Secretary shall make publicly available an 
        annual report on the pilot program carried out under this 
        subsection for each fiscal year, not later than December 31 of 
        the calendar year in which that fiscal year ends. The report 
        shall include a detailed description of the activities carried 
        out under the pilot program, and an evaluation of the program, 
        including an evaluation of the performance measures described in 
        paragraph (3)(D).
            (5) Government share of costs.--
                    (A) In general.--The Government share of the cost of 
                an eligible project carried out under this subsection 
                shall not exceed 80 percent.
                    (B) Non-government share.--The non-Government share 
                of the cost of an eligible project carried out under 
                this subsection may be derived from in-kind 
                contributions.
            (6) Rule of construction.--For purposes of this 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.

    (c) Coordinated Mobility.--
            (1) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Allocated cost model.--The term ``allocated cost 
                model'' means a method of determining the cost of trips 
                by allocating the cost to each trip purpose served by a 
                transportation provider in a manner that is proportional 
                to the level of transportation service that the 
                transportation provider delivers for each trip purpose, 
                to the extent permitted by applicable Federal laws.
                    (B) 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).
            (2) Strategic plan.--Not later than 1 year after the date of 
        enactment of this Act, the Council shall publish a strategic 
        plan for the Council that--
                    (A) outlines the role and responsibilities of each 
                Federal agency with respect to local transportation 
                coordination, including nonemergency medical 
                transportation;
                    (B) identifies a strategy to strengthen interagency 
                collaboration;
                    (C) addresses any outstanding recommendations made 
                by the Council in the 2005 Report to the President 
                relating

[[Page 129 STAT. 1464]]

                to the implementation of Executive Order No. 13330, 
                including--
                          (i) a cost-sharing policy endorsed by the 
                      Council; and
                          (ii) recommendations to increase participation 
                      by recipients of Federal grants in locally 
                      developed, coordinated planning processes;
                    (D) to the extent feasible, addresses 
                recommendations by the Comptroller General concerning 
                local coordination of transportation services;
                    (E) examines and proposes changes to Federal 
                regulations that will eliminate Federal barriers to 
                local transportation coordination, including non-
                emergency medical transportation; and
                    (F) recommends to Congress changes to Federal laws, 
                including chapter 7 of title 42, United States Code, 
                that will eliminate Federal barriers to local 
                transportation coordination, including nonemergency 
                medical transportation.
            (3) Development of cost-sharing policy in compliance with 
        applicable federal laws.--In establishing the cost-sharing 
        policy required under paragraph (2), the Council may consider, 
        to the extent practicable--
                    (A) the development of recommended strategies for 
                grantees of programs funded by members of the Council, 
                including strategies for grantees of programs that fund 
                nonemergency medical transportation, to use the cost-
                sharing policy in a manner that does not violate 
                applicable Federal laws; and
                    (B) incorporation of an allocated cost model to 
                facilitate local coordination efforts that comply with 
                applicable requirements of programs funded by members of 
                the Council, such as--
                          (i) eligibility requirements;
                          (ii) service delivery requirements; and
                          (iii) reimbursement requirements.
            (4) Report.--The Council shall, concurrently with 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.

    (a) In General.--Section 5311 of title 49, United States Code, is 
amended--
            (1) in subsection (c)(1), by striking subparagraphs (A) and 
        (B) and inserting the following:
                    ``(A) $5,000,000 for each fiscal year shall be 
                distributed on a competitive basis by the Secretary.
                    ``(B) $30,000,000 for each fiscal year shall be 
                apportioned as formula grants, as provided in subsection 
                (j).'';
            (2) in subsection (g)(3)--
                    (A) by redesignating subparagraphs (A) through (D) 
                as subparagraphs (C) through (F), respectively;
                    (B) by inserting before subparagraph (C) (as so 
                redesignated) the following:

[[Page 129 STAT. 1465]]

                    ``(A) may be provided in cash from non-Government 
                sources;
                    ``(B) may be provided from revenues from the sale of 
                advertising and concessions;'';
                    (C) in subparagraph (F) (as so redesignated) by 
                inserting ``, including all operating and capital costs 
                of such service whether or not offset by revenue from 
                such service,'' after ``the costs of a private operator 
                for the unsubsidized segment of intercity bus service''; 
                and
            (3) in subsection (j)(1)--
                    (A) in subparagraph (A)(iii), by striking ``(as 
                defined by the Bureau of the Census)'' and inserting 
                ``(American Indian Areas, Alaska Native Areas, and 
                Hawaiian Home Lands, as defined by the Bureau of the 
                Census)''; and
                    (B) by adding at the end the following:
                    ``(E) Allocation between multiple indian tribes.--If 
                more than 1 Indian tribe provides public transportation 
                service on tribal lands in a single Tribal Statistical 
                Area, and the Indian tribes do not determine how to 
                allocate the funds apportioned under clause (iii) of 
                subparagraph (A) between the Indian tribes, the 
                Secretary shall allocate the funds so that each Indian 
                tribe shall receive an amount equal to the total amount 
                apportioned under such clause (iii) multiplied by the 
                ratio of the number of annual unlinked passenger trips 
                provided by each Indian tribe, as reported to the 
                National Transit Database, to the total unlinked 
                passenger trips provided by all Indian tribes in the 
                Tribal Statistical Area.''.

    (b) Conforming Amendments.--Section 5311 of such title is further 
amended--
            (1) in subsection (b) by striking ``5338(a)(2)(E)'' and 
        inserting ``5338(a)(2)(F)'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``5338(a)(2)(E)'' and 
                inserting ``5338(a)(2)(F)'';
                    (B) in paragraph (2)(C), by striking 
                ``5338(a)(2)(E)'' and inserting ``5338(a)(2)(F)''; and
                    (C) in paragraph (3)(A), by striking 
                ``5338(a)(2)(E)'' and inserting ``5338(a)(2)(F)''.
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.

    (a) Consolidation of Programs.--Section 5312 of title 49, United 
States Code, is amended--
            (1) by striking the section designation and heading and 
        inserting the following:
``Sec. 5312. Public transportation innovation'';
            (2) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
            (3) by inserting before subsection (b) (as so redesignated) 
        the following:

    ``(a) In General.--The Secretary shall provide assistance for 
projects and activities to advance innovative public transportation 
research and development in accordance with the requirements of this 
section.'';
            (4) in subsection (e) (as so redesignated)--

[[Page 129 STAT. 1466]]

                    (A) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``demonstration, deployment, or 
                      evaluation'' before ``project that'';
                          (ii) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (iii) in subparagraph (B), by striking the 
                      period at the end and inserting ``; or''; and
                          (iv) by adding at the end the following:
                    ``(C) the deployment of low or no emission vehicles, 
                zero emission vehicles, or associated advanced 
                technology.''; and
                    (B) by striking paragraph (5) and inserting the 
                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.'';
            (5) by adding at the end the following:

    ``(h) Low or No Emission Vehicle Component Assessment.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered institution of higher 
                education' means an institution of higher education with 
                which the Secretary enters into a contract or 
                cooperative agreement, or to which the Secretary makes a 
                grant, under paragraph (2)(B) to operate a facility 
                selected under paragraph (2)(A);
                    ``(B) the terms `direct carbon emissions' and `low 
                or no emission vehicle' have the meanings given those 
                terms in subsection (e)(6);
                    ``(C) the term `institution of higher education' has 
                the meaning given the term in section 102 of the Higher 
                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,

[[Page 129 STAT. 1467]]

                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,

[[Page 129 STAT. 1468]]

        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.''.
            (6) in subsection (f) (as so redesignated)--
                    (A) 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
                    (B) in paragraph (1) by adding ``and'' at the end;
                    (C) in paragraph (2) by striking ``; and'' and 
                inserting a period; and
                    (D) by striking paragraph (3); and
            (7) by adding at the end the following:

    ``(i) Transit Cooperative Research Program.--
            ``(1) In general.--The amounts made available under 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.''.

    (b) Conforming Amendments.--Section 5312 of such title (as amended 
by subsection (a) of this section) is further amended--
            (1) in subsection (c)(1) by striking ``subsection (a)(2)'' 
        and inserting ``subsection (b)(2)'';
            (2) in subsection (d)--
                    (A) in paragraph (1) by striking ``subsection 
                (a)(2)'' and inserting ``subsection (b)(2)''; and
                    (B) in paragraph (2)(A) by striking ``subsection 
                (b)'' and inserting ``subsection (c)'';

[[Page 129 STAT. 1469]]

            (3) in subsection (e)(2) in each of subparagraphs (A) and 
        (B) by striking ``subsection (a)(2)'' and inserting ``subsection 
        (b)(2)''; and
            (4) in subsection (f)(2) by striking ``subsection (d)(4)'' 
        and inserting ``subsection (e)(4)''.

    (c) Clerical Amendment.--The analysis for chapter 53 of such 
title <<NOTE: 49 USC prec. 5301.>> is amended by striking the item 
relating to section 5312 and inserting the following:

``5312. Public transportation innovation.''.

SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

    (a) In General.--Section 5314 of title 49, United States Code, is 
amended to read as follows:
``Sec. 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

[[Page 129 STAT. 1470]]

                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;

[[Page 129 STAT. 1471]]

                    ``(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

[[Page 129 STAT. 1472]]

                          ``(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

[[Page 129 STAT. 1473]]

                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.''.

    (b) Clerical Amendment.--The analysis for chapter 53 of such 
title <<NOTE: 49 USC prec. 5301.>> is amended by striking the item 
relating to section 5314 and inserting the following:

``5314. Technical assistance and workforce development.''.

[[Page 129 STAT. 1474]]

SEC. 3010. PRIVATE SECTOR PARTICIPATION.

    (a) In General.--Section 5315 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to alter--
            ``(1) the eligibilities, requirements, or priorities for 
        assistance provided under this chapter; or
            ``(2) the requirements of section 5306(a).''.

    (b) MAP-21 Technical Correction.--Section 20013(d) of MAP-21 (Public 
Law 112-141; 126 Stat. 694) <<NOTE: 49 USC 5303 note.>> is amended by 
striking ``5307(c)'' and inserting ``5307(b)''.
SEC. 3011. GENERAL PROVISIONS.

    Section 5323 of title 49, United States Code, is amended--
            (1) in subsection (h)--
                    (A) in paragraph (1), by striking ``or'' at the end;
                    (B) by redesignating paragraph (2) as paragraph (3); 
                and
                    (C) by inserting after paragraph (1) the following:
            ``(2) pay incremental costs of incorporating art or non-
        functional landscaping into facilities, including the costs of 
        an artist on the design team; or'';
            (2) in subsection (j)--
                    (A) in paragraph (2), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) when procuring rolling stock (including train 
                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'';
                    (B) by redesignating paragraphs (5) through (9) as 
                paragraphs (7) through (11), respectively;
                    (C) by inserting after paragraph (4) the following:
            ``(5) Rolling stock frames or car shells.--In carrying out 
        paragraph (2)(C) in the case of a rolling stock procurement 
        receiving assistance under this chapter in which the average 
        cost of a rolling stock vehicle in the procurement is more than 
        $300,000, if rolling stock frames or car shells are not produced 
        in the United States, the Secretary shall include in the 
        calculation of the domestic content of the rolling stock the 
        cost of steel or iron that is produced in the United States and 
        used in the rolling stock frames or car shells.
            ``(6) Certification of domestic supply and disclosure.--
                    ``(A) Certification of domestic supply.--If the 
                Secretary denies an application for a waiver under 
                paragraph

[[Page 129 STAT. 1475]]

                (2), the Secretary shall provide to the applicant a 
                written certification that--
                          ``(i) the steel, iron, or manufactured goods, 
                      as applicable, (referred to in this subparagraph 
                      as the `item') is produced in the United States in 
                      a sufficient and reasonably available amount;
                          ``(ii) the item produced in the United States 
                      is of a satisfactory quality; and
                          ``(iii) includes a list of known manufacturers 
                      in the United States from which the item can be 
                      obtained.
                    ``(B) Disclosure.--The Secretary shall disclose the 
                waiver denial and the written certification to the 
                public in an easily identifiable location on the website 
                of the Department of Transportation.'';
                    (D) in paragraph (8), as so redesignated, by 
                striking ``Federal Public Transportation Act of 2012'' 
                and inserting ``Federal Public Transportation Act of 
                2015''; and
                    (E) by inserting after paragraph (11), as so 
                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.'';
            (3) in subsection (q)(1), by striking the second sentence; 
        and
            (4) by adding at the end the following:

    ``(s) Value Capture Revenue Eligible for Local Share.--
Notwithstanding any other provision of law, a recipient of assistance 
under this chapter may use the revenue generated from value capture 
financing mechanisms as local matching funds for capital projects and 
operating costs eligible under this chapter.
    ``(t) Special Condition on Charter Bus Transportation Service.--If, 
in a fiscal year, the Secretary is prohibited by law from enforcing 
regulations related to charter bus service under part 604 of title 49, 
Code of Federal Regulations, for any transit agency that during fiscal 
year 2008 was both initially granted a 60-day period to come into 
compliance with such part 604, and then was subsequently granted an 
exception from such part--
            ``(1) the transit agency shall be precluded from receiving 
        its allocation of urbanized area formula grant funds for such 
        fiscal year; and
            ``(2) any amounts withheld pursuant to paragraph (1) shall 
        be added to the amount that the Secretary may apportion under 
        section 5336 in the following fiscal year.''.
SEC. 3012. PROJECT MANAGEMENT OVERSIGHT.

    Section 5327 of title 49, United States Code, is amended--
            (1) in subsection (c) by striking ``section 5338(i)'' and 
        inserting section ``5338(f)'' ; and
            (2) in subsection (d)--
                    (A) in paragraph (1)--

[[Page 129 STAT. 1476]]

                          (i) by striking ``section 5338(i)'' and 
                      inserting section 5338(f); and
                          (ii) by striking ``and'' at the end; and
                    (B) 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--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (C) by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) 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'';
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (B) by inserting after paragraph (7) the following:
            ``(8) Federal safety management.--
                    ``(A) In general.--If the Secretary determines that 
                a State safety oversight program is not being carried 
                out in accordance with this section, has become 
                inadequate

[[Page 129 STAT. 1477]]

                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.'';
            (3) in subsection (f)(2), by inserting ``or the public 
        transportation industry generally'' after ``recipients'';
            (4) in subsection (g)(1)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``an eligible State, as defined in subsection 
                (e),'' and inserting ``a recipient'';
                    (B) in subparagraph (C) by striking ``and'' at the 
                end;
                    (C) in subparagraph (D) by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) withholding not more than 25 percent of 
                financial assistance under section 5307.'';
            (5) in subsection (g)(2)(A)--
                    (A) by inserting after ``funds'' the following: ``or 
                withhold funds''; and

[[Page 129 STAT. 1478]]

                    (B) by inserting ``or (1)(E)'' after ``paragraph 
                (1)(D)''; and
            (6) by striking subsection (h) and inserting the following:

    ``(h) Restrictions and Prohibitions.--
            ``(1) Restrictions and prohibitions.--The Secretary shall 
        issue restrictions and prohibitions by whatever means are 
        determined necessary and appropriate, without regard to 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--
            (1) in subsection (a) in the matter preceding paragraph (1) 
        by striking ``subsection (h)(4)'' and inserting ``subsection 
        (h)(5)'';
            (2) in subsection (b)(2)(E) by striking ``22.27 percent'' 
        and inserting ``27 percent''; and
            (3) in subsection (h)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) $30,000,000 shall be set aside each fiscal year to 
        carry out section 5307(h);''; and
                    (B) by striking paragraph (3) and inserting the 
                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.

    (a) In General.--Section 5337 of title 49, United States Code, is 
amended--
            (1) in subsection (c)(2)(B), by inserting ``the provisions 
        of'' before ``section 5336(b)(1)'';
            (2) in subsection (d)--
                    (A) in paragraph (2) by inserting ``vehicle'' after 
                ``motorbus''; and
                    (B) by adding at the end the following:
            ``(5) Use of funds.--Amounts apportioned under this 
        subsection may be used for any project that is an eligible 
        project under subsection (b)(1).''; and
            (3) by adding at the end the following:

[[Page 129 STAT. 1479]]

    ``(e) Government Share of Costs.--
            ``(1) Capital projects.--A grant for a capital project under 
        this section shall be for 80 percent of the net project cost of 
        the project. The recipient may provide additional local matching 
        amounts.
            ``(2) Remaining costs.--The remainder of the net project 
        cost shall be provided--
                    ``(A) in cash from non-Government sources;
                    ``(B) from revenues derived from the sale of 
                advertising and concessions; or
                    ``(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or new 
                capital.''.

    (b) Conforming Amendments.--Section 5337 of such title is further 
amended--
            (1) in subsection (c)(1) by striking ``5338(a)(2)(I)'' and 
        inserting ``5338(a)(2)(K)''; and
            (2) in subsection (d)(2) by striking ``5338(a)(2)(I)'' and 
        inserting ``5338(a)(2)(K)''.
SEC. 3016. AUTHORIZATIONS.

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

    ``(a) Grants.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out 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;

[[Page 129 STAT. 1480]]

                    ``(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

[[Page 129 STAT. 1481]]

                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

[[Page 129 STAT. 1482]]

                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.

    (a) In General.--Section 5339 of title 49, United States Code, is 
amended to read as follows:
``Sec. 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--

[[Page 129 STAT. 1483]]

                    ``(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;

[[Page 129 STAT. 1484]]

                          ``(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

[[Page 129 STAT. 1485]]

                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

[[Page 129 STAT. 1486]]

                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.--

[[Page 129 STAT. 1487]]

                          ``(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.''.

    (b) Technical and Conforming Amendment.--The analysis for chapter 53 
of title 49, United States Code, <<NOTE: 49 USC prec. 5301.>> is amended 
by striking the item relating to section 5339 and inserting the 
following:

``5339. Grants for buses and bus facilities.''.

SEC. 3018. <<NOTE: 49 USC 5338 note.>> 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--

[[Page 129 STAT. 1488]]

            (1) $9,347,604,639 in fiscal year 2016;
            (2) $9,733,706,043 in fiscal year 2017;
            (3) $9,733,353,407 in fiscal year 2018;
            (4) $9,939,380,030 in fiscal year 2019; and
            (5) $10,150,348,462 in fiscal year 2020.
SEC. 3019. <<NOTE: 49 USC 5325 note.>> INNOVATIVE PROCUREMENT.

    (a) Definition.--In this section, the term ``grantee'' means a 
recipient or subrecipient of assistance under chapter 53 of title 49, 
United States Code.
    (b) Cooperative Procurement.--
            (1) Definitions; general rules.--
                    (A) Definitions.--In this subsection--
                          (i) the term ``cooperative procurement 
                      contract'' means a contract--
                                    (I) entered into between a State 
                                government or eligible nonprofit entity 
                                and 1 or more vendors; and
                                    (II) under which the vendors agree 
                                to provide an option to purchase rolling 
                                stock and related equipment to multiple 
                                participants;
                          (ii) the term ``eligible nonprofit entity'' 
                      means--
                                    (I) a nonprofit cooperative 
                                purchasing organization that is not a 
                                grantee; or
                                    (II) a consortium of entities 
                                described in subclause (I);
                          (iii) the terms ``lead nonprofit entity'' and 
                      ``lead procurement agency'' mean an eligible 
                      nonprofit entity or a State government, 
                      respectively, that acts in an administrative 
                      capacity on behalf of each participant in a 
                      cooperative procurement contract;
                          (iv) the term ``participant'' means a grantee 
                      that participates in a cooperative procurement 
                      contract; and
                          (v) the term ``participate'' means to purchase 
                      rolling stock and related equipment under a 
                      cooperative procurement contract using assistance 
                      provided under chapter 53 of title 49, United 
                      States Code.
                    (B) General rules.--
                          (i) Procurement not limited to intrastate 
                      participants.--A grantee may participate in a 
                      cooperative procurement contract without regard to 
                      whether the grantee is located in the same State 
                      as the parties to the contract.
                          (ii) Voluntary participation.--Participation 
                      by grantees in a cooperative procurement contract 
                      shall be voluntary.
                          (iii) Contract terms.--The lead procurement 
                      agency or lead nonprofit entity for a cooperative 
                      procurement contract shall develop the terms of 
                      the contract.
                          (iv) Duration.--A cooperative procurement 
                      contract--
                                    (I) subject to subclauses (II) and 
                                (III), may be for an initial term of not 
                                more than 2 years;
                                    (II) may include not more than 3 
                                optional extensions for terms of not 
                                more than 1 year each; and

[[Page 129 STAT. 1489]]

                                    (III) may be in effect for a total 
                                period of not more than 5 years, 
                                including each extension authorized 
                                under subclause (II).
                          (v) Administrative expenses.--A lead 
                      procurement agency or lead nonprofit entity, as 
                      applicable, that enters into a cooperative 
                      procurement contract--
                                    (I) may charge the participants in 
                                the contract for the cost of 
                                administering, planning, and providing 
                                technical assistance for the contract in 
                                an amount that is not more than 1 
                                percent of the total value of the 
                                contract; and
                                    (II) with respect to the cost 
                                described in subclause (I), may 
                                incorporate the cost into the price of 
                                the contract or directly charge the 
                                participants for the cost, but not both.
            (2) State cooperative procurement schedules.--
                    (A) Authority.--A State government may enter into a 
                cooperative procurement contract with 1 or more vendors 
                if--
                          (i) the vendors agree to provide an option to 
                      purchase rolling stock and related equipment to 
                      the State government and any other participant; 
                      and
                          (ii) the State government acts throughout the 
                      term of the contract as the lead procurement 
                      agency.
                    (B) Applicability of policies and procedures.--In 
                procuring rolling stock and related equipment under a 
                cooperative procurement contract under this subsection, 
                a State government shall comply with the policies and 
                procedures that apply to procurement by the State 
                government when using non-Federal funds, to the extent 
                that the policies and procedures are in conformance with 
                applicable Federal law.
            (3) Pilot program for nonprofit cooperative procurements.--
                    (A) Establishment.--The Secretary shall establish 
                and carry out a pilot program to demonstrate the 
                effectiveness of cooperative procurement contracts 
                administered by eligible nonprofit entities.
                    (B) Designation.--In carrying out the program under 
                this paragraph, the Secretary shall designate not less 
                than 3 eligible nonprofit entities to enter into a 
                cooperative procurement contract under which the 
                eligible nonprofit entity acts throughout the term of 
                the contract as the lead nonprofit entity.
                    (C) Notice of intent to participate.--At a time 
                determined appropriate by the lead nonprofit entity, 
                each participant in a cooperative procurement contract 
                under this paragraph shall submit to the lead nonprofit 
                entity a nonbinding notice of intent to participate.
            (4) Joint procurement clearinghouse.--
                    (A) In general.--The Secretary shall establish a 
                clearinghouse for the purpose of allowing grantees to 
                aggregate planned rolling stock purchases and identify 
                joint procurement participants.
                    (B) Nonprofit consultation.--In establishing the 
                clearinghouse under subparagraph (A), the Secretary may 
                consult with nonprofit entities with expertise in public

[[Page 129 STAT. 1490]]

                transportation or procurement, and other stakeholders as 
                the Secretary determines appropriate.
                    (C) 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.
                    (D) Limitations.--
                          (i) Access.--The clearinghouse shall only be 
                      accessible to the Federal Transit Administration, 
                      a nonprofit entity coordinating for such 
                      clearinghouse with the Secretary, and grantees.
                          (ii) Participation.--No grantee shall be 
                      required to submit procurement information to the 
                      database.

    (c) Leasing Arrangements.--
            (1) Capital lease defined.--
                    (A) In general.--In this subsection, the term 
                ``capital lease'' means any agreement under which a 
                grantee acquires the right to use rolling stock or 
                related equipment for a specified period of time, in 
                exchange for a periodic payment.
                    (B) Maintenance.--A capital lease may require that 
                the lessor provide maintenance of the rolling stock or 
                related equipment covered by the lease.
            (2) Program to support innovative leasing arrangements.--
                    (A) Authority.--A grantee may use assistance 
                provided under chapter 53 of title 49, United States 
                Code, to enter into a capital lease if--
                          (i) the rolling stock or related equipment 
                      covered under the lease is eligible for capital 
                      assistance under such chapter; and
                          (ii) there is or will be no Federal interest 
                      in the rolling stock or related equipment covered 
                      under the lease as of the date on which the lease 
                      takes effect.
                    (B) Grantee requirements.--A grantee that enters 
                into a capital lease shall--
                          (i) maintain an inventory of the rolling stock 
                      or related equipment acquired under the lease; and
                          (ii) maintain on the accounting records of the 
                      grantee the liability of the grantee under the 
                      lease.
                    (C) Eligible lease costs.--The costs for which a 
                grantee may use assistance under chapter 53 of title 49, 
                United States Code, with respect to a capital lease, 
                include--
                          (i) the cost of the rolling stock or related 
                      equipment;
                          (ii) associated financing costs, including 
                      interest, legal fees, and financial advisor fees;
                          (iii) ancillary costs such as delivery and 
                      installation charges; and
                          (iv) maintenance costs.
                    (D) Terms.--A grantee shall negotiate the terms of 
                any lease agreement that the grantee enters into.
                    (E) Applicability of procurement requirements.--

[[Page 129 STAT. 1491]]

                          (i) 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.
                          (ii) Buy america.--The requirements under 
                      section 5323(j) of title 49, United States Code, 
                      shall apply to a capital lease.
            (3) Capital leasing of certain zero emission vehicle 
        components.--
                    (A) Definitions.--In this paragraph--
                          (i) the term ``removable power source''--
                                    (I) means a power source that is 
                                separately installed in, and removable 
                                from, a zero emission vehicle; and
                                    (II) may include a battery, a fuel 
                                cell, an ultra-capacitor, or other 
                                advanced power source used in a zero 
                                emission vehicle; and
                          (ii) the term ``zero emission vehicle'' has 
                      the meaning given the term in section 5339(c) of 
                      title 49, United States Code.
                    (B) Leased power sources.--Notwithstanding any other 
                provision of law, for purposes of this subsection, the 
                cost of a removable power source that is necessary for 
                the operation of a zero emission vehicle shall not be 
                treated as part of the cost of the vehicle if the 
                removable power source is acquired using a capital 
                lease.
                    (C) Eligible capital lease.--A grantee may acquire a 
                removable power source by itself through a capital 
                lease.
                    (D) Procurement regulations.--For purposes of this 
                section, a removable power source shall be subject to 
                section 200.88 of title 2, Code of Federal Regulations.
            (4) Reporting requirement.--Not later than 3 years after the 
        date on which a grantee enters into a capital lease under this 
        subsection, the grantee shall submit to the Secretary a report 
        that contains--
                    (A) an evaluation of the overall costs and benefits 
                of leasing rolling stock; and
                    (B) a comparison of the expected short-term and 
                long-term maintenance costs of leasing versus buying 
                rolling stock.
            (5) Report.--The Secretary shall make publicly available an 
        annual report on this subsection for each fiscal year, not later 
        than December 31 of the calendar year in which that fiscal year 
        ends. The report shall include a detailed description of the 
        activities carried out under this subsection, and evaluation of 
        the program including the evaluation of the data reported in 
        paragraph (4).

    (d) Buy America.--The requirements of section 5323(j) of title 49, 
United States Code, shall apply to all procurements under this section.
SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.

    (a) Review Required.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall begin a review

[[Page 129 STAT. 1492]]

        of the safety standards and protocols used in public 
        transportation systems in the United States that examines the 
        efficacy of existing standards and protocols.
            (2) Contents of review.--In conducting the review under this 
        paragraph, the Secretary shall review--
                    (A) minimum safety performance standards developed 
                by the public transportation industry;
                    (B) safety performance standards, practices, or 
                protocols in use by rail fixed guideway public 
                transportation systems, including--
                          (i) written emergency plans and procedures for 
                      passenger evacuations;
                          (ii) training programs to ensure public 
                      transportation personnel compliance and readiness 
                      in emergency situations;
                          (iii) coordination plans approved by 
                      recipients with local emergency responders having 
                      jurisdiction over a rail fixed guideway public 
                      transportation system, including--
                                    (I) emergency preparedness training, 
                                drills, and familiarization programs for 
                                the first responders; and
                                    (II) the scheduling of regular field 
                                exercises to ensure appropriate response 
                                and effective radio and public safety 
                                communications;
                          (iv) maintenance, testing, and inspection 
                      programs to ensure the proper functioning of--
                                    (I) tunnel, station, and vehicle 
                                ventilation systems;
                                    (II) signal and train control 
                                systems, track, mechanical systems, and 
                                other infrastructure; and
                                    (III) other systems as necessary;
                          (v) certification requirements for train and 
                      bus operators and control center employees;
                          (vi) consensus-based standards, practices, or 
                      protocols available to the public transportation 
                      industry; and
                          (vii) any other standards, practices, or 
                      protocols the Secretary determines appropriate; 
                      and
                    (C) rail and bus safety standards, practices, or 
                protocols in use by public transportation systems, 
                regarding--
                          (i) rail and bus design and the workstation of 
                      rail and bus operators, as it relates to--
                                    (I) the reduction of blindspots that 
                                contribute to accidents involving 
                                pedestrians; and
                                    (II) protecting rail and bus 
                                operators from the risk of assault;
                          (ii) scheduling fixed route rail and bus 
                      service with adequate time and access for 
                      operators to use restroom facilities;
                          (iii) fatigue management; and
                          (iv) crash avoidance and worthiness.

    (b) Evaluation.--After conducting the review under subsection (a), 
the Secretary shall, in consultation with representatives of the public 
transportation industry, evaluate the need to establish additional 
Federal minimum public transportation safety standards.

[[Page 129 STAT. 1493]]

    (c) Report.--After completing the review and evaluation required 
under subsections (a) and (b), and not later than 1 year after the date 
of enactment of this Act, the Secretary shall make available on a 
publicly accessible Web site, a report that includes--
            (1) findings based on the review conducted under subsection 
        (a);
            (2) the outcome of the evaluation conducted under subsection 
        (b);
            (3) a comprehensive set of recommendations to improve the 
        safety of the public transportation industry, including 
        recommendations for statutory changes if applicable; and
            (4) actions that the Secretary will take to address the 
        recommendations provided under paragraph (3), including, if 
        necessary, the authorities under section 5329(b)(2)(D) of title 
        49, United States Code.
SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC 
                          TRANSPORTATION SAFETY PROGRAM 
                          INFORMATION.

    (a) Study.--The Secretary shall enter into an agreement with the 
Transportation Research Board of the National Academies of Sciences, 
Engineering, and Medicine, to conduct a study to evaluate whether it is 
in the public interest, including public safety and the legal rights of 
persons injured in public transportation accidents, to withhold from 
discovery or admission into evidence in a Federal or State court 
proceeding any plan, report, data, or other 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.
    (b) Coordination.--In conducting the study under subsection (a), the 
Transportation Research Board shall coordinate with the legal research 
entities of the National Academies of Sciences, Engineering, and 
Medicine, including the Committee on Law and Justice and the Committee 
on Science, Technology, and Law, and include members of those committees 
on the research committee established for the purposes of this section.
    (c) Input.--In conducting the study under subsection (a), the 
relevant entities of the National Academies of Sciences, Engineering, 
and Medicine shall solicit input from the public transportation 
recipients, public transportation nonprofit employee labor 
organizations, and impacted members of the general public.
    (d) Report.--Not later than 18 months after the date of 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. <<NOTE: 49 USC 5329 note.>> IMPROVED PUBLIC 
                          TRANSPORTATION SAFETY MEASURES.

    (a) Requirements.--Not later than 90 days after publication of the 
report required in section 3020, the Secretary shall issue a notice of 
proposed rulemaking on protecting public transportation operators from 
the risk of assault.
    (b) Consideration.--In the proposed rulemaking, the Secretary shall 
consider--
            (1) different safety needs of drivers of different modes;
            (2) differences in operating environments;

[[Page 129 STAT. 1494]]

            (3) the use of technology to mitigate driver assault risks;
            (4) existing experience, from both agencies and operators 
        that already are using or testing driver assault mitigation 
        infrastructure; and
            (5) the impact of the rule on future rolling stock 
        procurements and vehicles currently in revenue service.

    (c) Savings Clause.--Nothing in this section may be construed as 
prohibiting the Secretary from issuing different comprehensive worker 
protections, including standards for mitigating assaults.
SEC. 3023. <<NOTE: 42 USC 12143 note.>> 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.

    (a) 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.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) a survey of the communities, cities, and States that are 
        using innovative transportation systems to meet the needs of 
        ageing populations;
            (2) best practices to protect privacy and security, as 
        determined as a result of such survey; and
            (3) recommendations with respect to the potential of the 
        Internet of Things to assist local, State, and Federal planners 
        to develop more efficient and accurate projections of the 
        transportation needs of rural, suburban, and urban communities.
SEC. 3025. REPORT ON PARKING SAFETY.

    (a) Study.--The Secretary shall conduct a study on the safety of 
certain transportation facilities and locations, focusing on any 
property damage, injuries, deaths, and other incidents that occur or 
originate at locations intended to encourage public use of alternative 
transportation, including--
            (1) carpool lots;
            (2) mass transit lots;
            (3) local, State, or regional rail stations;
            (4) rest stops;
            (5) college or university lots;
            (6) bike paths or walking trails; and
            (7) any other locations that the Secretary considers 
        appropriate.

    (b) Report.--Not later than 8 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee

[[Page 129 STAT. 1495]]

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.
    (c) 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.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Compact.--The term ``Compact'' means the Washington 
        Metropolitan Area Transit Authority Compact (Public Law 89-774; 
        80 Stat. 1324).
            (2) Federal director.--The term ``Federal Director'' means--
                    (A) a voting member of the Board of Directors of the 
                Transit Authority who represents the Federal Government; 
                and
                    (B) a nonvoting member of the Board of Directors of 
                the Transit Authority who serves as an alternate for a 
                member described in subparagraph (A).
            (3) Transit authority.--The term ``Transit Authority'' means 
        the Washington Metropolitan Area Transit Authority established 
        under Article III of the Compact.

    (b) Appointment by Secretary of Transportation.--
            (1) In general.--For any appointment made on or after the 
        date of enactment of this Act, the Secretary of Transportation 
        shall have sole authority to appoint Federal Directors to the 
        Board of Directors of the Transit Authority.
            (2) Amendment to compact.--The signatory parties to the 
        Compact shall amend the Compact as necessary in 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--
            (1) the ability and effectiveness of public transportation 
        agencies to provide public transportation to low-income workers 
        in accessing jobs and being able to use reverse commute 
        services;
            (2) whether services to low-income riders declined after 
        MAP-21 was implemented; and
            (3) 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.

    (a) In General.--There shall be available from the Mass Transit 
Account of the Highway Trust Fund to carry out this section $199,000,000 
for fiscal year 2017 to assist in financing

[[Page 129 STAT. 1496]]

the installation of positive train control systems required under 
section 20157 of title 49, United States Code.
    (b) Uses.--The amounts made available under subsection (a) of this 
section shall be awarded by the Secretary on a competitive basis, and 
grant funds awarded under this section shall not exceed 80 percent of 
the total cost of a project.
    (c) Credit Assistance.--At the request of an eligible applicant 
under this section, the Secretary may use amounts awarded to the entity 
to pay the subsidy and administrative costs necessary to provide the 
entity Federal credit assistance under sections 502 through 504 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 
et seq.), with respect to the project for which the grant was awarded.
    (d) Eligible Recipients.--The amounts made available under 
subsection (a) of this section may be used only to assist a recipient of 
funds under chapter 53 of title 49, United States Code.
    (e) Project Management Oversight.--The Secretary may withhold up to 
1 percent from the amounts made available under subsection (a) of this 
section for the costs of project management oversight of grants 
authorized under that subsection.
    (f) Savings Clause.--Nothing in this section may be construed as 
authorizing the amounts appropriated under subsection (a) to be used for 
any purpose other than financing the installation of positive train 
control systems.
    (g) Grants Financed From Highway Trust Fund.--A grant that is 
approved by the Secretary and financed with amounts made available from 
the Mass Transit Account of the Highway Trust Fund under this section is 
a contractual obligation of the Government to pay the Government share 
of the cost of the project.
    (h) Availability of Amounts.--Notwithstanding subsection (j), 
amounts made available under this section shall remain available until 
expended.
    (i) Obligation Limitation.--Funds made available under this section 
shall be subject to obligation limit of section 3018 of the Federal 
Public Transportation Act of 2015.
    (j) Sunset.--The Secretary of Transportation shall provide the 
grants, direct loans, and loan guarantees under subsections (b) and (c) 
by September 30, 2018.
SEC. 3029. AMENDMENT TO TITLE 5.

    (a) In General.--Section 5313 of title 5, United States Code, is 
amended by adding at the end the following:

    ``Federal Transit Administrator.''.
    (b) Conforming Amendment.--Section 5314 of title 5, United States 
Code, is amended by striking ``Federal Transit Administrator.''.
    (c) <<NOTE: 5 USC 5313 note.>> Effective Date.--The amendments made 
by this section shall take effect on the first day of the first pay 
period beginning on or after the first day of the first fiscal year 
beginning after the date of enactment of this Act.
SEC. 3030. TECHNICAL AND CONFORMING CHANGES.

    (a) Repeal.--Section 20008(b) of MAP-21 (49 U.S.C. 5309 note) is 
repealed.
    (b) Repeal Section 5313.--Section 5313 of title 49, United States 
Code, and the item relating to that section in the analysis for chapter 
53 of such title, <<NOTE: 49 USC prec. 5301.>> are repealed.

[[Page 129 STAT. 1497]]

    (c) Repeal of Section 5319.--Section 5319 of title 49, United States 
Code, and the item relating to that section in the analysis for chapter 
53 of such title, <<NOTE: 49 USC prec. 5301.>> are repealed.

    (d) Repeal of Section 5322.--Section 5322 of title 49, United States 
Code, and the item relating to that section in the analysis for chapter 
53 of such title, <<NOTE: 49 USC prec. 5301.>> are repealed.

    (e) Section 5325.--Section 5325 of title 49, United States Code is 
amended--
            (1) in subsection (e)(2), by striking ``at least two''; and
            (2) in subsection (h), by striking ``Federal Public 
        Transportation Act of 2012'' and inserting ``Federal Public 
        Transportation Act of 2015''.

    (f) Section 5340.--Section 5340 of title 49, United States Code, is 
amended--
            (1) by striking subsection (b); and
            (2) by inserting the following:

    ``(b) Allocation.--The Secretary shall apportion the amounts made 
available under section 5338(b)(2)(N) in accordance with subsection (c) 
and subsection (d).''.
    (g) Chapter 105 of Title 49, United States Code.--Section 10501(c) 
of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)(i), by striking ``section 
                5302(a)'' and inserting ``section 5302''; and
                    (B) in subparagraph (B)--
                          (i) by striking ``mass transportation'' and 
                      inserting ``public transportation''; and
                          (ii) by striking ``section 5302(a)'' and 
                      inserting ``section 5302''; and
            (2) in paragraph (2)(A), by striking ``mass transportation'' 
        and inserting ``public transportation''.

                    TITLE IV--HIGHWAY TRAFFIC SAFETY

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--For carrying out section 402 
        of title 23, United States Code--
                    (A) $243,500,000 for fiscal year 2016;
                    (B) $252,300,000 for fiscal year 2017;
                    (C) $261,200,000 for fiscal year 2018;
                    (D) $270,400,000 for fiscal year 2019; and
                    (E) $279,800,000 for fiscal year 2020.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                    (A) $137,800,000 for fiscal year 2016;
                    (B) $140,700,000 for fiscal year 2017;
                    (C) $143,700,000 for fiscal year 2018;
                    (D) $146,700,000 for fiscal year 2019; and
                    (E) $149,800,000 for fiscal year 2020.
            (3) National priority safety programs.--For carrying out 
        section 405 of title 23, United States Code--
                    (A) $274,700,000 for fiscal year 2016;
                    (B) $277,500,000 for fiscal year 2017;

[[Page 129 STAT. 1498]]

                    (C) $280,200,000 for fiscal year 2018;
                    (D) $283,000,000 for fiscal year 2019; and
                    (E) $285,900,000 for fiscal year 2020.
            (4) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $5,100,000 for fiscal year 2016;
                    (B) $5,200,000 for fiscal year 2017;
                    (C) $5,300,000 for fiscal year 2018;
                    (D) $5,400,000 for fiscal year 2019; and
                    (E) $5,500,000 for fiscal year 2020.
            (5) High-visibility enforcement program.--For carrying out 
        section 404 of title 23, United States Code--
                    (A) $29,300,000 for fiscal year 2016;
                    (B) $29,500,000 for fiscal year 2017;
                    (C) $29,900,000 for fiscal year 2018;
                    (D) $30,200,000 for fiscal year 2019; and
                    (E) $30,500,000 for fiscal year 2020.
            (6) Administrative expenses.--For administrative and related 
        operating expenses of the National Highway Traffic Safety 
        Administration in carrying out chapter 4 of title 23, United 
        States Code, and this title--
                    (A) $25,832,000 for fiscal year 2016;
                    (B) $26,072,000 for fiscal year 2017;
                    (C) $26,329,000 for fiscal year 2018;
                    (D) $26,608,000 for fiscal year 2019; and
                    (E) $26,817,000 for fiscal year 2020.

    (b) <<NOTE: 23 USC 401 note.>> 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--
            (1) shall only be used to carry out such program; and
            (2) may not be used by States or local governments for 
        construction purposes.

    (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, amounts made available under subsection (a) for 
fiscal years 2016 through 2020 shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code.
    (d) <<NOTE: 23 USC 402 note.>> Regulatory Authority.--Grants awarded 
under this title shall be carried out in accordance with regulations 
issued by the Secretary.

    (e) <<NOTE: 23 USC 402 note.>> 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.

    (f) Grant Application and Deadline.--To receive a grant under 
chapter 4 of title 23, United States Code, a State shall

[[Page 129 STAT. 1499]]

submit an application, and the Secretary shall establish a single 
deadline for such applications to enable the award of grants early in 
the next fiscal year.
SEC. 4002. HIGHWAY SAFETY PROGRAMS.

    Section 402 of title 23, United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (vi) by striking ``and'' at the end;
                    (B) in clause (vii) by inserting ``and'' after the 
                semicolon; and
                    (C) by adding at the end the following:
                          ``(viii) to increase driver awareness of 
                      commercial motor vehicles to prevent crashes and 
                      reduce injuries and fatalities;'';
            (2) in subsection (c)(4), by adding at the end the 
        following:
                    ``(C) Survey.--A State in which an automated traffic 
                enforcement system is installed shall expend funds 
                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).'';
            (3) by striking subsection (g) and inserting the following:

    ``(g) Restriction.--Nothing in this section may be construed to 
authorize the appropriation or expenditure of funds for highway 
construction, maintenance, or design (other than design of safety 
features of highways to be incorporated into guidelines).'';
            (4) in subsection (k)--
                    (A) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) Electronic submission.--The Secretary, in 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
                    (C) in paragraph (6)(A), as so redesignated, by 
                striking ``60 days'' and inserting ``45 days''; and
            (5) in subsection (m)(2)(B)--
                    (A) in clause (vii) by striking ``and'' at the end;
                    (B) in clause (viii) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                          ``(ix) increase driver awareness of commercial 
                      motor vehicles to prevent crashes and reduce 
                      injuries and fatalities; and

[[Page 129 STAT. 1500]]

                          ``(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--
            (1) in subsection (h)--
                    (A) in paragraph (1) by striking ``may'' and 
                inserting ``shall'';
                    (B) 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).'';
                    (C) in paragraph (3) by striking ``If the 
                Administrator utilizes the authority under paragraph 
                (1), the'' and inserting ``The''; and
                    (D) in paragraph (4) by striking ``If the 
                Administrator conducts the research authorized under 
                paragraph (1), the'' and inserting ``The''; and
            (2) by adding at the end the following:

    ``(i) Limitation on Drug and Alcohol Survey Data.--The Secretary 
shall establish procedures and guidelines to ensure that any person 
participating in a program or activity that collects data on drug or 
alcohol use by drivers of motor vehicles and is carried out under this 
section is informed that the program or activity is voluntary.
    ``(j) Federal Share.--The Federal share of the cost of any project 
or activity carried out under this section may be not more than 100 
percent.''.
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

    (a) In General.--Section 404 of title 23, United States Code, is 
amended to read as follows:
``Sec. 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.

[[Page 129 STAT. 1501]]

    ``(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.''.

    (b) Clerical Amendment.--The analysis for chapter 4 of title 23, 
United States Code, <<NOTE: 23 USC prec. 401.>> is amended by striking 
the item relating to section 404 and inserting the following:

``404. High-visibility enforcement program.''.

SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.

    (a) General Authority.--Section 405(a) of title 23, United States 
Code, is amended to read as follows:
    ``(a) General Authority.--Subject to the requirements of this 
section, the Secretary shall manage programs to address national 
priorities for reducing highway deaths and injuries. Funds shall be 
allocated according to the following:
            ``(1) Occupant protection.--In each fiscal year, 13 percent 
        of the funds provided under this section shall be allocated 
        among States that adopt and implement effective occupant 
        protection programs to reduce highway deaths and injuries 
        resulting from individuals riding unrestrained or improperly 
        restrained in motor vehicles (as described in subsection (b)).
            ``(2) State traffic safety information system 
        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)).

[[Page 129 STAT. 1502]]

            ``(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.''.

    (b) High Seatbelt Use Rate.--Section 405(b)(4)(B) of title 23, 
United States Code, is amended by striking ``75 percent'' and inserting 
``100 percent''.
    (c) Impaired Driving Countermeasures.--Section 405(d) of title 23, 
United States Code, is amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) Use of grant amounts.--
                    ``(A) Required programs.--High-range States shall 
                use grant funds for--
                          ``(i) high-visibility enforcement efforts; and
                          ``(ii) any of the activities described in 
                      subparagraph (B) if--
                                    ``(I) the activity is described in 
                                the statewide plan; and
                                    ``(II) the Secretary approves the 
                                use of funding for such activity.
                    ``(B) Authorized programs.--Medium-range and low-
                range States may use grant funds for--
                          ``(i) any of the purposes described in 
                      subparagraph (A);
                          ``(ii) hiring a full-time or part-time 
                      impaired driving coordinator of the State's 
                      activities to address the enforcement and 
                      adjudication of laws regarding

[[Page 129 STAT. 1503]]

                      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.'';
            (2) in paragraph (6)--
                    (A) by amending the paragraph heading to read as 
                follows: ``Additional grants.--'';
                    (B) in subparagraph (A) by amending the subparagraph 
                heading to read as follows: ``Grants to states with 
                alcohol-ignition interlock laws.--'';
                    (C) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively;
                    (D) by inserting after subparagraph (A), the 
                following:
                    ``(B) Grants to states with 24-7 sobriety 
                programs.--The Secretary shall make a separate grant 
                under this subsection to each State that--

[[Page 129 STAT. 1504]]

                          ``(i) adopts and is enforcing a law that 
                      requires all individuals convicted of driving 
                      under the influence of alcohol or of driving while 
                      intoxicated to receive a restriction on driving 
                      privileges; and
                          ``(ii) provides a 24-7 sobriety program.'';
                    (E) in subparagraph (C), as redesignated, by 
                inserting ``and subparagraph (B)'' after ``subparagraph 
                (A)'';
                    (F) in subparagraph (D), as redesignated, by 
                inserting ``and subparagraph (B)'' after ``subparagraph 
                (A)'';
                    (G) by amending subparagraph (E), as redesignated, 
                to read as follows:
                    ``(E) Funding.--
                          ``(i) Funding for grants to states with 
                      alcohol-ignition interlock laws.--Not more than 12 
                      percent of the amounts made available to carry out 
                      this subsection in a fiscal year shall be made 
                      available by the Secretary for making grants under 
                      subparagraph (A).
                          ``(ii) Funding for grants to states with 24-7 
                      sobriety programs.--Not more than 3 percent of the 
                      amounts made available to carry out this 
                      subsection in a fiscal year shall be made 
                      available by the Secretary for making grants under 
                      subparagraph (B).''; and
                    (H) by adding at the end the following:
                    ``(F) Exceptions.--A State alcohol-ignition 
                interlock law under subparagraph (A) may include 
                exceptions for the following circumstances:
                          ``(i) The individual is required to operate an 
                      employer's motor vehicle in the course and scope 
                      of employment and the business entity that owns 
                      the vehicle is not owned or controlled by the 
                      individual.
                          ``(ii) The individual is certified by a 
                      medical doctor as being unable to provide a deep 
                      lung breath sample for analysis by an ignition 
                      interlock device.
                          ``(iii) A State-certified ignition interlock 
                      provider is not available within 100 miles of the 
                      individual's residence.''; and
            (3) in paragraph (7)--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i)--
                                    (I) by striking ``or a State 
                                agency'' and inserting ``or an agency 
                                with jurisdiction''; and
                                    (II) by inserting ``bond,'' before 
                                ``sentence'';
                          (ii) in clause (i) by striking ``who plead 
                      guilty or'' and inserting ``who was arrested for, 
                      plead guilty to, or''; and
                          (iii) in clause (ii)(I) by inserting ``at a 
                      testing location'' after ``per day''; and
                    (B) in subparagraph (D) by striking the second 
                period at the end.

    (d) Distracted Driving Grants.--Section 405(e) of title 23, United 
States Code, is amended to read as follows:
    ``(e) Distracted Driving Grants.--
            ``(1) In general.--The Secretary shall award a grant under 
        this subsection to any State that includes distracted driving 
        awareness as part of the State's driver's license examination,

[[Page 129 STAT. 1505]]

        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.--

[[Page 129 STAT. 1506]]

                                    ``(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.

[[Page 129 STAT. 1507]]

            ``(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.''.

    (e) Motorcyclist Safety.--Section 405(f) of title 23, United States 
Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        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.'';
            (2) in paragraph (4) by adding at the end the following:
                    ``(C) Flexibility.--Not more than 50 percent of 
                grant funds received by a State under this subsection 
                may be used for any eligible project or activity under 
                section 402 if the State is in the lowest 25 percent of 
                all States for motorcycle deaths per 10,000 motorcycle 
                registrations

[[Page 129 STAT. 1508]]

                based on the most recent data that conforms with 
                criteria established by the Secretary.''; and
            (3) by adding at the end the following:
            ``(6) Share-the-road model language.--Not later than 1 year 
        after the date of enactment of this paragraph, the Secretary 
        shall update and provide to the States model 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.''.

    (f) Minimum Requirements for State Graduated Driver Licensing 
Incentive Grant Program.--Section 405(g) of title 23, United States 
Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by striking ``21'' and 
                inserting ``18''; and
                    (B) by amending subparagraph (B) to read as follows:
                    ``(B) Licensing process.--A State is in compliance 
                with the 2-stage licensing process described in this 
                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;

[[Page 129 STAT. 1509]]

                                    ``(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
            (2) by adding at the end the following:
            ``(6) Special rule.--Notwithstanding paragraph (5), up to 
        100 percent of grant funds received by a State under this 
        subsection may be used for any eligible project or activity 
        under section 402, if the State is in the lowest 25 percent of 
        all States for the number of drivers under age 18 involved in 
        fatal crashes in the State per the total number of drivers under 
        age 18 in the State based on the most recent data that conforms 
        with criteria established by the Secretary.''.

    (g) Nonmotorized Safety.--Section 405 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(h) Nonmotorized Safety.--
            ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to States for 
        the purpose of decreasing pedestrian and bicycle fatalities and 
        injuries that result from crashes involving a motor vehicle.
            ``(2) Federal share.--The Federal share of the cost of a 
        project carried out by a State using amounts from a grant 
        awarded under this subsection may not exceed 80 percent.
            ``(3) Eligibility.--A State shall receive a grant under this 
        subsection in a fiscal year if the annual combined pedestrian 
        and bicycle fatalities in the State exceed 15 percent of the 
        total annual crash fatalities in the State, based on the most 
        recently reported final data from the Fatality Analysis 
        Reporting System.
            ``(4) Use of grant amounts.--Grant funds received by a State 
        under this subsection may be used for--
                    ``(A) training of law enforcement officials on State 
                laws applicable to pedestrian and bicycle safety;

[[Page 129 STAT. 1510]]

                    ``(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. <<NOTE: 23 USC 153 note.>> STOP MOTORCYCLE CHECKPOINT 
                          FUNDING.

    Notwithstanding section 153 of title 23, United States Code, the 
Secretary may not provide a grant or any funds to a State, county, town, 
township, Indian tribe, municipality, or other local government that may 
be used for any program--
            (1) to check helmet usage; or
            (2) to create checkpoints that specifically target 
        motorcycle operators or motorcycle passengers.
SEC. 4008. MARIJUANA-IMPAIRED DRIVING.

    (a) Study.--The Secretary, in consultation with the heads of other 
Federal agencies as appropriate, shall conduct a study on marijuana-
impaired driving.
    (b) Issues To Be Examined.--In conducting the study, the Secretary 
shall examine, at a minimum, the following:
            (1) Methods to detect marijuana-impaired driving, including 
        devices capable of measuring marijuana levels in motor vehicle 
        operators.
            (2) A review of impairment standard research for driving 
        under the influence of marijuana.
            (3) Methods to differentiate the cause of a driving 
        impairment between alcohol and marijuana.
            (4) State-based policies on marijuana-impaired driving.
            (5) The role and extent of marijuana impairment in motor 
        vehicle accidents.

    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in cooperation with other 
        Federal agencies as appropriate, shall submit to the 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.
            (2) Contents.--The report shall include, at a minimum, the 
        following:
                    (A) Findings.--The findings of the Secretary based 
                on the study, including, at a minimum, the following:

[[Page 129 STAT. 1511]]

                          (i) 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.
                          (ii) A description and assessment of the role 
                      of marijuana as a causal factor in traffic crashes 
                      and the extent of the problem of marijuana-
                      impaired driving.
                          (iii) A description and assessment of current 
                      State laws relating to marijuana-impaired driving.
                          (iv) A determination whether an impairment 
                      standard for drivers under the influence of 
                      marijuana is feasible and could reduce vehicle 
                      accidents and save lives.
                    (B) Recommendations.--The recommendations of the 
                Secretary based on the study, including, at a minimum, 
                the following:
                          (i) Effective and efficient methods for 
                      training law enforcement personnel, including drug 
                      recognition experts, to detect or measure the 
                      level of impairment of a motor vehicle operator 
                      who is under the influence of marijuana by the use 
                      of technology or otherwise.
                          (ii) If feasible, an impairment standard for 
                      driving under the influence of marijuana.
                          (iii) Methodologies for increased data 
                      collection regarding the prevalence and effects of 
                      marijuana-impaired driving.

    (d) Marijuana Defined.--In this section, the term ``marijuana'' 
includes all substances containing tetrahydrocannabinol.
SEC. 4009. <<NOTE: 23 USC 402 note.>> INCREASING PUBLIC AWARENESS 
                          OF THE DANGERS OF DRUG-IMPAIRED DRIVING.

    (a) Additional Actions.--The Administrator of the National Highway 
Traffic Safety Administration, in consultation with the White House 
Office of National Drug Control Policy, the Secretary of Health and 
Human Services, State highway safety offices, and other interested 
parties, as determined by the Administrator, shall identify and carry 
out additional actions that should be undertaken by the Administration 
to assist States in their efforts to increase public awareness of the 
dangers of drug-impaired driving, including the dangers of driving while 
under the influence of heroin or prescription opioids.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 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. <<NOTE: 23 USC 405 note.>> 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--
            (1) an identification of--
                    (A) the States that were awarded grants under such 
                section;

[[Page 129 STAT. 1512]]

                    (B) the States that applied and were not awarded 
                grants under such section; and
                    (C) the States that did not apply for a grant under 
                such section; and
            (2) a list of deficiencies that made a State ineligible for 
        a grant under such section for each State under paragraph 
        (1)(B).
SEC. 4011. DATA COLLECTION.

    Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``(A) has enacted'' and all that 
                follows through ``(B) is maintaining'' and inserting 
                ``is maintaining''; and
                    (B) by striking ``and any passengers'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Use of Grant Funds.--A grant received by a State under 
subsection (a) shall be used by the State for the costs of--
            ``(1) collecting and maintaining data on traffic stops; and
            ``(2) evaluating the results of the data.'';
            (3) by striking subsection (c) and redesignating subsections 
        (d) and (e) as subsections (c) and (d), respectively;
            (4) in subsection (c)(2), as so redesignated, by striking 
        ``A State'' and inserting ``On or after October 1, 2015, a 
        State''; and
            (5) in subsection (d), as so redesignated--
                    (A) in the subsection heading by striking 
                ``Authorization of Appropriations'' and inserting 
                ``Funding'';
                    (B) 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.'';
                    (C) in paragraph (2)--
                          (i) by striking ``authorized by'' and 
                      inserting ``made available under''; and
                          (ii) by striking ``percent,'' and all that 
                      follows through the period at the end and 
                      inserting ``percent.''; and
                    (D) by adding at the end the following:
            ``(3) Other uses.--The Secretary may reallocate, before the 
        last day of any fiscal year, amounts remaining available under 
        paragraph (1) to increase the amounts made available to carry 
        out any of other activities authorized under section 403 of 
        title 23, United States Code, in order to ensure, to the maximum 
        extent possible, that all such amounts are 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

[[Page 129 STAT. 1513]]

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--
            (1) identifies any legal and technical barriers to capturing 
        adequate data on the prevalence of the use of wireless 
        communications devices while driving; and
            (2) provides recommendations on how to address such 
        barriers.
SEC. 4014. TECHNICAL CORRECTIONS.

    Title 23, United States Code, is amended as follows:
            (1) Section 402 is amended--
                    (A) in subsection (b)(1)--
                          (i) in subparagraph (C) by striking 
                      ``paragraph (3)'' and inserting ``paragraph (2)''; 
                      and
                          (ii) in subparagraph (E)--
                                    (I) by striking ``in which'' and 
                                inserting ``for which''; and
                                    (II) by striking ``under subsection 
                                (f)'' and inserting ``under subsection 
                                (k)''; and
                    (B) in subsection (k)(5), as redesignated by this 
                Act, by striking ``under paragraph (2)(A)'' and 
                inserting ``under paragraph (3)(A)''.
            (2) Section 403(e) is amended by striking ``chapter 301'' 
        and inserting ``chapter 301 of title 49''.
            (3) Section 405 is amended--
                    (A) in subsection (d)--
                          (i) in paragraph (5) by striking ``under 
                      section 402(c)'' and inserting ``under section 
                      402''; and
                          (ii) in paragraph (6)(D), as redesignated by 
                      this Act, by striking ``on the basis of the 
                      apportionment formula set forth in section 
                      402(c)'' and inserting ``in proportion to the 
                      State's apportionment under section 402 for fiscal 
                      year 2009''; and
                    (B) in subsection (f)(4)(A)(iv)--
                          (i) by striking ``such as the'' and inserting 
                      ``including''; and
                          (ii) by striking ``developed under subsection 
                      (g)''.
SEC. 4015. <<NOTE: 23 USC 164 note.>> 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.

[[Page 129 STAT. 1514]]

                      TITLE V--MOTOR CARRIER SAFETY

          Subtitle A--Motor Carrier Safety Grant Consolidation

SEC. 5101. GRANTS TO STATES.

    (a) Motor Carrier Safety Assistance Program.--Section 31102 of title 
49, United States Code, is amended to read as follows:
``Sec. 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

[[Page 129 STAT. 1515]]

                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;

[[Page 129 STAT. 1516]]

                          ``(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

[[Page 129 STAT. 1517]]

                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

[[Page 129 STAT. 1518]]

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

[[Page 129 STAT. 1519]]

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

[[Page 129 STAT. 1520]]

        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.--

[[Page 129 STAT. 1521]]

            ``(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

[[Page 129 STAT. 1522]]

                      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

[[Page 129 STAT. 1523]]

                and maintenance costs associated with innovative 
                technology deployment with funds made available under 
                sections 31104(a)(1) and 31104(a)(2).''.

    (b) Commercial Motor Vehicle Operators Grant Program.--Section 31103 
of title 49, United States Code, is amended to read as follows:
``Sec. 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.''.
    (c) Authorization of Appropriations.--Section 31104 of title 49, 
United States Code, as amended by this Act, is further amended on the 
effective date set forth in subsection (f) to read as follows:
``Sec. 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.

[[Page 129 STAT. 1524]]

            ``(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.

[[Page 129 STAT. 1525]]

    ``(g) Contract Authority; Initial Date of Availability.--Amounts 
authorized from the Highway Trust Fund (other than the Mass Transit 
Account) by this section shall be available for obligation on the date 
of their apportionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first.
    ``(h) Availability of Funding.--Amounts made available under this 
section shall remain available until expended.
    ``(i) Reallocation.--Amounts not expended by a recipient during the 
period of availability shall be released back to the Secretary for 
reallocation for any purpose under section 31102, 31103, or 31313 or 
this section to ensure, to the maximum extent possible, that all such 
amounts are obligated.''.
    (d) Clerical Amendment.--The analysis for chapter 311 of title 49, 
United States Code, <<NOTE: 49 USC prec. 31100.>> is amended by striking 
the items relating to sections 31102, 31103, and 31104 and inserting the 
following:

``31102. Motor carrier safety assistance program.
``31103. Commercial motor vehicle operators grant program.
``31104. Authorization of appropriations.''.

    (e) Conforming Amendments.--
            (1) Safety fitness of owners and operator; safety reviews of 
        new operators.--Section 31144(g) of title 49, United States 
        Code, is amended by striking paragraph (5).
            (2) Information systems; performance and registration 
        information program.--Section 31106(b) of title 49, United 
        States Code, is amended by striking paragraph (4).
            (3) Border enforcement grants.--Section 31107 of title 49, 
        United States Code, and the item relating to that section in the 
        analysis for chapter 311 of that title, <<NOTE: 49 USC prec. 
        31100.>> are repealed.
            (4) Performance and registration information system 
        management.--Section 31109 of title 49, United States Code, and 
        the item relating to that section in the analysis for chapter 
        311 of that title, <<NOTE: 49 USC prec. 31100.>> are repealed.
            (5) 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.
            (6) Safety data improvement program.--Section 4128 of 
        SAFETEA-LU (49 U.S.C. 31100 note), and the item relating to that 
        section in the table of contents contained in section 1(b) of 
        that Act, are repealed.
            (7) Grant program for commercial motor vehicle operators.--
        Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the item 
        relating to that section in the table of contents contained in 
        section 1(b) of that Act, are repealed.
            (8) Maintenance of effort as condition on grants to 
        states.--Section 103(c) of the Motor Carrier Safety Improvement 
        Act of 1999 (49 U.S.C. 31102 note) is repealed.
            (9) State compliance with cdl requirements.--Section 103(e) 
        of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 
        31102 note) is repealed.
            (10) Border staffing standards.--Section 218(d) of the Motor 
        Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) is 
        amended--

[[Page 129 STAT. 1526]]

                    (A) in paragraph (1) by striking ``section 
                31104(f)(2)(B) of title 49, United States Code'' and 
                inserting ``section 31104(a)(1) of title 49, United 
                States Code''; and
                    (B) by striking paragraph (3).
            (11) Winter home heating oil delivery state 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.

    (f) <<NOTE: 49 USC 31102 note.>> Effective Date.--The amendments 
made by this section shall take effect on October 1, 2016.

    (g) <<NOTE: 49 USC 31102 note.>> 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.

    (a) In General.--Subchapter I of chapter 311 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 31110. <<NOTE: 49 USC 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.

[[Page 129 STAT. 1527]]

    ``(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.''.
    (b) Clerical Amendment.--The analysis for chapter 311 of title 49, 
United States Code, <<NOTE: 49 USC 3100.>> is amended by adding at the 
end of the items relating to subchapter I the following:

``31110. Authorization of appropriations.''.

    (c) Conforming Amendments.--
            (1) Administrative expenses; authorization of 
        appropriations.--Section 31104 of title 49, United States Code, 
        is amended--
                    (A) by striking subsection (i); and
                    (B) by redesignating subsections (j) and (k) as 
                subsections (i) and (j), respectively.
            (2) Use of amounts made available under subsection (i).--
        Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is amended 
        by striking ``section 31104(i)'' and inserting ``section 
        31110''.
            (3) International cooperation.--Section 31161 of title 49, 
        United States Code, is amended by striking ``section 31104(i)'' 
        and inserting ``section 31110''.
            (4) SAFETEA-LU; outreach and education.--Section 4127 of 
        SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item 
        relating to that section in the table of contents contained in 
        section 1(b) of that Act, <<NOTE: 49 USC 3100 note.>> are 
        repealed.
SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.

    (a) In General.--Section 31313 of title 49, United States Code, is 
amended to read as follows:
``Sec. 31313. Commercial driver's license program implementation 
                    financial assistance program

    ``(a) Financial Assistance Program.--

[[Page 129 STAT. 1528]]

            ``(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.''.

[[Page 129 STAT. 1529]]

    (b) Clerical Amendment.--The analysis for chapter 313 of title 49, 
United States Code, <<NOTE: 49 USC prec. 31301.>> 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.

    (a) Motor Carrier Safety Assistance Program Grant Extension.--
Section 31104(a) of title 49, United States Code, is amended by striking 
paragraphs (10) and (11) and inserting the following:
            ``(10) $218,000,000 for fiscal year 2015; and
            ``(11) $218,000,000 for fiscal year 2016.''.

    (b) Extension of Grant Programs.--Section 4101(c) of SAFETEA-LU (119 
Stat. 1715; Public Law 109-59) is amended to read as follows:
    ``(c) Authorization of Appropriations.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
            ``(1) Commercial driver's license program improvement 
        grants.--For carrying out the commercial driver's license 
        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.''.

    (c) High-Priority Activities.--Section 31104(j)(2) of title 49, 
United States Code, as redesignated by this subtitle, is amended by 
striking ``2015'' the first place it appears and all that follows 
through ``for States,'' and inserting ``2016 for States,''.
    (d) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United 
States Code, is amended to read as follows:
                    ``(B) Set aside.--The Secretary shall set aside from 
                amounts made available under section 31104(a) up to 
                $32,000,000 for fiscal year 2016 for audits of new 
                entrant motor carriers conducted under this 
                paragraph.''.

    (e) Grant Program for Commercial Motor Vehicle 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.''.
    (f) Commercial Vehicle Information Systems and Networks 
Deployment.--

[[Page 129 STAT. 1530]]

            (1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 
        note; 119 Stat. 1738; Public Law 109-59) is amended--
                    (A) in subsection (c)--
                          (i) in paragraph (2) by adding at the end the 
                      following: ``Funds deobligated by the Secretary 
                      from previous year grants shall not be counted 
                      toward the $2,500,000 maximum aggregate amount for 
                      core deployment.''; and
                          (ii) in paragraph (3) by adding at the end the 
                      following: ``Funds may also be used for planning 
                      activities, including the development or updating 
                      of program or top level design plans.''; and
                    (B) 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.''.
            (2) Innovative technology deployment program.--For fiscal 
        year 2016, the commercial vehicle information systems and 
        networks deployment program under section 4126 of SAFETEA-LU 
        (119 Stat. 1738; Public Law 109-59) may also be referred to as 
        the innovative technology deployment program.
SEC. 5106. <<NOTE: 49 USC 31102 note.>> MOTOR CARRIER SAFETY 
                          ASSISTANCE PROGRAM ALLOCATION.

    (a) Working Group.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall establish a motor 
        carrier safety assistance program formula working group (in this 
        section referred to as the ``working group'').
            (2) Membership.--
                    (A) In general.--Subject to subparagraph (B), the 
                working group shall consist of representatives of the 
                following:
                          (i) The Federal Motor Carrier Safety 
                      Administration.
                          (ii) The lead State commercial motor vehicle 
                      safety agencies responsible for administering the 
                      plan required by section 31102 of title 49, United 
                      States Code.
                          (iii) An organization representing State 
                      agencies responsible for enforcing a program for 
                      inspection of commercial motor vehicles.
                          (iv) Such other persons as the Secretary 
                      considers necessary.
                    (B) Composition.--Representatives of State 
                commercial motor vehicle safety agencies shall comprise 
                at least 51 percent of the membership.
            (3) New allocation formula.--The working group shall analyze 
        requirements and factors for the establishment of a new 
        allocation formula for the motor carrier safety assistance 
        program under section 31102 of title 49, United States Code.
            (4) Recommendation.--Not later than 1 year after the date 
        the working group is established under paragraph (1), the 
        working group shall make a recommendation to the Secretary 
        regarding a new allocation formula for the motor carrier safety 
        assistance program.

[[Page 129 STAT. 1531]]

            (5) Exemption.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the working group established under 
        this subsection.
            (6) Publication.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall publish on a publicly 
        accessible Internet Web site of the Federal Motor Carrier Safety 
        Administration--
                    (A) detailed summaries of the meetings of the 
                working group; and
                    (B) the final recommendation of the working group 
                provided to the Secretary.

    (b) Notice of Proposed Rulemaking.--After receiving the 
recommendation of the working group under subsection (a)(4), the 
Secretary shall publish in the Federal Register a notice seeking public 
comment on the establishment of a new allocation formula for the motor 
carrier safety assistance program.
    (c) Basis for Formula.--The Secretary shall ensure that the new 
allocation formula for the motor carrier safety assistance program is 
based on factors that reflect, at a minimum--
            (1) the relative needs of the States to comply with section 
        31102 of title 49, United States Code;
            (2) the relative administrative capacities of and challenges 
        faced by States in complying with that section;
            (3) the average of each State's new entrant motor carrier 
        inventory for the 3-year period prior to the date of enactment 
        of this Act;
            (4) the number of international border inspection facilities 
        and border crossings by commercial vehicles in each State; and
            (5) any other factors the Secretary considers appropriate.

    (d) Funding Amounts Prior to Development of New Allocation 
Formula.--
            (1) Interim formula.--Prior to the development of the new 
        allocation formula for the motor carrier safety assistance 
        program, the Secretary may calculate the interim funding amounts 
        for that program in fiscal year 2017 (and later fiscal years, as 
        necessary) under section 31104(a)(1) of title 49, United States 
        Code, as amended by this subtitle, by using the following 
        methodology:
                    (A) The Secretary shall calculate the funding amount 
                to a State using the allocation formula the Secretary 
                used to award motor carrier safety assistance program 
                funding in fiscal year 2016 under section 31102 of title 
                49, United States Code.
                    (B) The Secretary shall average the funding awarded 
                or other equitable amounts to a State in fiscal years 
                2013, 2014, and 2015 for--
                          (i) border enforcement grants under section 
                      31107 of title 49, United States Code; and
                          (ii) new entrant audit grants under section 
                      31144(g)(5) of that title.
                    (C) The Secretary shall add the amounts calculated 
                in subparagraphs (A) and (B).
            (2) Adjustments.--Subject to the availability of funding and 
        notwithstanding fluctuations in the data elements used by the 
        Secretary, the initial amounts resulting from the calculation 
        described in paragraph (1) shall be adjusted to ensure

[[Page 129 STAT. 1532]]

        that, for each State, the amount shall not be less than 97 
        percent of the average amount of funding received or other 
        equitable amounts in fiscal years 2013, 2014, and 2015 for--
                    (A) motor carrier safety assistance program funds 
                awarded to the State under section 31102 of title 49, 
                United States Code;
                    (B) border enforcement grants awarded to the State 
                under section 31107 of title 49, United States Code; and
                    (C) new entrant audit grants awarded to the State 
                under section 31144(g)(5) of title 49, United States 
                Code.
            (3) Immediate relief.--On the date of enactment of this Act, 
        and for the 3 fiscal years following the implementation of the 
        new allocation formula, the Secretary shall terminate the 
        withholding of motor carrier safety assistance program funds 
        from a State if the State was subject to the withholding of such 
        funds for matters of noncompliance immediately prior to the date 
        of enactment of this Act.
            (4) Future withholdings.--Beginning on the date that the new 
        allocation formula for the motor carrier safety 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.

    (e) Termination of Working Group.--The working group established 
under subsection (a) shall terminate on the date of the implementation 
of the new allocation formula for the motor carrier safety assistance 
program.
SEC. 5107. <<NOTE: 49 USC 31102 note.>> MAINTENANCE OF EFFORT 
                          CALCULATION.

    (a) Before New Allocation Formula.--
            (1) Fiscal year 2017.--If a new allocation formula for the 
        motor carrier safety assistance program has not been 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.
            (2) 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.

    (b) Beginning With New Allocation Formation.--
            (1) In general.--Subject to paragraphs (2) and (3)(B), 
        beginning on the date that a new allocation formula for the 
        motor carrier safety assistance program is established under 
        this subtitle, upon the request of a State, the Secretary may 
        waive or modify the baseline maintenance of effort required of 
        the State by section 31102(f) of title 49, United States Code, 
        as amended by this subtitle, for the purpose of establishing a 
        new baseline maintenance of effort if the Secretary determines 
        that a waiver or modification--
                    (A) is equitable due to reasonable circumstances;

[[Page 129 STAT. 1533]]

                    (B) will ensure the continuation of commercial motor 
                vehicle enforcement activities in the State; and
                    (C) is necessary to ensure that the total amount of 
                State maintenance of effort and matching expenditures 
                required under sections 31102 and 31104 of title 49, 
                United States Code, as amended by this subtitle, does 
                not exceed a sum greater than the average of the total 
                amount of State maintenance of effort and matching 
                expenditures required under those sections for the 3 
                fiscal years prior to the date of enactment of this Act.
            (2) Adjustment methodology.--If requested by a State, the 
        Secretary may modify the maintenance of effort baseline referred 
        to in paragraph (1) for the State according to the following 
        methodology:
                    (A) The Secretary shall establish the maintenance of 
                effort baseline for the State using the average baseline 
                of fiscal years 2004 and 2005, as required by section 
                31102(b)(4) of title 49, United States Code, as that 
                section was in effect on the day before the date of 
                enactment of this Act.
                    (B) The Secretary shall calculate the average 
                required match by a lead State commercial motor vehicle 
                safety agency for fiscal years 2013, 2014, and 2015 for 
                motor carrier safety assistance grants established at 20 
                percent by section 31103 of title 49, United States 
                Code, as that section was in effect on the day before 
                the date of enactment of this Act.
                    (C) The Secretary shall calculate the estimated 
                match required under section 31104(b) of title 49, 
                United States Code, as amended by this subtitle.
                    (D) The Secretary shall subtract the amount in 
                subparagraph (B) from the amount in subparagraph (C) 
                and--
                          (i) if the number is greater than 0, the 
                      Secretary shall subtract the number from the 
                      amount in subparagraph (A); or
                          (ii) if the number is not greater than 0, the 
                      Secretary shall calculate the maintenance of 
                      effort using the methodology in subparagraph (A).
            (3) Maintenance of effort amount.--
                    (A) In general.--The Secretary shall use the amount 
                calculated under paragraph (2) as the baseline 
                maintenance of effort required under section 31102(f) of 
                title 49, United States Code, as amended by this 
                subtitle.
                    (B) Deadline.--If a State does not request a waiver 
                or modification under this subsection before September 
                30 during the first fiscal year that the Secretary 
                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).
            (4) Maintenance of effort described.--The maintenance of 
        effort calculated under this section is the amount required 
        under section 31102(f) of title 49, United States Code, as 
        amended by this subtitle.

    (c) Termination of Effectiveness.--The authority of the Secretary 
under this section shall terminate effective on the date

[[Page 129 STAT. 1534]]

that a new maintenance of effort baseline is calculated based on a new 
allocation formula for the motor carrier safety assistance program 
implemented under section 31102 of title 49, United States Code.

     Subtitle B--Federal Motor Carrier Safety Administration Reform

                        PART I--REGULATORY REFORM

SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.

    Section 13906(e) of title 49, United States Code, is amended by 
inserting ``or suspend'' after ``revoke''.
SEC. 5202. REGULATIONS.

    Section 31136 of title 49, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g) and 
        transferring such subsection to appear at the end of section 
        31315 of such title; and
            (2) by adding at the end the following:

    ``(f) Regulatory Impact Analysis.--
            ``(1) In general.--Within each regulatory impact analysis of 
        a proposed or final major rule issued by the Federal Motor 
        Carrier Safety Administration, the Secretary shall, whenever 
        practicable--
                    ``(A) consider the effects of the proposed or final 
                rule on different segments of the motor carrier 
                industry; and
                    ``(B) formulate estimates and findings based on the 
                best available science.
            ``(2) Scope.--To the extent feasible and appropriate, and 
        consistent with law, an analysis described in paragraph (1) 
        shall--
                    ``(A) use data that is representative of commercial 
                motor vehicle operators or motor carriers, or both, that 
                will be impacted by the proposed or final rule; and
                    ``(B) consider the effects on commercial truck and 
                bus carriers of various sizes and types.

    ``(g) Public Participation.--
            ``(1) In general.--If a proposed rule under this part is 
        likely to lead to the promulgation of a major rule, the 
        Secretary, before publishing such proposed rule, shall--
                    ``(A) issue an advance notice of proposed 
                rulemaking; or
                    ``(B) proceed with a negotiated rulemaking.
            ``(2) Requirements.--Each advance notice of proposed 
        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.

[[Page 129 STAT. 1535]]

            ``(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. <<NOTE: 49 USC 113 note.>> GUIDANCE.

    (a) In General.--
            (1) 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.
            (2) Public accessibility.--
                    (A) In general.--Each guidance document issued or 
                revised by the Federal Motor Carrier Safety 
                Administration shall be published on a publicly 
                accessible Internet Web site of the Department on the 
                date of issuance or revision.
                    (B) Redaction.--The Administrator of the Federal 
                Motor Carrier Safety Administration may redact from a 
                guidance document published under subparagraph (A) any 
                information that would reveal investigative techniques 
                that would compromise Administration enforcement 
                efforts.
            (3) Incorporation into regulations.--Not later than 5 years 
        after the date on which a guidance document is published under 
        paragraph (2) or during an applicable review under subsection 
        (c), whichever is earlier, the Secretary shall revise 
        regulations to incorporate the guidance document to the extent 
        practicable.
            (4) Reissuance.--If a guidance document is not incorporated 
        into regulations in accordance with paragraph (3), the 
        Administrator shall--
                    (A) reissue an updated version of the guidance 
                document; and
                    (B) 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.

    (b) Initial Review.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall review all guidance 
documents issued by the Federal Motor Carrier Safety 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).
    (c) Regular Review.--
            (1) 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--
                    (A) consistent and clear;

[[Page 129 STAT. 1536]]

                    (B) uniformly and consistently enforced; and
                    (C) still necessary.
            (2) Notice and comment.--Prior to beginning a review under 
        paragraph (1), the Administrator shall publish in the Federal 
        Register a notice and request for comment that solicits input 
        from stakeholders on which guidance documents should be updated 
        or eliminated.
            (3) Report.--
                    (A) In general.--Not later than 60 days after the 
                date on which a review under paragraph (1) is completed, 
                the Administrator shall publish on a publicly accessible 
                Internet Web site of the Department a report detailing 
                the review and a full inventory of the guidance 
                documents of the Administration.
                    (B) Contents.--A report under subparagraph (A) shall 
                include a summary of the response of the Administration 
                to comments received under paragraph (2).

    (d) Guidance Document Defined.--In this section, the term ``guidance 
document'' means a document issued by the Federal Motor Carrier Safety 
Administration that--
            (1) provides an interpretation of a regulation of the 
        Administration; or
            (2) includes an enforcement policy of the Administration 
        available to the public.
SEC. 5204. <<NOTE: 49 USC 113 note.>> PETITIONS.

    (a) In General.--The Administrator of the Federal Motor Carrier 
Safety Administration shall--
            (1) publish on a publicly accessible Internet Web site of 
        the Department a summary of all petitions for regulatory action 
        submitted to the Administration;
            (2) prioritize the petitions submitted based on the 
        likelihood of safety improvements resulting from the regulatory 
        action requested;
            (3) not later than 180 days after the date a summary of a 
        petition is published under paragraph (1), formally respond to 
        such petition by indicating whether the Administrator will 
        accept, deny, or further review the petition;
            (4) prioritize responses to petitions consistent with a 
        petition's potential to reduce crashes, improve enforcement, and 
        reduce unnecessary burdens; and
            (5) not later than 60 days after the date of receipt of a 
        petition, publish on a publicly accessible Internet Web site of 
        the Department an updated inventory of the petitions described 
        in paragraph (1), including any applicable disposition 
        information for those petitions.

    (b) Treatment of Multiple Petitions.--The Administrator may treat 
multiple similar petitions as a single petition for the purposes of 
subsection (a).
    (c) Petition Defined.--In this section, the term ``petition'' means 
a request for--
            (1) a new regulation;
            (2) a regulatory interpretation or clarification; or
            (3) a determination by the Administrator that a regulation 
        should be modified or eliminated because it is--
                    (A) no longer--
                          (i) consistent and clear;

[[Page 129 STAT. 1537]]

                          (ii) current with the operational realities of 
                      the motor carrier industry; or
                          (iii) uniformly enforced;
                    (B) ineffective; or
                    (C) overly burdensome.
SEC. 5205. <<NOTE: 49 USC 31148 note.>> 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.

    (a) Review Process.--Section 31315(b) of title 49, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence by striking ``paragraph 
                (3)'' and inserting ``this subsection''; and
                    (B) by striking the second sentence;
            (2) by redesignating paragraphs (2) through (7) as 
        paragraphs (4) through (9), respectively; and
            (3) by inserting after paragraph (1) the following:
            ``(2) Length of exemption and renewal.--An exemption may be 
        granted under paragraph (1) for no longer than 5 years and may 
        be renewed, upon request, for subsequent 5-year periods if the 
        Secretary continues to make the finding under paragraph (1).
            ``(3) Opportunity for resubmission.--If the Secretary denies 
        an application under paragraph (1) and the applicant can 
        reasonably address the reason for the denial, the Secretary may 
        allow the applicant to resubmit the application.''.

    (b) <<NOTE: 49 USC 31315 note.>> Administrative Exemptions.--
            (1) In general.--The Secretary shall make permanent the 
        following limited exemptions:
                    (A) Perishable construction products, as published 
                in the Federal Register on April 2, 2015 (80 Fed. Reg. 
                17819).
                    (B) Transport of commercial bee hives, as published 
                in the Federal Register on June 19, 2015 (80 Fed. Reg. 
                35425).
                    (C) Safe transport of livestock, as published in the 
                Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
            (2) Additional administrative exemptions.--Any 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--
                    (A) except as otherwise provided in section 31315(b) 
                of title 49, shall be valid for a period of 5 years from 
                the date such exemption was granted; and
                    (B) may be subject to renewal under section 
                31315(b)(2) of title 49, United States Code.

[[Page 129 STAT. 1538]]

           PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

SEC. 5221. <<NOTE: 49 USC 31100 note.>> CORRELATION STUDY.

    (a) 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--
            (1) the Compliance, Safety, Accountability program of the 
        Federal Motor Carrier Safety Administration (referred to in this 
        part as the ``CSA program''); and
            (2) the Safety Measurement System utilized by the CSA 
        program (referred to in this part as the ``SMS'').

    (b) Scope of Study.--In carrying out the study commissioned pursuant 
to subsection (a), the National Research Council--
            (1) shall analyze--
                    (A) the accuracy with which the Behavior Analysis 
                and Safety Improvement Categories (referred to in this 
                part as ``BASIC'')--
                          (i) identify high risk carriers; and
                          (ii) predict or are correlated with future 
                      crash risk, crash severity, or other safety 
                      indicators for motor carriers, including the 
                      highest risk carriers;
                    (B) the methodology used to calculate BASIC 
                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;
                    (C) the relative value of inspection information and 
                roadside enforcement data;
                    (D) 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;
                    (E) the accuracy of safety data, including the use 
                of crash data from crashes in which a motor carrier was 
                free from fault;
                    (F) whether BASIC percentiles for motor carriers of 
                passengers should be calculated separately from motor 
                carriers of freight;
                    (G) 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
                    (H) how members of the public use the SMS and what 
                effect making the SMS information public has had on 
                reducing crashes and eliminating unsafe motor carriers 
                from the industry; and
            (2) shall consider--
                    (A) whether the SMS provides comparable precision 
                and confidence, through SMS alerts and percentiles, for 
                the relative crash risk of individual large and small 
                motor carriers;
                    (B) whether alternatives to the SMS would identify 
                high risk carriers more accurately; and

[[Page 129 STAT. 1539]]

                    (C) 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.

    (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Administrator shall--
            (1) submit a report containing the results of the study 
        commissioned pursuant to subsection (a) to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (C) the Inspector General of the Department; and
            (2) publish the report on a publicly accessible Internet Web 
        site of the Department.

    (d) Corrective Action Plan.--
            (1) In general.--Not later than 120 days after the 
        Administrator submits the report under subsection (c), if that 
        report identifies a deficiency or opportunity for improvement in 
        the CSA program or in any element of the SMS, the 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--
                    (A) responds to the deficiencies or opportunities 
                identified by the report;
                    (B) identifies how the Federal Motor Carrier Safety 
                Administration will address such deficiencies or 
                opportunities; and
                    (C) provides an estimate of the cost, including with 
                respect to changes in staffing, enforcement, and data 
                collection, necessary to address such deficiencies or 
                opportunities.
            (2) Program reforms.--The corrective action plan submitted 
        under paragraph (1) shall include an implementation plan that--
                    (A) includes benchmarks;
                    (B) includes programmatic reforms, revisions to 
                regulations, or proposals for legislation; and
                    (C) shall be considered in any rulemaking by the 
                Department that relates to the CSA program, including 
                the SMS or data analysis under the SMS.

    (e) Inspector General Review.--Not later than 120 days after the 
Administrator submits a corrective action plan under subsection (d), the 
Inspector General of the Department shall--
            (1) review the extent to which such plan addresses--
                    (A) recommendations contained in the report 
                submitted under subsection (c); and
                    (B) relevant recommendations issued by the 
                Comptroller General or the Inspector General before the 
                date of enactment of this Act; and
            (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 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).

[[Page 129 STAT. 1540]]

SEC. 5222. <<NOTE: 49 USC 31100 note.>> BEYOND COMPLIANCE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Administrator shall allow recognition, 
including credit or an improved SMS percentile, for a motor carrier 
that--
            (1) installs advanced safety equipment;
            (2) uses enhanced driver fitness measures;
            (3) adopts fleet safety management tools, technologies, and 
        programs; or
            (4) satisfies other standards determined appropriate by the 
        Administrator.

    (b) Implementation.--The Administrator shall carry out subsection 
(a) by--
            (1) incorporating a methodology into the CSA program; or
            (2) establishing a safety BASIC in the SMS.

    (c) Process.--
            (1) In general.--The Administrator, after providing notice 
        and an opportunity for comment, shall develop a process for 
        identifying and reviewing advanced safety equipment, enhanced 
        driver fitness measures, fleet safety management tools, 
        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).
            (2) Contents.--A process developed under paragraph (1) 
        shall--
                    (A) 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
                    (B) 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.

    (d) Qualification.--The Administrator, after providing notice and an 
opportunity for comment, shall develop technical or other performance 
standards with respect to advanced safety equipment, enhanced driver 
fitness measures, fleet safety management tools, technologies, and 
programs, and other standards for purposes of subsection (a).
    (e) Monitoring.--The Administrator may authorize qualified entities 
to monitor motor carriers that receive recognition, including credit or 
an improved SMS percentile, under this section through a no-cost 
contract structure.
    (f) Dissemination of Information.--The Administrator shall maintain 
on a publicly accessible Internet Web site of the Department information 
on--
            (1) 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;
            (2) any petitions for review of advanced safety equipment, 
        enhanced driver fitness measures, fleet safety management tools, 
        technologies, and programs, and other standards; and
            (3) any relevant statistics relating to the use of advanced 
        safety equipment, enhanced driver fitness measures, fleet safety

[[Page 129 STAT. 1541]]

        management tools, technologies, and programs, and other 
        standards.

    (g) Report.--Not later than 3 years after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the--
            (1) number of motor carriers receiving recognition, 
        including credit or an improved SMS percentile, under this 
        section; and
            (2) safety performance of such carriers.
SEC. 5223. <<NOTE: 49 USC 31100 note.>> DATA CERTIFICATION.

    (a) In General.--On and after the date that is 1 day after the date 
of enactment of this Act, no information regarding analysis of 
violations, crashes in which a determination is made that the motor 
carrier or the commercial motor vehicle driver is not at fault, alerts, 
or the relative percentile for each BASIC developed under the CSA 
program may be made available to the general public until the Inspector 
General of the Department certifies that--
            (1) the report required under section 5221(c) has been 
        submitted in accordance with that section;
            (2) any deficiencies identified in the report required under 
        section 5221(c) have been addressed;
            (3) if applicable, the corrective action plan under section 
        5221(d) has been implemented;
            (4) the Administrator of the Federal Motor Carrier Safety 
        Administration has fully implemented or satisfactorily addressed 
        the issues raised in the report titled ``Modifying the 
        Compliance, Safety, Accountability Program Would Improve the 
        Ability to Identify High Risk Carriers'' of the Government 
        Accountability Office and dated February 2014 (GAO-14-114); and
            (5) the Secretary has initiated modification of the CSA 
        program in accordance with section 5222.

    (b) Limitation on the Use of CSA Analysis.--Information regarding 
alerts and the relative percentile for each BASIC 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).
    (c) 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.
    (d) Exceptions.--
            (1) In general.--Notwithstanding any other provision of this 
        section--
                    (A) the Federal Motor Carrier Safety Administration 
                and State and local commercial motor vehicle enforcement 
                agencies may use the information referred to in 
                subsection (a) for purposes of investigation and 
                enforcement prioritization;
                    (B) a motor carrier and a commercial motor vehicle 
                driver may access information referred to in subsection

[[Page 129 STAT. 1542]]

                (a) that relates directly to the motor carrier or 
                driver, respectively; and
                    (C) a data analysis of motorcoach operators may be 
                provided online with a notation indicating that the 
                ratings or alerts listed are not intended to imply any 
                Federal safety rating of the carrier.
            (2) Notation.--The notation described in paragraph (1)(C) 
        shall include the following: ``Readers should not draw 
        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.''.
            (3) Rule of construction.--Nothing in this section may be 
        construed to restrict the official use by State enforcement 
        agencies of the data collected by State enforcement personnel.
SEC. 5224. <<NOTE: 49 USC 31100 note.>> DATA IMPROVEMENT.

    (a) Functional Specifications.--The Administrator shall develop 
functional specifications to ensure the consistent and accurate input of 
data into systems and databases relating to the CSA program.
    (b) Functionality.--The functional specifications developed pursuant 
to subsection (a)--
            (1) shall provide for the hardcoding and smart logic 
        functionality for roadside inspection data collection systems 
        and databases; and
            (2) shall be made available to public and private sector 
        developers.

    (c) Effective Data Management.--The Administrator shall ensure that 
internal systems and databases accept and effectively manage data using 
uniform standards.
    (d) Consultation With the States.--Before implementing the 
functional specifications developed pursuant to subsection (a) or the 
standards described in subsection (c), the Administrator shall seek 
input from the State agencies responsible for enforcing section 31102 of 
title 49, United States Code.
SEC. 5225. ACCIDENT REVIEW.

    (a) In General.--Not later than 1 year after a certification under 
section 5223, the Secretary shall task the Motor Carrier Safety Advisory 
Committee with reviewing the treatment of preventable crashes under the 
SMS.
    (b) Duties.--Not later than 6 months after being tasked under 
subsection (a), the Motor Carrier Safety Advisory Committee shall make 
recommendations to the Secretary on a process to allow motor carriers 
and drivers to request that the Administrator make a determination with 
respect to the preventability of a crash, if such a process has not yet 
been established by the Secretary.
    (c) Report.--The Secretary shall--
            (1) review and consider the recommendations provided by the 
        Motor Carrier Safety Advisory Committee; and
            (2) report to Congress on how the Secretary intends to 
        address the treatment of preventable crashes.

    (d) Preventable Defined.--In this section, the term ``preventable'' 
has the meaning given that term in Appendix B of part

[[Page 129 STAT. 1543]]

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. <<NOTE: 49 USC 31136 note.>> WINDSHIELD TECHNOLOGY.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall revise the regulations in section 
393.60(e) of title 49, Code of Federal Regulations (relating to the 
prohibition on obstructions to the driver's field of view) to exempt 
from that section the voluntary mounting on a windshield of vehicle 
safety technology likely to achieve a level of safety that is equivalent 
to or greater than the level of safety that would be achieved absent the 
exemption.
    (b) Vehicle Safety Technology Defined.--In this section, the term 
``vehicle safety technology'' includes a fleet-related incident 
management system, performance or behavior management system, speed 
management system, lane departure warning system, forward collision 
warning or mitigation system, and active cruise control system and any 
other technology that the Secretary considers applicable.
    (c) Rule of Construction.--For purposes of this section, any 
windshield mounted technology with a short term exemption under part 381 
of title 49, Code of Federal Regulations, on the date of enactment of 
this Act, shall be considered likely to achieve a level of safety that 
is equivalent to or greater than the level of safety that would be 
achieved absent an exemption under subsection (a).
SEC. 5302. <<NOTE: 49 USC 113 note.>> 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.

    (a) 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.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an analysis of--
                    (A) alternatives for the reporting of equipment 
                failures in real time, including an Internet Web site or 
                telephone hotline;
                    (B) the ability of a commercial motor vehicle driver 
                or a motor carrier to provide to the Federal Motor 
                Carrier

[[Page 129 STAT. 1544]]

                Safety Administration proof of repair of a self-reported 
                equipment failure;
                    (C) the ability of the Federal Motor Carrier Safety 
                Administration to ensure that self-reported equipment 
                failures proven to be repaired are not used in the 
                calculation of Behavior Analysis and Safety Improvement 
                Category scores;
                    (D) the ability of roadside inspectors to access 
                self-reported equipment failures;
                    (E) the cost to establish and administer a self-
                reporting system;
                    (F) the ability for a self-reporting system to track 
                individual commercial motor vehicles through unique 
                identifiers; and
                    (G) whether a self-reporting system would yield 
                demonstrable safety benefits;
            (2) an identification of any regulatory or statutory 
        impediments to the implementation of a self-reporting system; 
        and
            (3) recommendations on implementing a self-reporting system.
SEC. 5304. NEW ENTRANT SAFETY REVIEW PROGRAM.

    (a) In General.--The Secretary shall conduct an assessment of the 
new operator safety review program under section 31144(g) of title 49, 
United States Code, including the program's effectiveness in reducing 
crashes, fatalities, and injuries involving commercial motor vehicles 
and improving commercial motor vehicle safety.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall publish on a publicly accessible Internet 
Web site of the Department and submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the assessment conducted under subsection (a), 
including any recommendations for improving the effectiveness of the 
program (including recommendations for legislative changes).
SEC. 5305. <<NOTE: 49 USC 31144 note.>> HIGH RISK CARRIER REVIEWS.

    (a) In General.--The Secretary shall ensure that a review is 
completed on each motor carrier that demonstrates through performance 
data that it poses the highest safety risk. At a minimum, a review shall 
be conducted whenever a motor carrier is among the highest risk carriers 
for 4 consecutive months.
    (b) Report.--The Secretary shall post on a public Web site a report 
on the actions the Secretary has taken to comply with this section, 
including the number of high risk carriers identified and the high risk 
carriers reviewed.
    (c) Conforming Amendment.--Section 4138 of SAFETEA-LU (49 U.S.C. 
31144 note), and the item relating to that section in the table of 
contents in section 1(b) of that Act, are repealed.
SEC. 5306. POST-ACCIDENT REPORT REVIEW.

    (a) In General.--Not later than 120 days after the date of enactment 
of this Act, the Secretary shall convene a working group--
            (1) to review the data elements of post-accident reports, 
        for tow-away accidents involving commercial motor vehicles, that 
        are reported to the Federal Government; and

[[Page 129 STAT. 1545]]

            (2) 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).

    (b) Composition.--Not less than 51 percent of the working group 
should be composed of individuals representing the States or State law 
enforcement officials. The remaining members of the working group shall 
represent industry, labor, safety advocates, and other interested 
parties.
    (c) Considerations.--The working group shall consider requiring 
additional data elements, including--
            (1) the primary cause of the accident, if the primary cause 
        can be determined; and
            (2) the physical characteristics of the commercial motor 
        vehicle and any other vehicle involved in the accident, 
        including--
                    (A) the vehicle configuration;
                    (B) the gross vehicle weight, if the weight can be 
                readily determined;
                    (C) the number of axles; and
                    (D) the distance between axles, if the distance can 
                be readily determined.

    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall--
            (1) review the findings of the working group;
            (2) identify the best practices for State post-accident 
        reports that are reported to the Federal Government, including 
        identifying the data elements that should be collected following 
        a tow-away commercial motor vehicle accident; and
            (3) recommend to the States the adoption of new data 
        elements to be collected following reportable commercial motor 
        vehicle accidents.

    (e) Termination.--The working group shall terminate not more than 
180 days after the date on which the Secretary makes recommendations 
under subsection (d)(3).
SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS.

    (a) In General.--For each rulemaking described in subsection (c), 
not later than 30 days after the date of enactment of this Act and every 
180 days thereafter until the rulemaking is complete, the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a written notification that includes--
            (1) for a rulemaking with a statutory deadline--
                    (A) an explanation of why the deadline was not met; 
                and
                    (B) an expected date of completion of the 
                rulemaking; and
            (2) for a rulemaking without a statutory deadline, an 
        expected date of completion of the rulemaking.

    (b) Additional Contents.--A notification submitted under subsection 
(a) shall include--
            (1) an updated rulemaking timeline;
            (2) a list of factors causing delays in the completion of 
        the rulemaking; and

[[Page 129 STAT. 1546]]

            (3) any other details associated with the status of the 
        rulemaking.

    (c) Rulemakings.--The Secretary shall submit a written notification 
under subsection (a) for each of the following rulemakings:
            (1) The rulemaking required under section 31306a(a)(1) of 
        title 49, United States Code.
            (2) The rulemaking required under section 31137(a) of title 
        49, United States Code.
            (3) The rulemaking required under section 31305(c) of title 
        49, United States Code.
            (4) The rulemaking required under section 31601 of division 
        C of MAP-21 (49 U.S.C. 30111 note).
            (5) A rulemaking concerning motor carrier safety fitness 
        determinations.
            (6) A rulemaking concerning commercial motor vehicle safety 
        required by an Act of Congress enacted on or after August 1, 
        2005, and incomplete for more than 2 years.

              Subtitle D--Commercial Motor Vehicle Drivers

SEC. 5401. OPPORTUNITIES FOR VETERANS.

    (a) Standards for Training and Testing of Veteran 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--

[[Page 129 STAT. 1547]]

                          ``(i) the Army National Guard of the United 
                      States;
                          ``(ii) the Army Reserve;
                          ``(iii) the Navy Reserve;
                          ``(iv) the Marine Corps Reserve;
                          ``(v) the Air National Guard of the United 
                      States;
                          ``(vi) the Air Force Reserve; and
                          ``(vii) the Coast Guard Reserve.''.

    (b) <<NOTE: 49 USC 31301 note.>> Implementation of Administrative 
Recommendations.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, in consultation with the Secretary of Defense, 
shall implement the recommendations contained in the report submitted 
under section 32308 of MAP-21 (49 U.S.C. 31301 note) that are not 
implemented as a result of the amendment in subsection (a).

    (c) <<NOTE: 49 USC 31311 note.>> Implementation of the Military 
Commercial Driver's License Act.--Not later than December 31, 2015, the 
Secretary shall issue final regulations to implement the exemption to 
the domicile requirement under section 31311(a)(12)(C) of title 49, 
United States Code.

    (d) Conforming Amendment.--Section 31311(a)(12)(C)(ii) of title 49, 
United States Code, is amended to read as follows:
                    ``(ii) is an active duty member of--
                          ``(I) the armed forces (as that term is 
                      defined in section 101(a) of title 10); or
                          ``(II) the reserve components (as that term is 
                      defined in section 31305(d)(2) of this title); 
                      and''.
SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.

    (a) In General.--Section 31306 of title 49, United States Code, is 
amended--
            (1) in subsection (b)(1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) in subparagraph (A) by striking ``The 
                regulations shall permit such motor carriers to conduct 
                preemployment testing of such employees for the use of 
                alcohol.''; and
                    (C) by inserting after subparagraph (A) the 
                following:

    ``(B) The regulations prescribed under subparagraph (A) shall permit 
motor carriers--
            ``(i) to conduct preemployment testing of commercial motor 
        vehicle operators for the use of alcohol; and
            ``(ii) to use hair testing as an acceptable alternative to 
        urine testing--
                    ``(I) in conducting preemployment testing for the 
                use of a controlled substance; and
                    ``(II) in conducting random testing for the use of a 
                controlled substance if the operator was subject to hair 
                testing for preemployment testing.'';
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A) by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(C) shall provide an exemption from hair testing for 
        commercial motor vehicle operators with established religious 
        beliefs that prohibit the cutting or removal of hair.''; and
            (3) in subsection (c)(2)--

[[Page 129 STAT. 1548]]

                    (A) in the matter preceding subparagraph (A) by 
                inserting ``for urine testing, and technical guidelines 
                for hair testing,'' before ``including mandatory 
                guidelines'';
                    (B) in subparagraph (B) by striking ``and'' at the 
                end;
                    (C) in subparagraph (C) by inserting ``and'' after 
                the semicolon; and
                    (D) by adding at the end the following:
                    ``(D) laboratory protocols and cut-off levels for 
                hair testing to detect the use of a controlled 
                substance;''.

    (b) <<NOTE: 49 USC 31306 note.>> 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. <<NOTE: 49 USC 31149 note.>> MEDICAL CERTIFICATION OF 
                          VETERANS FOR COMMERCIAL DRIVER'S 
                          LICENSES.

    (a) In General.--In the case of a physician-approved veteran 
operator, the qualified physician of such operator may, subject to the 
requirements of subsection (b), perform a medical examination and 
provide a medical certificate for purposes of compliance with the 
requirements of section 31149 of title 49, United States Code.
    (b) Certification.--The certification described under subsection (a) 
shall include--
            (1) assurances that the physician performing the medical 
        examination meets the requirements of a qualified physician 
        under this section; and
            (2) certification that the physical condition of the 
        operator is adequate to enable such operator to operate a 
        commercial motor vehicle safely.

    (c) National Registry of Medical Examiners.--The 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.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Physician-approved veteran operator.--The term 
        ``physician-approved veteran operator'' means an operator of a 
        commercial motor vehicle who--
                    (A) is a veteran who is enrolled in the health care 
                system established under section 1705(a) of title 38, 
                United States Code; and
                    (B) is required to have a current valid medical 
                certificate pursuant to section 31149 of title 49, 
                United States Code.
            (2) Qualified physician.--The term ``qualified physician'' 
        means a physician who--
                    (A) is employed in the Department of Veterans 
                Affairs;
                    (B) is familiar with the standards for, and physical 
                requirements of, an operator certified pursuant to 
                section 31149 of title 49, United States Code; and

[[Page 129 STAT. 1549]]

                    (C) has never, with respect to such section, been 
                found to have acted fraudulently, including by 
                fraudulently awarding a medical certificate.
            (3) Veteran.--The term ``veteran'' has the meaning given the 
        term in section 101 of title 38, United States Code.

    (e) Statutory Construction.--Nothing in this section shall be 
construed to change any statutory penalty associated with fraud or 
abuse.
SEC. 5404. <<NOTE: 49 USC 31315 note.>> COMMERCIAL DRIVER PILOT 
                          PROGRAM.

    (a) In General.--The Secretary shall establish a pilot program under 
section 31315(c) of title 49, United States Code, to study the 
feasibility, benefits, and safety impacts of allowing a covered driver 
to operate a commercial motor vehicle in interstate commerce.
    (b) Data Collection.--The Secretary shall collect and analyze data 
relating to accidents in which--
            (1) a covered driver participating in the pilot program is 
        involved; and
            (2) a driver under the age of 21 operating a commercial 
        motor vehicle in intrastate commerce is involved.

    (c) Limitations.--A driver participating in the pilot program may 
not--
            (1) transport--
                    (A) passengers; or
                    (B) hazardous cargo; or
            (2) operate a vehicle in special configuration.

    (d) Working Group.--
            (1) Establishment.--The Secretary shall conduct, monitor, 
        and evaluate the pilot program in consultation with a working 
        group to be established by the Secretary consisting of 
        representatives of the armed forces, industry, drivers, safety 
        advocacy organizations, and State licensing and enforcement 
        officials.
            (2) 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.

    (e) 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.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Accident.--The term ``accident'' has the meaning given 
        that term in section 390.5 of title 49, Code of Federal 
        Regulations, as in effect on the date of enactment of this Act.
            (2) Armed forces.--The term ``armed forces'' has the meaning 
        given that term in section 101(a) of title 10, United States 
        Code.
            (3) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given that term in section 31301 of 
        title 49, United States Code.
            (4) Covered driver.--The term ``covered driver'' means an 
        individual who is--
                    (A) between the ages of 18 and 21;
                    (B) a member or former member of the--
                          (i) armed forces; or

[[Page 129 STAT. 1550]]

                          (ii) reserve components (as defined in section 
                      31305(d)(2) of title 49, United States Code, as 
                      added by this Act); and
                    (C) qualified in a Military Occupational Specialty 
                to operate a commercial motor vehicle or similar 
                vehicle.

                     Subtitle E--General Provisions

SEC. 5501. DELAYS IN GOODS MOVEMENT.

    (a) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Inspector General of the 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.
            (2) Contents.--The report under paragraph (1) shall 
        include--
                    (A) an assessment of how delays impact--
                          (i) the economy;
                          (ii) the efficiency of the transportation 
                      system;
                          (iii) motor carrier safety, including the 
                      extent to which delays result in violations of 
                      motor carrier safety regulations; and
                          (iv) the livelihood of motor carrier drivers; 
                      and
                    (B) recommendations on how delays could be 
                mitigated.

    (b) <<NOTE: 49 USC 14103 note.>> 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.

    (a) In General.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall establish a working 
        group to determine best practices for expeditious State approval 
        of special permits for vehicles involved in emergency response 
        and recovery.
            (2) Members.--The working group shall include 
        representatives from--
                    (A) State highway transportation departments or 
                agencies;
                    (B) relevant modal agencies within the Department;
                    (C) emergency response or recovery experts;
                    (D) relevant safety groups; and
                    (E) entities affected by special permit restrictions 
                during emergency response and recovery efforts.

    (b) Considerations.--In determining best practices under subsection 
(a), the working group shall consider whether--

[[Page 129 STAT. 1551]]

            (1) impediments currently exist that prevent expeditious 
        State approval of special permits for vehicles involved in 
        emergency response and recovery;
            (2) it is possible to pre-identify and establish emergency 
        routes between States through which infrastructure repair 
        materials could be delivered following a natural disaster or 
        emergency;
            (3) a State could pre-designate an emergency route 
        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
            (4) an online map could be created to identify each pre-
        designated emergency route under paragraph (3), including 
        information on specific limitations, obligations, and 
        notification requirements along that route.

    (c) Report.--
            (1)  Submission.--Not later than 1 year after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary a report on its findings under this section and any 
        recommendations for the implementation of best practices for 
        expeditious State approval of special permits for vehicles 
        involved in emergency response and recovery.
            (2) Publication.--Not later than 30 days after the date the 
        Secretary receives the report under paragraph (1), the Secretary 
        shall publish the report on a publicly accessible Internet Web 
        site of the Department.

    (d) Notification.--Not later than 6 months after the date the 
Secretary receives the report under subsection (c)(1), the 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.
    (e) Termination.--The working group shall terminate 1 year after the 
date the Secretary receives the report under subsection (c)(1).
SEC. 5503. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING GROUP.

    (a) Working Group.--The Secretary shall establish a working group 
for the purpose of developing recommendations on how to best convey to 
consumers relevant information with respect to the Federal laws 
concerning the interstate transportation of household goods by motor 
carrier.
    (b) Membership.--The Secretary shall ensure that the working group 
is comprised of individuals with expertise in consumer affairs, 
educators with expertise in how people learn most effectively, and 
representatives of the household goods moving industry.
    (c) Recommendations.--
            (1) Contents.--The recommendations developed by the working 
        group shall include recommendations on--
                    (A) condensing publication ESA 03005 of the Federal 
                Motor Carrier Safety Administration into a format that 
                is more easily used by consumers;

[[Page 129 STAT. 1552]]

                    (B) using state-of-the-art education techniques and 
                technologies, including optimizing the use of the 
                Internet as an educational tool; and
                    (C) reducing and simplifying the paperwork required 
                of motor carriers and shippers in interstate 
                transportation.
            (2) Deadline.--Not later than 1 year after the date of 
        enactment of this Act--
                    (A) the working group shall make the recommendations 
                described in paragraph (1); and
                    (B) the Secretary shall publish the recommendations 
                on a publicly accessible Internet Web site of the 
                Department.

    (d) Report.--Not later than 1 year after the date on which the 
working group makes its recommendations under subsection (c)(2), the 
Secretary shall issue a report to Congress on the implementation of such 
recommendations.
    (e) Termination.--The working group shall terminate 1 year after the 
date the working group makes its recommendations under subsection 
(c)(2).
SEC. 5504. TECHNOLOGY IMPROVEMENTS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a comprehensive analysis of the information technology and 
data collection and management systems of the Federal Motor Carrier 
Safety Administration.
    (b) Requirements.--The study conducted under subsection (a) shall--
            (1) evaluate the efficacy of the existing information 
        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;
            (2) identify any redundancies among the systems, procedures, 
        and programs described in paragraph (1);
            (3) explore the feasibility of consolidating data collection 
        and processing systems;
            (4) evaluate the ability of the systems, procedures, and 
        programs described in paragraph (1) to meet the needs of--
                    (A) the Federal Motor Carrier Safety Administration, 
                at both the headquarters and State levels;
                    (B) the State agencies that implement the motor 
                carrier safety assistance program under section 31102 of 
                title 49, United States Code; and
                    (C) other users;
            (5) evaluate the adaptability of the systems, procedures, 
        and programs described in paragraph (1), in order to make 
        necessary future changes to ensure user needs are met in an 
        easier, timely, and more cost-efficient manner;
            (6) investigate and make recommendations regarding--
                    (A) deficiencies in existing data sets impacting 
                program effectiveness; and
                    (B) methods to improve user interfaces; and
            (7) identify the appropriate role the Federal Motor Carrier 
        Safety Administration should take with respect to software and 
        information systems design, development, and maintenance

[[Page 129 STAT. 1553]]

        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. <<NOTE: 49 USC 31305 note.>> REPORT ON COMMERCIAL 
                          DRIVER'S LICENSE SKILLS TEST DELAYS.

    Not later than 18 months after the date of enactment of this Act, 
and each year thereafter, the Administrator of the Federal Motor Carrier 
Safety Administration shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that--
            (1) describes, for each State, the status of skills testing 
        for applicants for a commercial driver's license, including--
                    (A) the average wait time from the date an applicant 
                requests to take a skills test to the date the applicant 
                has the opportunity to complete such test;
                    (B) the average wait time from the date an 
                applicant, upon failure of a skills test, requests a 
                retest to the date the applicant has the opportunity to 
                complete such retest;
                    (C) the actual number of qualified commercial 
                driver's license examiners available to test applicants; 
                and
                    (D) the number of testing sites available through 
                the State department of motor vehicles and whether this 
                number has increased or decreased from the previous 
                year; and
            (2) describes specific steps that the Administrator is 
        taking to address skills testing delays in States that have 
        average skills test or retest wait times of more than 7 days 
        from the date an applicant requests to test or retest to the 
        date the applicant has the opportunity to complete such test or 
        retest.
SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS.

    Section 31137(b) of title 49, United States Code, is amended--
            (1) in paragraph (1)(C) by striking ``apply to'' and 
        inserting ``except as provided in paragraph (3), apply to''; and
            (2) by adding at the end the following:
            ``(3) Exception.--A motor carrier, when transporting a motor 
        home or recreation vehicle trailer within the definition of the 
        term `driveaway-towaway operation' (as defined in section 390.5 
        of title 49, Code of Federal Regulations), may comply with the 
        hours of service requirements by requiring each driver to use--
                    ``(A) a paper record of duty status form; or
                    ``(B) an electronic logging device.''.

[[Page 129 STAT. 1554]]

SEC. 5508. TECHNICAL CORRECTIONS.

    (a) Title 49.--Title 49, United States Code, is amended as follows:
            (1) Section 13902(i)(2) is amended by inserting ``except 
        as'' before ``described''.
            (2) Section 13903(d) is amended by striking ``(d) 
        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''.
            (3) Section 13905(d)(2)(D) is amended--
                    (A) by striking ``the Secretary finds 
                that--'' and all that follows through ``(i) the motor 
                carrier,'' and inserting ``the Secretary finds that the 
                motor carrier,''; and
                    (B) by adding a period at the end.
            (4) Section 14901(h) is amended by striking ``Household 
        Goods'' in the heading.
            (5) Section 14916 is amended by striking the section 
        designation and heading and inserting the following:
``Sec. 14916. Unlawful brokerage activities''.

    (b) <<NOTE: 49 USC 14901 note.>> MAP-21.--Effective as of July 6, 
2012, and as if included therein as enacted, MAP-21 (Public Law 112-141) 
is amended as follows:
            (1) Section 32108(a)(4) (126 Stat. 782) <<NOTE: 49 USC 
        14901.>> is amended by inserting ``for'' before ``each 
        additional day'' in the matter proposed to be struck.
            (2) Section 32301(b)(3) (126 Stat. 786) <<NOTE: 49 USC 
        31137.>> is amended by striking ``by amending (a) to read as 
        follows:'' and inserting ``by striking subsection (a) and 
        inserting the following:''.
            (3) Section 32302(c)(2)(B) (126 Stat. 789) <<NOTE: 49 USC 
        31149 note.>> is amended by striking ``section 32303(c)(1)'' and 
        inserting ``section 32302(c)(1)''
            (4) Section 32921(b) (126 Stat. 828) <<NOTE: 49 USC 
        31144.>> is amended, in the matter to be inserted, by striking 
        ``(A) In addition'' and inserting the following:
                    ``(A) In general.--In addition''.
            (5) Section 32931(c) (126 Stat. 829) <<NOTE: 49 USC 
        31307.>> is amended--
                    (A) by striking ``Secretary'' and inserting 
                ``Secretary of Transportation'' in the matter to be 
                struck; and
                    (B) by striking ``Secretary'' and inserting 
                ``Secretary of Transportation'' in the matter to be 
                inserted.

    (c) Motor Carrier Safety Improvement Act of 1999.--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. <<NOTE: 49 USC 31138 note.>> MINIMUM FINANCIAL 
                          RESPONSIBILITY.

    (a) Transporting Property.--If the Secretary proceeds with a 
rulemaking to determine whether to increase the minimum levels of 
financial responsibility required under section 31139 of title 49, 
United States Code, the Secretary shall consider, prior to issuing a 
final rule--
            (1) the rulemaking's potential impact on--
                    (A) the safety of motor vehicle transportation; and
                    (B) the motor carrier industry;

[[Page 129 STAT. 1555]]

            (2) the ability of the insurance industry to provide the 
        required amount of insurance;
            (3) the extent to which current minimum levels of financial 
        responsibility adequately cover--
                    (A) medical care;
                    (B) compensation; and
                    (C) other identifiable costs;
            (4) the frequency with which insurance claims exceed current 
        minimum levels of financial responsibility in fatal accidents; 
        and
            (5) the impact of increased levels on motor carrier safety 
        and accident reduction.

    (b) Transporting Passengers.--
            (1) In general.--Prior to initiating a rulemaking to change 
        the minimum levels of financial responsibility under section 
        31138 of title 49, United States Code, the Secretary shall 
        complete a study specific to the minimum financial 
        responsibility requirements for motor carriers of passengers.
            (2) Study contents.--A study under paragraph (1) shall 
        include, to the extent practicable--
                    (A) a review of accidents, injuries, and fatalities 
                in the over-the-road bus and school bus industries;
                    (B) a review of insurance held by over-the-road bus 
                and public and private school bus companies, including 
                companies of various sizes, and an analysis of whether 
                such insurance is adequate to cover claims;
                    (C) an analysis of whether and how insurance affects 
                the behavior and safety record of motor carriers of 
                passengers, including with respect to crash reduction; 
                and
                    (D) an analysis of the anticipated impacts of an 
                increase in financial responsibility on insurance 
                premiums for passenger carriers and service 
                availability.
            (3) Consultation.--In conducting a study under paragraph 
        (1), the Secretary shall consult with--
                    (A) representatives of the over-the-road bus and 
                private school bus transportation industries, including 
                representatives of bus drivers; and
                    (B) insurers of motor carriers of passengers.
            (4) Report.--If the Secretary undertakes a study under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        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.

    (a) 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.
    (b) 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--

[[Page 129 STAT. 1556]]

            (1) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            (2) 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:
            (1) Existing Federal and State rules and guidance, as of the 
        date of the review, concerning school bus transportation of 
        elementary school and secondary school students engaging in 
        home-to-school transport or other transport determined by the 
        Comptroller General to be a routine part of kindergarten through 
        grade 12 education, including regulations and guidance regarding 
        driver training programs, capacity requirements, programs for 
        special needs students, inspection standards, vehicle age 
        requirements, best practices, and public access to inspection 
        results and crash records.
            (2) Any correlation between public or private school bus 
        fleet operators whose vehicles are involved in an accident as 
        defined by section 390.5 of title 49, Code of Federal 
        Regulations, and each of the following:
                    (A) A failure by those same operators of State or 
                local safety inspections.
                    (B) The average age or odometer readings of the 
                school buses in the fleets of such operators.
                    (C) Violations of Federal laws administered by the 
                Department of Transportation, or of State law 
                equivalents of such laws.
                    (D) Violations of State or local law relating to 
                illegal passing of a school bus.
            (3) A regulatory framework comparison of public and private 
        school bus operations.
            (4) Expert recommendations on best practices for safe and 
        reliable school bus transportation, including driver training 
        programs, inspection standards, school bus age and odometer 
        reading maximums for retirement, the percentage of buses in a 
        local bus fleet needed as spare buses, and capacity levels per 
        school bus for different age groups.
SEC. 5512. ACCESS TO NATIONAL DRIVER REGISTER.

    Section 30305(b) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(13) The Administrator of the Federal Motor Carrier Safety 
        Administration may request the chief driver licensing official 
        of a State to provide information under subsection (a) of this 
        section about an individual in connection with a safety 
        investigation under the Administrator's jurisdiction.''.
SEC. 5513. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS 
                          ROADSIDE INSPECTION SYSTEMS.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of

[[Page 129 STAT. 1557]]

Representatives a report regarding the design, development, testing, and 
implementation of wireless roadside inspection systems.
    (b) Elements.--The report required under subsection (a) shall 
include a determination as to whether Federal wireless roadside 
inspection systems--
            (1) conflict with existing electronic screening systems, or 
        create capabilities already available;
            (2) require additional statutory authority to incorporate 
        generated inspection data into the safety measurement system or 
        the safety fitness determinations program; and
            (3) provide appropriate restrictions to specifically address 
        privacy concerns of affected motor carriers and operators.
SEC. 5514. REGULATION OF TOW TRUCK OPERATIONS.

    Section 14501(c)(2)(C) of title 49, United States Code, is amended 
by striking ``the price of'' and all that follows through 
``transportation is'' and inserting ``the regulation of tow truck 
operations''.
SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING.

    (a) Effects of Commuting.--The Administrator of the Federal Motor 
Carrier Safety Administration shall conduct a study on the safety 
effects of motor carrier operator commutes exceeding 150 minutes.
    (b) Report.--Not later than 18 months after the date of 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.

    (a) In General.--Not later than January 1, 2017, the Secretary shall 
publish on a publicly accessible Internet Web site of the Department a 
report on the minimum levels of financial responsibility required under 
section 31139 of title 49, United States Code.
    (b) Contents.--The report required under subsection (a) shall 
include, to the extent practicable, an analysis of--
            (1) the differences between State insurance requirements and 
        Federal requirements;
            (2) the extent to which current minimum levels of financial 
        responsibility adequately cover--
                    (A) medical care;
                    (B) compensation; and
                    (C) other identifiable costs; and
            (3) the frequency with which insurance claims exceed the 
        current minimum levels of financial responsibility.

[[Page 129 STAT. 1558]]

SEC. 5518. COVERED FARM VEHICLES.

    Section 32934(b)(1) of MAP-21 (49 U.S.C. 31136 note) is amended by 
striking ``from'' and all that follows through the period at end and 
inserting the following: ``from--
                    ``(A) a requirement described in subsection (a) or a 
                compatible State requirement; or
                    ``(B) any other minimum standard provided by a State 
                relating to the operation of that vehicle.''.
SEC. 5519. <<NOTE: 49 USC 31136 note.>> OPERATORS OF HI-RAIL 
                          VEHICLES.

    (a) In General.--In the case of a commercial motor vehicle driver 
subject to the hours of service requirements in part 395 of title 49, 
Code of Federal Regulations, who is driving a hi-rail vehicle, the 
maximum on duty time under section 395.3 of such title for such driver 
shall not include time in transportation to or from a duty assignment if 
such time in transportation--
            (1) does not exceed 2 hours per calendar day or a total of 
        30 hours per calendar month; and
            (2) is fully and accurately accounted for in records to be 
        maintained by the motor carrier and such records are made 
        available upon request of the Federal Motor Carrier Safety 
        Administration or the Federal Railroad Administration.

    (b) Hi-Rail Vehicle Defined.--In this section, the term ``hi-rail 
vehicle'' means an internal rail flaw detection vehicle equipped with 
flange hi-rails.
SEC. 5520. AUTOMOBILE TRANSPORTER.

    (a) Automobile Transporter Defined.--Section 31111(a)(1) of title 
49, United States Code, is amended--
            (1) by striking ``specifically''; and
            (2) by adding at the end the following: ``An automobile 
        transporter shall not be prohibited from the transport of cargo 
        or general freight on a backhaul, so long as it complies with 
        weight limitations for a truck tractor and semitrailer 
        combination.''.

    (b) Truck Tractor Defined.--Section 31111(a)(3)(B) of title 49, 
United States Code, is amended--
            (1) by striking ``only''; and
            (2) by inserting before the period at the end the following: 
        ``or any other commodity, including cargo or general freight on 
        a backhaul''.

    (c) Backhaul Defined.--Section 31111(a) of title 49, United States 
Code, is amended by adding at the end the following:
            ``(5) Backhaul.--The term `backhaul' means the return trip 
        of a vehicle transporting cargo or general freight, especially 
        when carrying goods back over all or part of the same route.''.

    (d) Stinger-Steered Automobile Transporters.--Section 31111(b)(1) of 
title 49, United States Code, is amended--
            (1) in subparagraph (E) by striking ``or'' at the end;
            (2) in subparagraph (F) by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(G) imposes a vehicle length limitation of less than 80 
        feet on a stinger-steered automobile transporter with a front 
        overhang of less than 4 feet and a rear overhang of less than 6 
        feet; or''.

[[Page 129 STAT. 1559]]

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--
            (1) by striking ``50 air mile radius'' and inserting ``75 
        air mile radius''; and
            (2) by striking ``the driver.'' and inserting ``the driver, 
        except that a State, upon notice to the Secretary, may establish 
        a different air mile radius limitation for purposes of this 
        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.

    (a) Definitions.--Section 31111(a) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(6) Trailer transporter towing unit.--The term `trailer 
        transporter towing unit' means a power unit that is not used to 
        carry property when operating in a towaway trailer transporter 
        combination.

[[Page 129 STAT. 1560]]

            ``(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.''.

    (b) General Limitations.--Section 31111(b)(1) of such title is 
amended by adding at the end the following:
            ``(H) has the effect of imposing an overall length 
        limitation of less than 82 feet on a towaway trailer transporter 
        combination.''.

    (c) Conforming Amendments.--
            (1) Property-carrying unit limitation.--Section 31112(a)(1) 
        of such title is amended by inserting before the period at the 
        end the following: ``, but not including a trailer or a 
        semitrailer transported as part of a towaway trailer transporter 
        combination (as defined in section 31111(a))''.
            (2) Access to interstate system.--Section 31114(a)(2) of 
        such title is amended by inserting ``any towaway trailer 
        transporter combination (as defined in section 31111(a)),'' 
        after ``passengers,''.
SEC. 5524. <<NOTE: 49 USC 31136 note.>> EXEMPTIONS FROM 
                          REQUIREMENTS FOR CERTAIN WELDING TRUCKS 
                          USED IN PIPELINE INDUSTRY.

    (a) Covered Motor Vehicle Defined.--In this section, the term 
``covered motor vehicle'' means a motor vehicle that--
            (1) is traveling in the State in which the vehicle is 
        registered or another State;
            (2) is owned by a welder;
            (3) is a pick-up style truck;
            (4) is equipped with a welding rig that is used in the 
        construction or maintenance of pipelines; and
            (5) has a gross vehicle weight and combination weight rating 
        and weight of 15,000 pounds or less.

    (b) Federal Requirements.--A covered motor vehicle, including the 
individual operating such vehicle and the employer of such individual, 
shall be exempt from the following:
            (1) Any requirement relating to registration as a motor 
        carrier, including the requirement to obtain and display a 
        Department of Transportation number, established under chapters 
        139 and 311 of title 49, United States Code.
            (2) Any requirement relating to driver qualifications 
        established under chapter 311 of title 49, United States Code.
            (3) Any requirement relating to driving of commercial motor 
        vehicles established under chapter 311 of title 49, United 
        States Code.
            (4) Any requirement relating to parts and accessories and 
        inspection, repair, and maintenance of commercial motor vehicles 
        established under chapter 311 of title 49, United States Code.
            (5) Any requirement relating to hours of service of drivers, 
        including maximum driving and on duty time, established under 
        chapter 315 of title 49, United States Code.

[[Page 129 STAT. 1561]]

SEC. 5525. REPORT.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report describing the safety and enforcement impacts of sections 5520, 
5521, 5522, 5523, 5524, and 7208 of this Act.
    (b) Consultation.--In preparing the report required under subsection 
(a), the Secretary shall consult with States, State law enforcement 
agencies, entities impacted by the sections described in subsection (a), 
and other entities the Secretary considers appropriate.

TITLE VI-- <<NOTE: Transportation for Tomorrow Act of 2015.>> INNOVATION
SEC. 6001. <<NOTE: 23 USC 101 note.>> SHORT TITLE.

    This title may be cited as the ``Transportation for Tomorrow Act of 
2015''.
SEC. 6002. <<NOTE: 23 USC 501 note.>> AUTHORIZATION OF 
                          APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $125,000,000 for 
        each of fiscal years 2016 through 2020.
            (2) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code--
                    (A) $67,000,000 for fiscal year 2016;
                    (B) $67,500,000 for fiscal year 2017;
                    (C) $67,500,000 for fiscal year 2018;
                    (D) $67,500,000 for fiscal year 2019; and
                    (E) $67,500,000 for fiscal year 2020.
            (3) Training and education.--To carry out section 504 of 
        title 23, United States Code, $24,000,000 for each of fiscal 
        years 2016 through 2020.
            (4) Intelligent transportation systems program.--To carry 
        out sections 512 through 518 of title 23, United States Code, 
        $100,000,000 for each of fiscal years 2016 through 2020.
            (5) University transportation centers program.--To carry out 
        section 5505 of title 49, United States Code--
                    (A) $72,500,000 for fiscal year 2016;
                    (B) $75,000,000 for fiscal year 2017;
                    (C) $75,000,000 for fiscal year 2018;
                    (D) $77,500,000 for fiscal year 2019; and
                    (E) $77,500,000 for fiscal year 2020.
            (6) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code, $26,000,000 for each 
        of fiscal years 2016 through 2020.

    (b) Administration.--The Federal Highway Administration shall--
            (1) administer the programs described in paragraphs (1), 
        (2), and (3) of subsection (a); and
            (2) in consultation with relevant modal administrations, 
        administer the programs described in subsection (a)(4).

[[Page 129 STAT. 1562]]

    (c) Applicability of Title 23, United States Code.--Funds authorized 
to be appropriated by subsection (a) shall--
            (1) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, United 
        States Code, except that the Federal share of the cost of a 
        project or activity carried out using those funds shall be 80 
        percent, unless otherwise expressly provided by this Act 
        (including the amendments by this Act) or otherwise determined 
        by the Secretary; and
            (2) remain available until expended and not be transferable, 
        except as otherwise provided in this Act.
SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

    Section 503(c)(3) of title 23, United States Code, is amended--
            (1) in subparagraph (C) by striking ``2013 through 2014'' 
        and inserting ``2016 through 2020''; and
            (2) by adding at the end the following:
                    ``(D) Publication.--
                          ``(i) In general.--Not less frequently than 
                      annually, the Secretary shall issue and make 
                      available to the public on an Internet website a 
                      report on the cost and benefits from deployment of 
                      new technology and innovations that substantially 
                      and directly resulted from the program established 
                      under this 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;

[[Page 129 STAT. 1563]]

                          ``(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

[[Page 129 STAT. 1564]]

                      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

[[Page 129 STAT. 1565]]

                                    ``(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

[[Page 129 STAT. 1566]]

                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.''.

[[Page 129 STAT. 1567]]

SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.

    Section 514(a) of title 23, United States Code, is amended--
            (1) in paragraph (4) by striking ``and'' at the end;
            (2) in paragraph (5) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) enhancement of the national freight system and support 
        to national freight policy goals.''.
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.

    Section 514(b) of title 23, United States Code, is amended--
            (1) in paragraph (8) by striking ``and'' at the end;
            (2) in paragraph (9) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) to assist in the development of cybersecurity 
        research in cooperation with relevant modal administrations of 
        the Department of Transportation and other Federal agencies to 
        help prevent hacking, spoofing, and disruption of connected and 
        automated transportation vehicles.''.
SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.

    Section 515(h)(4) of title 23, United States Code, is amended in the 
matter preceding subparagraph (A)--
            (1) by striking ``February 1 of each year after the date of 
        enactment of the Transportation Research and Innovative 
        Technology Act of 2012'' and inserting ``May 1 of each year''; 
        and
            (2) by striking ``submit to Congress'' and inserting ``make 
        available to the public on a Department of Transportation 
        website''.
SEC. 6008. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL ARCHITECTURE 
                          AND STANDARDS.

    Section 517(a)(3) of title 23, United States Code, is amended by 
striking ``memberships are comprised of, and represent,'' and inserting 
``memberships include representatives of''.
SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.

    Section 518(a) of title 23, United States Code, is amended in the 
matter preceding paragraph (1) by striking ``Not later than 3'' and all 
that follows through ``House of Representatives'' and inserting ``Not 
later than July 6, 2016, the Secretary shall make available to the 
public on a Department of Transportation website a report''.
SEC. 6010. INFRASTRUCTURE DEVELOPMENT.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 519. <<NOTE: 23 USC 519 note.>> 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

[[Page 129 STAT. 1568]]

            ``(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.''.

    (b) Technical and Conforming Amendments.--
            (1) Clerical amendment.--The analysis for chapter 5 of title 
        23, United States Code, is amended by adding at the end the 
        following:

``519. Infrastructure development.''.

            (2) Technical amendment.--The item relating to section 512 
        in the analysis for chapter 5 of title 23, United States 
        Code, <<NOTE: 23 USC prec. 501.>> is amended to read as follows:

``512. National ITS program plan.''.

SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.

    (a) Assistant Secretary for Research and Technology.--Section 
102(e)(1) of title 49, United States Code, is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``5'' and inserting ``6''; and
            (2) in subparagraph (A) by inserting ``an Assistant 
        Secretary for Research and Technology,'' after ``Governmental 
        Affairs,''.

    (b) Research Activities.--Section 330 of title 49, United States 
Code, is amended--
            (1) in the section heading by striking ``contracts'' and 
        inserting ``activities'';
            (2) in subsection (a) by striking ``The Secretary of'' and 
        inserting ``In General.--The Secretary of'';
            (3) in subsection (b) by striking ``In carrying'' and 
        inserting ``Responsibilities.--In carrying'';
            (4) in subsection (c) by striking ``The Secretary'' and 
        inserting ``Publications.--The Secretary''; and
            (5) by adding at the end the following:

    ``(d) Duties.--The Secretary shall provide for the following:
            ``(1) Coordination, facilitation, and review of Department 
        of Transportation research and development programs and 
        activities.
            ``(2) Advancement, and research and development, of 
        innovative technologies, including intelligent transportation 
        systems.
            ``(3) Comprehensive transportation statistics research, 
        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;

[[Page 129 STAT. 1569]]

            ``(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 
\1/2\ 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.''.
    (c) Clerical Amendment.--The item relating to section 330 in the 
analysis of chapter 3 of title 49, United States Code, <<NOTE: 49 
USC prec. 301.>> is amended to read as follows:

``330. Research activities.''.

    (d) Technical and Conforming Amendments.--
            (1) Title 5 amendments.--

[[Page 129 STAT. 1570]]

                    (A) Positions at level ii.--Section 5313 of title 5, 
                United States Code, is amended by striking ``The Under 
                Secretary of Transportation for Security.''.
                    (B) Positions at level iv.--Section 5315 of title 5, 
                United States Code, is amended in the undesignated item 
                relating to Assistant Secretaries of Transportation by 
                striking ``(4)'' and inserting ``(5)''.
                    (C) Positions at level v.--Section 5316 of title 5, 
                United States Code, is amended by striking ``Associate 
                Deputy Secretary, Department of Transportation.''.
            (2) Bureau of transportation statistics.--Section 6302 of 
        title 49, United States Code, is amended by striking 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.

    (a) Repeal.--Section 112 of title 49, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, <<NOTE: 49 USC prec. 101.>> is amended by striking 
the item relating to section 112.
SEC. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.

    Section 5115(a) of title 49, United States Code, is amended in the 
first sentence by inserting ``, including online curriculum as 
appropriate,'' after ``a current curriculum of courses''.
SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.

    Section 5118 of title 49, United States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A) by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) coordinate, as appropriate, with other Federal 
                agencies.''; and
            (2) by adding at the end the following:

    ``(c) Cooperative Research.--
            ``(1) In general.--As part of the program established under 
        subsection (a), the Secretary may carry out cooperative research 
        on hazardous materials transport.
            ``(2) National academies.--The Secretary may enter into an 
        agreement with the National Academies to support research 
        described in paragraph (1).
            ``(3) Research.--Research conducted under this subsection 
        may include activities relating to--
                    ``(A) emergency planning and response, including 
                information and programs that can be readily assessed 
                and implemented in local jurisdictions;
                    ``(B) risk analysis and perception and data 
                assessment;
                    ``(C) commodity flow data, including voluntary 
                collaboration between shippers and first responders for 
                secure data exchange of critical information;
                    ``(D) integration of safety and security;
                    ``(E) cargo packaging and handling;
                    ``(F) hazmat release consequences; and

[[Page 129 STAT. 1571]]

                    ``(G) materials and equipment testing.''.
SEC. 6015. OFFICE OF INTERMODALISM.

    (a) Repeal.--Section 5503 of title 49, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, <<NOTE: 49 USC prec. 5501.>> 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:
``Sec. 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

[[Page 129 STAT. 1572]]

                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--

[[Page 129 STAT. 1573]]

                          ``(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;

[[Page 129 STAT. 1574]]

                                    ``(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--

[[Page 129 STAT. 1575]]

                    ``(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).''.

[[Page 129 STAT. 1576]]

SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.

    (a) In General.--Chapter 63 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 6314. <<NOTE: 49 USC 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;

[[Page 129 STAT. 1577]]

                    ``(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).''.

    (b) Prohibition on Certain Disclosures; Copies of Reports.--Section 
6307(b) of such title is amended, by inserting ``or section 6314(b)'' 
after ``section 6302(b)(3)(B)'' each place it appears.
    (c) Clerical Amendment.--The table of sections for chapter 63 of 
such title <<NOTE: 49 USC prec. 6301.>> is amended by adding at the end 
the following:

``6314. Port performance freight statistics program.''.

SEC. 6019. <<NOTE: 49 USC 6501 note.>> RESEARCH PLANNING.

    (a) Findings.--Congress finds that--
            (1) Federal transportation research planning--
                    (A) should be coordinated by the Office of the 
                Secretary; and
                    (B) should be, to the extent practicable, multimodal 
                and not occur solely within the sub-agencies of the 
                Department;
            (2) managing a multimodal research portfolio within the 
        Office of the Secretary will--
                    (A) help identify opportunities in which research 
                could be applied across modes; and
                    (B) prevent duplication of efforts and waste of 
                limited Federal resources;
            (3) the Assistant Secretary for Research and Technology at 
        the Department of Transportation will--
                    (A) give stakeholders a formal opportunity to 
                address concerns;
                    (B) ensure unbiased research; and
                    (C) improve the overall research products of the 
                Department; and
            (4) increasing transparency of transportation research and 
        development efforts will--

[[Page 129 STAT. 1578]]

                    (A) build stakeholder confidence in the final 
                product; and
                    (B) lead to the improved implementation of research 
                findings.

    (b) Research Planning.--
            (1) In general.--Subtitle III of title 49, United States 
        Code, <<NOTE: 49 USC prec. 6501.>> is amended by inserting after 
        chapter 63 the following:

                     ``CHAPTER 65--RESEARCH PLANNING

``Sec.
``6501. Annual modal research plans.
``6502. Consolidated research database.
``6503. Transportation research and development 5-year strategic plan.

``SEC. 6501. <<NOTE: 49 USC 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

[[Page 129 STAT. 1579]]

            ``(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. <<NOTE: 49 USC 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.

[[Page 129 STAT. 1580]]

    ``(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. <<NOTE: 49 USC 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

[[Page 129 STAT. 1581]]

        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 \1/2\ years after the date 
of enactment of this chapter, the Secretary may publish on a public 
website an interim report that--
            ``(1) provides an assessment of the 5-year research and 
        development strategic plan of the Department of Transportation 
        described in this section; and
            ``(2) includes a description of the extent to which the 
        research and development is or is not successfully meeting the 
        purposes described under subsection (c)(1).''.

    (c) Technical and Conforming Amendment.--The table of chapters for 
subtitle III of title 49, United States Code, <<NOTE: 49 USC 5101.>> is 
amended by adding at the end the following:

``63. Bureau of Transportation Statistics......................... 6301 
``65. Research planning..........................................6501''.

    (d) Technical and Conforming Amendments.--
            (1) Chapter 5 of title 23.--Chapter 5 of title 23, United 
        States Code, is amended--
                    (A) by striking section 508;
                    (B) in the table of contents, by striking the item 
                relating to section 508;
                    (C) in section 502--
                          (i) in subsection (a)(9), by striking 
                      ``transportation research and technology 
                      development strategic plan developed under section 
                      508'' and inserting ``transportation research and 
                      development strategic plan under section 6503 of 
                      title 49''; and
                          (ii) in subsection (b)(4), by striking 
                      ``transportation research and development 
                      strategic plan of the Secretary developed under 
                      section 508'' and inserting ``transportation 
                      research and development strategic plan under 
                      section 6503 of title 49''; and
                    (D) in section 512(b), by striking ``as part of the 
                transportation research and development strategic plan 
                developed under section 508''.
            (2) Intelligent transportation systems.--The Intelligent 
        Transportation Systems Act of 1998 (23 U.S.C. 502 note; Public 
        Law 105-178) is amended--
                    (A) in section 5205(b), by striking ``as part of the 
                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
                    (B) in section 5206(e)(2)(A), by striking ``or the 
                Surface Transportation Research and Development 
                Strategic Plan developed under section 508 of title 23'' 
                and inserting ``or

[[Page 129 STAT. 1582]]

                the transportation research and development strategic 
                plan under section 6503 of title 49''.
            (3) 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. <<NOTE: 23 USC 503 note.>> SURFACE TRANSPORTATION 
                          SYSTEM FUNDING ALTERNATIVES.

    (a) 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.
    (b) 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.
    (c) Objectives.--The Secretary shall ensure that the activities 
carried out using funds provided under this section meet the following 
objectives:
            (1) To test the design, acceptance, and implementation of 2 
        or more future user-based alternative revenue mechanisms.
            (2) To improve the functionality of such user-based 
        alternative revenue mechanisms.
            (3) To conduct outreach to increase public awareness 
        regarding the need for alternative funding sources for surface 
        transportation programs and to provide information on possible 
        approaches.
            (4) To provide recommendations regarding adoption and 
        implementation of user-based alternative revenue mechanisms.
            (5) To minimize the administrative cost of any potential 
        user-based alternative revenue mechanisms.

    (d) Use of Funds.--A State or group of States receiving funds under 
this section to test the design, acceptance, and implementation of a 
user-based alternative revenue mechanism--
            (1) shall address--
                    (A) the implementation, interoperability, public 
                acceptance, and other potential hurdles to the adoption 
                of the user-based alternative revenue mechanism;
                    (B) the protection of personal privacy;
                    (C) the use of independent and private third-party 
                vendors to collect fees and operate the user-based 
                alternative revenue mechanism;
                    (D) market-based congestion mitigation, if 
                appropriate;
                    (E) equity concerns, including the impacts of the 
                user-based alternative revenue mechanism on differing 
                income groups, various geographic areas, and the 
                relative burdens on rural and urban drivers;
                    (F) ease of compliance for different users of the 
                transportation system; and
                    (G) the reliability and security of technology used 
                to implement the user-based alternative revenue 
                mechanism; and
            (2) may address--

[[Page 129 STAT. 1583]]

                    (A) the flexibility and choices of user-based 
                alternative revenue mechanisms, including the ability of 
                users to select from various technology and payment 
                options;
                    (B) the cost of administering the user-based 
                alternative revenue mechanism; and
                    (C) the ability of the administering entity to audit 
                and enforce user compliance.

    (e) Consideration.--The Secretary shall consider geographic 
diversity in awarding grants under this section.
    (f) Limitations on Revenue Collected.--Any revenue 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.
    (g) Federal Share.--The Federal share of the cost of an activity 
carried out under this section may not exceed 50 percent of the total 
cost of the activity.
    (h) Report to Secretary.--Not later than 1 year after the date on 
which the first eligible entity receives a grant under this section, and 
each year thereafter, each recipient of a grant under this section shall 
submit to the Secretary a report that describes--
            (1) how the demonstration activities carried out with grant 
        funds meet the objectives described in subsection (c); and
            (2) lessons learned for future deployment of alternative 
        revenue mechanisms that utilize a user fee structure.

    (i) Biennial Reports.--Not later than 2 years after the date of 
enactment of this Act, and every 2 years thereafter until the completion 
of the demonstration activities under this section, the Secretary shall 
make available to the public on an Internet website a report describing 
the progress of the demonstration activities.
    (j) Funding.--Of the funds authorized to carry out section 503(b) of 
title 23, United States Code--
            (1) $15,000,000 shall be used to carry out this section for 
        fiscal year 2016; and
            (2) $20,000,000 shall be used to carry out this section for 
        each of fiscal years 2017 through 2020.

    (k) Grant Flexibility.--If, by August 1 of each fiscal year, the 
Secretary determines that there are not enough grant 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--
            (1) any of the funds reserved for the fiscal year under 
        subsection (j) that the Secretary has not yet awarded under this 
        section; and
            (2) an amount of obligation limitation equal to the amount 
        of funds that the Secretary transfers under paragraph (1).
SEC. 6021. FUTURE INTERSTATE STUDY.

    (a) Future Interstate System Study.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall enter into an 
agreement with the Transportation Research Board of the National 
Academies to conduct a study on the actions needed to upgrade and 
restore the Dwight D. Eisenhower National System of Interstate and 
Defense Highways to its role as a premier system that meets the growing 
and shifting demands of the 21st century.
    (b) Methodologies.--In conducting the study, the Transportation 
Research Board shall build on the methodologies examined

[[Page 129 STAT. 1584]]

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.
    (c) Contents of Study.--The study--
            (1) shall include specific recommendations regarding the 
        features, standards, capacity needs, application of 
        technologies, and intergovernmental roles to upgrade the 
        Interstate System, including any revisions to law (including 
        regulations) that the Transportation Research Board determines 
        appropriate; and
            (2) is encouraged to build on the institutional knowledge in 
        the highway industry in applying the techniques involved in 
        implementing the study.

    (d) Considerations.--In carrying out the study, the Transportation 
Research Board shall determine the need for reconstruction and 
improvement of the Interstate System by considering--
            (1) future demands on transportation infrastructure 
        determined for national planning purposes, including commercial 
        and private traffic flows to serve future economic activity and 
        growth;
            (2) the expected condition of the current Interstate System 
        over the period of 50 years beginning on the date of enactment 
        of this Act, including long-term deterioration and 
        reconstruction needs;
            (3) features that would take advantage of technological 
        capabilities to address modern standards of construction, 
        maintenance, and operations, for purposes of safety, and system 
        management, taking into further consideration system performance 
        and cost;
            (4) those National Highway System routes that should be 
        added to the existing Interstate System to more efficiently 
        serve national traffic flows; and
            (5) the resources necessary to maintain and improve the 
        Interstate System, including the resources required to upgrade 
        the National Highway System routes identified in paragraph (4) 
        to Interstate standards.

    (e) Consultation.--In carrying out the study, the Transportation 
Research Board--
            (1) shall convene and consult with a panel of national 
        experts, including operators and users of the Interstate System 
        and private sector stakeholders; and
            (2) is encouraged to consult with--
                    (A) the Federal Highway Administration;
                    (B) States;
                    (C) planning agencies at the metropolitan, State, 
                and regional levels;
                    (D) the motor carrier industry;
                    (E) freight shippers;
                    (F) highway safety groups; and
                    (G) other appropriate entities.

    (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Transportation Research Board shall submit to the 
Secretary, the Committee on Environment and Public Works of the Senate, 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the study conducted under 
this section.

[[Page 129 STAT. 1585]]

    (g) 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.

    (a) Study.--
            (1) In general.--The Secretary may examine the impact of 
        pavement durability and sustainability on vehicle fuel 
        consumption, vehicle wear and tear, road conditions, and road 
        repairs.
            (2) Methodology.--In carrying out the study, the Secretary 
        shall--
                    (A) conduct a thorough review of relevant peer-
                reviewed research published during at least the past 5 
                years;
                    (B) analyze impacts of different types of pavement 
                on all motor vehicle types, including commercial 
                vehicles;
                    (C) specifically examine the impact of pavement 
                deformation and deflection; and
                    (D) analyze impacts of different types of pavement 
                on road conditions and road repairs.
            (3) Consultation.--In carrying out the study, the Secretary 
        shall consult with--
                    (A) modal administrations of the Department and 
                other Federal agencies, including the National Institute 
                of Standards and Technology;
                    (B) State departments of transportation;
                    (C) industry stakeholders; and
                    (D) appropriate academic experts.

    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall publish on a public 
        website a report describing the results of the study.
            (2) Contents.--The report shall include--
                    (A) a summary of the different types of pavements 
                analyzed in the study and the impacts of pavement 
                durability and sustainability on safety, vehicle fuel 
                consumption, vehicle wear and tear, road conditions, and 
                road repairs; and
                    (B) recommendations for State and local governments 
                on best practice methods for improving pavement 
                durability and sustainability to maximize vehicle fuel 
                economy, improve safety, ride quality, and road 
                conditions, and to minimize the need for road and 
                vehicle repairs.
SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.

    To improve the scientific pursuit and research procedures concerning 
transportation, the Secretary may convene an interagency working group--
            (1) to identify opportunities for coordination between the 
        Department and universities and the private sector; and
            (2) to identify and develop a plan to address related 
        workforce development needs.
SEC. 6024. <<NOTE: 49 USC 301 note.>> COLLABORATION AND SUPPORT.

    The Secretary may solicit the support of, and identify opportunities 
to collaborate with, other Federal research agencies and

[[Page 129 STAT. 1586]]

national laboratories to assist in the effective and efficient pursuit 
and resolution of research challenges identified by the Secretary.
SEC. 6025. GAO REPORT.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report that--
            (1) assesses the status of autonomous transportation 
        technology policy developed by public entities in the United 
        States;
            (2) assesses the organizational readiness of the Department 
        to address autonomous vehicle technology challenges, including 
        consumer privacy protections; and
            (3) recommends implementation paths for autonomous 
        transportation technology, applications, and policies that are 
        based on the assessment described in paragraph (2).
SEC. 6026. TRAFFIC CONGESTION.

    (a) Congestion Research.--The Secretary may conduct research on the 
reduction of traffic congestion.
    (b) Consideration.--The Secretary may--
            (1) recommend research to accelerate the adoption of 
        transportation management systems that allow traffic to flow in 
        the safest and most efficient manner possible while alleviating 
        current and future traffic congestion challenges;
            (2) 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;
            (3) examine the use and integration of multiple data types 
        from multiple sources and technologies, including road weather 
        data, arterial and highway traffic conditions, transit vehicle 
        arrival and departure times, real time navigation routing, 
        construction zone information, and reports of incidents, to 
        suggest improvements in effective communication of such data and 
        information in real time;
            (4) 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
            (5) collaborate with other relevant Federal agencies, State 
        and local agencies, industry and industry associations, and 
        university research centers to fulfill goals and objectives 
        under this section.

    (c) Identifying Information.--The Secretary shall ensure that 
information used pursuant to this section does not contain identifying 
information of any individual.
    (d) Report.--Not later than 1 year after the completion of research 
under this section, the Secretary may make available on a public website 
a report on any activities under this section.
SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY.

    (a) In General.--The Secretary may conduct a study of digital 
technologies and information technologies, including shared mobility, 
data, transportation network companies, and on-demand transportation 
services--
            (1) to understand the degree to which cities are adopting 
        those technologies;

[[Page 129 STAT. 1587]]

            (2) to assess future planning, infrastructure, and 
        investment needs; and
            (3) to provide best practices to plan for smart cities in 
        which information and technology are used--
                    (A) to improve city operations;
                    (B) to grow the local economy;
                    (C) to improve response in times of emergencies and 
                natural disasters; and
                    (D) to improve the lives of city residents.

    (b) Components.--The study conducted under subsection (a) shall--
            (1) identify broad issues that influence the ability of the 
        United States to plan for and invest in smart cities, including 
        barriers to collaboration and access to scientific information; 
        and
            (2) review how the expanded use of digital technologies, 
        mobile devices, and information may--
                    (A) enhance the efficiency and effectiveness of 
                existing transportation networks;
                    (B) optimize demand management services;
                    (C) impact low-income and other disadvantaged 
                communities;
                    (D) assess opportunities to share, collect, and use 
                data;
                    (E) change current planning and investment 
                strategies; and
                    (F) provide opportunities for enhanced coordination 
                and planning.

    (c) Reporting.--Not later than 18 months after the date of enactment 
of this Act, the Secretary may publish the report containing the results 
of the study conducted under subsection (a) to a public website.
SEC. 6028. <<NOTE: 23 USC 150 note.>> PERFORMANCE MANAGEMENT DATA 
                          SUPPORT PROGRAM.

    (a) Performance Management Data Support.--The Administrator of the 
Federal Highway Administration shall develop, use, and maintain data 
sets and data 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).
    (b) Inclusions.--The data analysis activities authorized under 
subsection (a) may include--
            (1) collecting and distributing vehicle probe data 
        describing traffic on Federal-aid highways;
            (2) collecting household travel behavior data to assess 
        local and cross-jurisdictional travel, including to accommodate 
        external and through travel;
            (3) enhancing existing data collection and analysis tools to 
        accommodate performance measures, targets, and related data, so 
        as to better understand trip origin and destination, trip time, 
        and mode;
            (4) enhancing existing data analysis tools to improve 
        performance predictions and travel models in reports described 
        in section 150(e) of title 23, United States Code; and
            (5) developing tools--
                    (A) to improve performance analysis; and

[[Page 129 STAT. 1588]]

                    (B) to evaluate the effects of project investments 
                on performance.

    (c) 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-- <<NOTE: Hazardous Materials Transportation Safety 
Improvement Act of 2015.>> HAZARDOUS MATERIALS TRANSPORTATION
SEC. 7001. <<NOTE: 49 USC 5101 note.>> 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:
``Sec. 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.''.

[[Page 129 STAT. 1589]]

          Subtitle B--Hazardous Material Safety and Improvement

SEC. 7201. NATIONAL EMERGENCY AND DISASTER RESPONSE.

    Section 5103 of title 49, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:

    ``(c) Federally Declared Disasters and Emergencies.--
            ``(1) In general.--The Secretary may by order waive 
        compliance with any part of an applicable standard prescribed 
        under this chapter without prior notice and comment and on terms 
        the Secretary considers appropriate if the Secretary determines 
        that--
                    ``(A) it is in the public interest to grant the 
                waiver;
                    ``(B) the waiver is not inconsistent with the safety 
                of transporting hazardous materials; and
                    ``(C) the waiver is necessary to facilitate the safe 
                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.

    (a) Planning and Training Grants.--Section 5116 of title 49, United 
States Code, is amended--
            (1) by redesignating subsections (c) through (k) as 
        subsections (b) through (j), respectively,
            (2) by striking subsection (b); and

[[Page 129 STAT. 1590]]

            (3) by striking subsection (a) and inserting the following:

    ``(a) Planning and Training Grants.--(1) The Secretary shall make 
grants to States and Indian tribes--
            ``(A) to develop, improve, and carry out emergency plans 
        under the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11001 et seq.), including ascertaining flow 
        patterns of hazardous material on lands under the 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--

[[Page 129 STAT. 1591]]

                    ``(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.''.

    (b) Technical and Conforming Amendments.--
            (1) Section 5108(g) of title 49, United States Code, is 
        amended by striking ``5116(i)'' each place it appears and 
        inserting ``5116(h)''.
            (2) Section 5116 of such title is amended--
                    (A) in subsection (d), as so redesignated, by 
                striking ``subsections (a)(2)(A) and (b)(2)(A)'' and 
                inserting ``subsection (a)(3)(A)'';
                    (B) in subsection (h), as so redesignated--
                          (i) in paragraph (1) by inserting ``and 
                      section 5107(e)'' after ``section'';
                          (ii) in paragraph (2) by striking ``(f)'' and 
                      inserting ``(e)''; and
                          (iii) in paragraph (4) by striking 
                      ``5108(g)(2) and 5115'' and inserting ``5107(e) 
                      and 5108(g)(2)'';
                    (C) in subsection (i), as so redesignated, by 
                striking ``subsection (b)'' and inserting ``subsection 
                (a)''; and
                    (D) in subsection (j), as so redesignated--
                          (i) by striking ``planning grants allocated 
                      under subsection (a), training grants under 
                      subsection (b), and grants under subsection (j) of 
                      this section and under section 5107'' and 
                      inserting ``planning and training grants under 
                      subsection (a) and grants under subsection (i) of 
                      this section and under subsections (e) and (i) of 
                      section 5107''; and
                          (ii) by redesignating subparagraphs (A) 
                      through (D) as paragraphs (1) through (4), 
                      respectively.

    (c) <<NOTE: 49 USC 5116 note.>> 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.

[[Page 129 STAT. 1592]]

SEC. 7204. IMPROVING PUBLICATION OF SPECIAL PERMITS AND APPROVALS.

    Section 5117 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``an application for a special 
                permit'' and inserting ``an application for a new 
                special permit or a modification to an existing special 
                permit''; and
                    (B) by inserting after the second sentence the 
                following: ``The Secretary shall make available to the 
                public on the Department of Transportation's Internet 
                Web site any 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
            (2) in subsection (c)--
                    (A) by striking ``publish'' and inserting ``make 
                available to the public'';
                    (B) by striking ``in the Federal Register'';
                    (C) by striking ``180'' and inserting ``120''; and
                    (D) by striking ``the special permit'' each place it 
                appears and inserting ``a special permit or approval''; 
                and
            (3) by adding at the end the following:

    ``(g) Disclosure of Final Action.--The Secretary shall periodically, 
but at least every 120 days--
            ``(1) publish in the Federal Register notice of the final 
        disposition of each application for a new special permit, 
        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.

    (a) Withdrawal.--Not later than 30 days after the date of enactment 
of this Act, the Secretary shall withdraw the proposed rule described in 
the notice of proposed rulemaking issued on January 27, 2011, entitled 
``Safety Requirements for External Product Piping on Cargo Tanks 
Transporting Flammable Liquids'' (76 Fed. Reg. 4847).
    (b) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from issuing standards or regulations regarding the safety of 
external product piping on cargo tanks transporting flammable liquids 
after the withdrawal is carried out pursuant to subsection (a).
SEC. 7207. <<NOTE: 49 USC 5103 note.>> GAO STUDY ON ACCEPTANCE OF 
                          CLASSIFICATION EXAMINATIONS.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States

[[Page 129 STAT. 1593]]

shall evaluate and transmit to the Secretary, the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of the Senate, a 
report on the standards, metrics, and protocols that the Secretary uses 
to regulate the performance of persons approved to recommend hazard 
classifications pursuant to section 173.56(b) of title 49, Code of 
Federal Regulations (commonly referred to as ``third-party labs'').
    (b) Evaluation.--The evaluation required under subsection (a) 
shall--
            (1) identify what standards and protocols are used to 
        approve such persons, assess the adequacy of such standards and 
        protocols to ensure that persons seeking approval are qualified 
        and capable of performing classifications, and make 
        recommendations to address any deficiencies identified;
            (2) assess the adequacy of the Secretary's oversight of 
        persons approved to perform the classifications, including the 
        qualification of individuals engaged in the oversight of 
        approved persons, and make recommendations to enhance oversight 
        sufficiently to ensure that classifications are issued as 
        required;
            (3) identify what standards and protocols exist to rescind, 
        suspend, or deny approval of persons who perform such 
        classifications, assess the adequacy of such standards and 
        protocols, and make recommendations to enhance such standards 
        and protocols if necessary; and
            (4) include annual data for fiscal years 2005 through 2015 
        on the number of applications received for new classifications 
        pursuant to section 173.56(b) of title 49, Code of Federal 
        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.

    (c) Action Plan.--Not later than 180 days after receiving the report 
required under subsection (a), the Secretary shall make available to the 
public a plan describing any actions the Secretary will take to 
establish standards, metrics, and protocols based on the findings and 
recommendations in the report to ensure that persons approved to perform 
classification examinations required under section 173.56(b) of title 
49, Code of Federal Regulations, can sufficiently perform such 
examinations in a manner that meets the hazardous materials regulations.
    (d) Regulations.--If the report required under subsection (a) 
recommends new regulations in order for the Secretary to have confidence 
in the accuracy of classification recommendations 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. <<NOTE: 49 USC 31305 note.>> 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

[[Page 129 STAT. 1594]]

part 383 of title 49, Code of Federal Regulations, if the license 
holder--
            (1) 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
            (2) is operating a service vehicle that is--
                    (A) transporting diesel in a quantity of 3,785 
                liters (1,000 gallons) or less; and
                    (B) clearly marked with a ``flammable'' or 
                ``combustible'' placard, as appropriate.

      Subtitle C--Safe Transportation of Flammable Liquids by Rail

SEC. 7301. COMMUNITY SAFETY GRANTS.

    Section 5107 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Community Safety Grants.--The Secretary shall establish a 
competitive program for making grants to nonprofit organizations for--
            ``(1) conducting national outreach and training programs to 
        assist communities in preparing for and responding to accidents 
        and incidents involving the transportation of 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. <<NOTE: 49 USC 20103 note.>> REAL-TIME EMERGENCY 
                          RESPONSE INFORMATION.

    (a) 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--
            (1) require a Class I railroad transporting hazardous 
        materials--
                    (A) to generate accurate, real-time, and electronic 
                train consist information, including--
                          (i) the identity, quantity, and location of 
                      hazardous materials on a train;
                          (ii) the point of origin and destination of 
                      the train;
                          (iii) any emergency response information or 
                      resources required by the Secretary; and
                          (iv) an emergency response point of contact 
                      designated by the Class I railroad; and
                    (B) to enter into a memorandum of understanding with 
                each applicable fusion center to provide the fusion 
                center with secure and confidential access to the 
                electronic train consist information described in 
                subparagraph (A) for each train transporting hazardous 
                materials in the jurisdiction of the fusion center;
            (2) require each applicable fusion center to provide the 
        electronic train consist information described in paragraph 
        (1)(A) to State and local first responders, emergency response 
        officials, and law enforcement personnel that are involved in 
        the response to or investigation of an accident, incident, or

[[Page 129 STAT. 1595]]

        public health or safety emergency involving the rail 
        transportation of hazardous materials and that request such 
        electronic train consist information;
            (3) require each Class I railroad to provide advanced 
        notification and information on high-hazard flammable trains to 
        each State emergency response commission, consistent with the 
        notification content requirements in Emergency Order Docket No. 
        DOT-OST-2014-0067, including--
                    (A) a reasonable estimate of the number of 
                implicated trains that are expected to travel, per week, 
                through each county within the applicable State;
                    (B) updates to such estimate prior to making any 
                material changes to any volumes or frequencies of trains 
                traveling through a county;
                    (C) identification and a description of the Class 3 
                flammable liquid being transported on such trains;
                    (D) applicable emergency response information, as 
                required by regulation;
                    (E) identification of the routes over which such 
                liquid will be transported; and
                    (F) a point of contact at the Class I railroad 
                responsible for serving as the point of contact for 
                State emergency response centers and local emergency 
                responders related to the Class I railroad's 
                transportation of such liquid.
            (4) require each applicable State emergency response 
        commission to provide to a political subdivision of a State, or 
        public agency responsible for emergency response or law 
        enforcement, upon request of the political subdivision or public 
        agency, the information the commission receives from a Class I 
        railroad pursuant to paragraph (3), including, for any such 
        political subdivision or public agency responsible for emergency 
        response or law enforcement that makes an initial request for 
        such information, any updates received by the State emergency 
        response commission.
            (5) prohibit any Class I railroad, employee, or agent from 
        withholding, or causing to be withheld, the train consist 
        information from first responders, emergency response officials, 
        and law enforcement personnel described in paragraph (2) in the 
        event of an incident, accident, or public health or safety 
        emergency involving the rail transportation of hazardous 
        materials;
            (6) establish security and confidentiality protections, 
        including protections from the public release of proprietary 
        information or security-sensitive information, to prevent the 
        release to unauthorized persons any electronic train consist 
        information or advanced notification or information provided by 
        Class I railroads under this section; and
            (7) allow each Class I railroad to enter into a memorandum 
        of understanding with any Class II railroad or Class III 
        railroad that operates trains over the Class I railroad's line 
        to incorporate the Class II railroad or Class III railroad's 
        train consist information within the existing framework 
        described in paragraph (1).

    (b) Definitions.--In this section:
            (1) Applicable fusion center.--The term ``applicable fusion 
        center'' means a fusion center with responsibility for a 
        geographic area in which a Class I railroad operates.

[[Page 129 STAT. 1596]]

            (2) 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.
            (3) 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.
            (4) Fusion center.--The term ``fusion center'' has the 
        meaning given the term in section 210A(j) of the Homeland 
        Security Act of 2002 (6 U.S.C. 124h(j)).
            (5) Hazardous material.--The term ``hazardous material'' 
        means a substance or material the Secretary designates as 
        hazardous under section 5103 of title 49, United States Code.
            (6) High-hazard flammable train.--The term ``high-hazard 
        flammable train'' means a single train transporting 20 or more 
        tank cars loaded with a Class 3 flammable liquid in a continuous 
        block or a single train transporting 35 or more tank cars loaded 
        with a Class 3 flammable liquid throughout the train consist.
            (7) Train consist.--The term ``train consist'' includes, 
        with regard to a specific train, the number of rail cars and the 
        commodity transported by each rail car.

    (c) Savings Clause.--Nothing in this section may be construed to 
prohibit a Class I railroad from voluntarily entering into a memorandum 
of understanding, as described in subsection (a)(1)(B), with a State 
emergency response commission or an entity representing or including 
first responders, emergency response officials, and law enforcement 
personnel.
SEC. 7303. EMERGENCY RESPONSE.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study to determine whether limitations or weaknesses exist in 
the emergency response information carried by train crews transporting 
hazardous materials.
    (b) Contents.--In conducting the study under subsection (a), the 
Comptroller General shall evaluate the differences between the emergency 
response information carried by train crews transporting hazardous 
materials and the emergency response guidance provided in the Emergency 
Response Guidebook issued by the Department of Transportation.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report of the findings of the study under subsection (a) and any 
recommendations for legislative action.
SEC. 7304. <<NOTE: 49 USC 20155 note.>> PHASE-OUT OF ALL TANK CARS 
                          USED TO TRANSPORT CLASS 3 FLAMMABLE 
                          LIQUIDS.

    (a) In General.--Except as provided for in subsection (b), beginning 
on the date of enactment of this Act, all DOT-111 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.
    (b) Phase-Out Schedule.--Certain tank cars not meeting DOT-117, DOT-
117P, or DOT-117R specifications on the date of

[[Page 129 STAT. 1597]]

enactment of this Act may be used, regardless of train composition, 
until the following end-dates:
            (1) For transport of unrefined petroleum products in Class 3 
        flammable service, including crude oil--
                    (A) January 1, 2018, for non-jacketed DOT-111 tank 
                cars;
                    (B) March 1, 2018, for jacketed DOT-111 tank cars;
                    (C) April 1, 2020, for non-jacketed CPC-1232 tank 
                cars; and
                    (D) May 1, 2025, for jacketed CPC-1232 tank cars.
            (2) For transport of ethanol--
                    (A) May 1, 2023, for non-jacketed and jacketed DOT-
                111 tank cars;
                    (B) July 1, 2023, for non-jacketed CPC-1232 tank 
                cars; and
                    (C) May 1, 2025, for jacketed CPC-1232 tank cars.
            (3) For transport of Class 3 flammable liquids in Packing 
        Group I, other than Class 3 flammable liquids specified in 
        paragraphs (1) and (2), May 1, 2025.
            (4) For transport of Class 3 flammable liquids in Packing 
        Groups II and III, other than Class 3 flammable liquids 
        specified in paragraphs (1) and (2), May 1, 2029.

    (c) Retrofitting Shop Capacity.--The Secretary may extend the 
deadlines established under paragraphs (3) and (4) of subsection (b) for 
a period not to exceed 2 years if the Secretary determines that 
insufficient retrofitting shop capacity will prevent the phase-out of 
tank cars not meeting the DOT-117, DOT-117P, or DOT-117R specifications 
by the deadlines set forth in such paragraphs.
    (d) Conforming Regulatory Amendments.--
            (1) In general.--Immediately after the date of enactment of 
        this section, the Secretary--
                    (A) shall remove or revise the date-specific 
                deadlines in any applicable regulations or orders to the 
                extent necessary to conform with the requirements of 
                this section; and
                    (B) may not enforce any such date-specific deadlines 
                or requirements that are inconsistent with the 
                requirements of this section.
            (2) 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.

    (e) Savings Clause.--Nothing in this section shall be construed to 
prohibit the Secretary from implementing the final rule issued on May 
08, 2015, entitled ``Enhanced Tank Car Standards and Operational 
Controls for High-Hazard Flammable Trains'' (80 Fed. Reg. 26643), other 
than the provisions of the final rule that are inconsistent with this 
section.
    (f) Class 3 Flammable Liquid Defined.--In this section, the term 
``Class 3 flammable liquid'' has the meaning given the term flammable 
liquid in section 173.120(a) of title 49, Code of Federal Regulations.
SEC. 7305. <<NOTE: 49 USC 20155 note.>> THERMAL BLANKETS.

    (a) Requirements.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue such regulations as are 
necessary to require that each tank car built to meet the DOT-117 
specification and each non-jacketed tank car modified

[[Page 129 STAT. 1598]]

to meet the DOT-117R specification be equipped with an insulating 
blanket with at least \1/2\-inch-thick material that has been approved 
by the Secretary pursuant to section 179.18(c) of title 49, Code of 
Federal Regulations.
    (b) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from approving new or alternative technologies or materials as 
they become available that provide a level of safety at least equivalent 
to the level of safety provided for under subsection (a).
SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION FOR 
                          CLASS DOT-117R TANK CARS.

    (a) Protective Housing.--Except as provided in subsections (b) and 
(c), top fittings on DOT specification 117R tank cars shall be located 
inside a protective housing not less than \1/2\-inch in thickness and 
constructed of a material having a tensile strength not less than 65 
kilopound per square inch and conform to the following specifications:
            (1) The protective housing shall be as tall as the tallest 
        valve or fitting involved and the height of a valve or fitting 
        within the protective housing must be kept to the minimum 
        compatible with their proper operation.
            (2) The protective housing or cover may not reduce the flow 
        capacity of the pressure relief device below the minimum 
        required.
            (3) The protective housing shall provide a means of drainage 
        with a minimum flow area equivalent to six 1-inch diameter 
        holes.
            (4) When connected to the nozzle or fittings cover plate and 
        subject to a horizontal force applied perpendicular to and 
        uniformly over the projected plane of the protective housing, 
        the tensile connection strength of the protective housing shall 
        be designed to be--
                    (A) no greater than 70 percent of the nozzle to tank 
                tensile connection strength;
                    (B) no greater than 70 percent of the cover plate to 
                nozzle connection strength; and
                    (C) no less than either 40 percent of the nozzle to 
                tank tensile connection strength or the shear strength 
                of twenty \1/2\-inch bolts.

    (b) Pressure Relief Devices.--
            (1) The pressure relief device shall be located inside the 
        protective housing, unless space does not permit. If multiple 
        pressure relief devices are equipped, no more than 1 may be 
        located outside of a protective housing.
            (2) The highest point on any pressure relief device located 
        outside of a protective housing may not be more than 12 inches 
        above the tank jacket.
            (3) The highest point on the closure of any unused pressure 
        relief device nozzle may not be more than 6 inches above the 
        tank jacket.

    (c) Alternative Protection.--As an alternative to the 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.

[[Page 129 STAT. 1599]]

    (d) Implementation.--Nothing in this section shall be construed to 
require the Secretary to issue regulations to implement this section.
    (e) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from approving new technologies, methods or 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--
            (1) the status of such rulemaking;
            (2) any reasons why such final rule has not been 
        implemented;
            (3) a plan for completing such final rule as soon as 
        practicable; and
            (4) the estimated date of completion of such final rule.
SEC. 7308. <<NOTE: 49 USC 20155 note.>> MODIFICATION REPORTING.

    (a) 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.
    (b) Tank Car Data.--The Secretary shall collect data from shippers 
and rail tank car owners on--
            (1) the total number of tank cars modified to meet the DOT-
        117R specification, or equivalent, specifying--
                    (A) the type or specification of each tank car 
                before it was modified, including non-jacketed DOT-111, 
                jacketed DOT-111, non-jacketed DOT-111 meeting the CPC-
                1232 standard, or jacketed DOT-111 meeting the CPC-1232 
                standard; and
                    (B) the identification number of each Class 3 
                flammable liquid carried by each tank car in the past 
                year;
            (2) the total number of tank cars built to meet the DOT-117 
        specification, or equivalent; and
            (3) the total number of tank cars used or likely to be used 
        to transport Class 3 flammable liquids that have not been 
        modified, specifying--
                    (A) the type or specification of each tank car not 
                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
                    (B) the identification number of each Class 3 
                flammable liquid carried by each tank car in the past 
                year.

    (c) Tank Car Shop Data.--The Secretary shall conduct a survey of 
tank car facilities modifying tank cars to the DOT-117R specification, 
or equivalent, or building new tank cars to the DOT-117 specification, 
or equivalent, to generate statistically-

[[Page 129 STAT. 1600]]

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.
    (d) Frequency.--The Secretary shall collect the data under 
subsection (b) and conduct the survey under subsection (c) annually 
until May 1, 2029.
    (e) Information Protections.--
            (1) In general.--The Secretary shall only report data in 
        industry-wide totals and shall treat company-specific 
        information as confidential business information.
            (2) Level of confidentiality.--The Secretary shall ensure 
        the data collected under subsection (b) and the survey data 
        under subsection (c) have the same level of confidentiality as 
        required by the Confidential Information Protection and 
        Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as 
        administered by the Bureau of Transportation Statistics.
            (3) Designee.--The Secretary may--
                    (A) designate the Director of the Bureau of 
                Transportation Statistics to collect data under 
                subsection (b) and the survey data under subsection (c); 
                and
                    (B) direct the Director to ensure the confidentially 
                of company-specific information to the maximum extent 
                permitted by law.

    (f) Report.--Each year, not later than 60 days after the date that 
both the collection of the data under subsection (b) and the survey 
under subsection (c) are complete, the Secretary shall submit a written 
report on the aggregate results, without company-specific information, 
to--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

    (g) Definition of Class 3 Flammable Liquid.--In this section, the 
term ``Class 3 flammable liquid'' has the meaning given the term 
flammable liquid in section 173.120 of title 49, Code of Federal 
Regulations.
SEC. 7309. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH STUDY.

    Not later than 180 days after the research completion of the 
comprehensive Crude Oil Characteristics Research Sampling, 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--
            (1) the results of the comprehensive Crude Oil 
        Characteristics Research Sampling, Analysis, and Experiment Plan 
        study; and
            (2) recommendations, based on the findings of the study, 
        for--
                    (A) regulations by the Secretary of Transportation 
                or the Secretary of Energy to improve the safe transport 
                of crude oil; and

[[Page 129 STAT. 1601]]

                    (B) legislation to improve the safe transport of 
                crude oil.
SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.

    (a) In General.--Not later than 120 days after the date of enactment 
of this Act, the Secretary shall initiate a study on the levels and 
structure of insurance for railroad carriers transporting hazardous 
materials.
    (b) Contents.--ln conducting the study under subsection (a), the 
Secretary shall evaluate--
            (1) the level and structure of insurance, including self-
        insurance, available in the private market against the full 
        liability potential for damages arising from an accident or 
        incident involving a train transporting hazardous materials;
            (2) the level and structure of insurance that would be 
        necessary and appropriate--
                    (A) to efficiently allocate risk and financial 
                responsibility for claims; and
                    (B) to ensure that a railroad carrier transporting 
                hazardous materials can continue to operate despite the 
                risk of an accident or incident; and
            (3) the potential applicability, for a train transporting 
        hazardous materials, of an alternative insurance model, 
        including--
                    (A) a secondary liability coverage pool or pools to 
                supplement commercial insurance; and
                    (B) other models administered by the Federal 
                Government.

    (c) Report.--Not later than 1 year after the date the study under 
subsection (a) is initiated, the Secretary shall submit a report 
containing the results of the study and recommendations for addressing 
liability issues with rail transportation of hazardous materials to--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

    (d) Definitions.--ln this section:
            (1) Hazardous material.--The term ``hazardous material'' 
        means a substance or material the Secretary designates as 
        hazardous under section 5103 of title 49, United States Code.
            (2) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning given the term in section 20102 of title 49, United 
        States Code.
SEC. 7311. <<NOTE: 49 USC 20141 note.>> STUDY AND TESTING OF 
                          ELECTRONICALLY CONTROLLED PNEUMATIC 
                          BRAKES.

    (a) Government Accountability Office Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct an independent evaluation of ECP brake 
        systems, pilot program data, and the Department's research and 
        analysis on the costs, benefits, and effects of ECP brake 
        systems.
            (2) Study elements.--In completing the independent 
        evaluation under paragraph (1), the Comptroller General shall 
        examine the following issues related to ECP brake systems:

[[Page 129 STAT. 1602]]

                    (A) 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.
                    (B) Data and modeling results on business benefits, 
                including the effects of dynamic braking.
                    (C) Data on costs, including up-front capital costs 
                and on-going maintenance costs.
                    (D) Analysis of potential operational benefits and 
                challenges, including the effects of potential 
                locomotive and car segregation, technical reliability 
                issues, and network disruptions.
                    (E) Analysis of potential implementation challenges, 
                including installation time, positive train control 
                integration complexities, component availability issues, 
                and tank car shop capabilities.
                    (F) Analysis of international experiences with the 
                use of advanced braking technologies.
            (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General shall transmit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        independent evaluation under paragraph (1).

    (b) Emergency Braking Application Testing.--
            (1) In general.--The Secretary shall enter into an agreement 
        with the National Academy of Sciences to--
                    (A) 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
                    (B) 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.
            (2) Independent experts.--In completing the testing under 
        paragraph (1)(A), the National Academy of Sciences may contract 
        with 1 or more engineering or rail experts, as appropriate, 
        that--
                    (A) are not railroad carriers, entities funded by 
                such carriers, or entities directly impacted by the 
                final rule issued on May 8, 2015, entitled ``Enhanced 
                Tank Car Standards and Operational Controls for High-
                Hazard Flammable Trains'' (80 Fed. Reg. 26643); and
                    (B) have relevant experience in conducting railroad 
                safety technology tests or similar crash tests.
            (3) Testing framework.--In completing the testing under 
        paragraph (1), the National Academy of Sciences and each 
        contractor described in paragraph (2) shall ensure that the 
        testing objectively, accurately, and reliably measures the 
        performance of ECP brake systems relative to other braking 
        technologies or systems, such as distributed power and 2-way 
        end-of-train devices, including differences in--
                    (A) the number of cars derailed;
                    (B) the number of cars punctured;

[[Page 129 STAT. 1603]]

                    (C) the measures of in-train forces; and
                    (D) the stopping distance.
            (4) Funding.--The Secretary shall provide funding, as part 
        of the agreement under paragraph (1), to the National Academy of 
        Sciences for the testing required under this section--
                    (A) using sums made available to carry out sections 
                20108 and 5118 of title 49, United States Code; and
                    (B) to the extent funding under subparagraph (A) is 
                insufficient or unavailable to fund the testing required 
                under this section, using such sums as are necessary 
                from the amounts appropriated to the Secretary, the 
                Federal Railroad Administration, or the Pipeline and 
                Hazardous Materials Safety Administration, or a 
                combination thereof.
            (5) Equipment.--
                    (A) Receipt.--The National Academy of Sciences and 
                each contractor described in paragraph (2) may receive 
                or use rolling stock, track, and other equipment or 
                infrastructure from a railroad carrier or other private 
                entity for the purposes of conducting the testing 
                required under this section.
                    (B) Contracted use.--Notwithstanding paragraph 
                (2)(A), to facilitate testing, the National Academy of 
                Sciences and each contractor may contract with a 
                railroad carrier or any other private entity for the use 
                of such carrier or entity's rolling stock, track, or 
                other equipment and receive technical assistance on 
                their use.

    (c) Evidence-Based Approach.--
            (1) Analysis.--The Secretary shall--
                    (A) not later than 90 days after the report date, 
                fully incorporate the results of the evaluation under 
                subsection (a) and the testing under subsection (b) and 
                update the regulatory impact analysis of the final rule 
                described in subsection (b)(2)(A) of the costs, 
                benefits, and effects of the applicable ECP brake system 
                requirements;
                    (B) as soon as practicable after completion of the 
                updated analysis under subparagraph (A), solicit public 
                comment in the Federal Register on the analysis for a 
                period of not more than 30 days; and
                    (C) not later than 60 days after the end of the 
                public comment period under subparagraph (B), post the 
                final updated regulatory impact analysis on the 
                Department of Transportation's Internet Web site.
            (2) Determination.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) determine, based on whether the final regulatory 
                impact analysis described in paragraph (1)(C) 
                demonstrates that the benefits, including safety 
                benefits, of the applicable ECP brake system 
                requirements exceed the costs of such requirements, 
                whether the applicable ECP brake system requirements are 
                justified;
                    (B) if the applicable ECP brake system requirements 
                are justified, publish in the Federal Register the 
                determination and reasons for such determination; and
                    (C) if the Secretary does not publish the 
                determination under subparagraph (B), repeal the 
                applicable ECP brake system requirements.

[[Page 129 STAT. 1604]]

            (3) 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.

    (d) Definitions.--In this section, the following definitions apply:
            (1) 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.
            (2) 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.
            (3) ECP.--The term ``ECP'' means electronically controlled 
        pneumatic when applied to a brake or brakes.
            (4) ECP brake mode.--The term ``ECP brake mode'' includes 
        any operation of a rail car or an entire train using an ECP 
        brake system.
            (5) ECP brake system.--
                    (A) In general.--The term ``ECP brake system'' means 
                a train power braking system actuated by compressed air 
                and controlled by electronic signals from the locomotive 
                or an ECP-EOT to the cars in the consist for service and 
                emergency applications in which the brake pipe is used 
                to provide a constant supply of compressed air to the 
                reservoirs on each car but does not convey braking 
                signals to the car.
                    (B) Inclusions.--The term ``ECP brake system'' 
                includes dual mode and stand-alone ECP brake systems.
            (6) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning given the term in section 20102 of title 49, United 
        States Code.
            (7) Report date.--The term ``report date'' means the date 
        that the reports under subsections (a)(3) and (b)(1)(B) are 
        required to be transmitted pursuant to those subsections.

              TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.

    (a) In General.--Subtitle IX of title 49, <<NOTE: 49 USC prec. 
70101.>> United States Code, is amended to read as follows:

[[Page 129 STAT. 1605]]

            ``Subtitle IX--Multimodal Freight Transportation

``Chapter                                                           Sec.
``701. Multimodal freight policy.................................. 70101
``702. Multimodal freight transportation planning and information. 70201

                ``CHAPTER 701--MULTIMODAL FREIGHT POLICY

``Sec.
``70101. National multimodal freight policy.
``70102. National freight strategic plan.
``70103. National Multimodal Freight Network.

``Sec. 70101. <<NOTE: 49 USC 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

[[Page 129 STAT. 1606]]

            ``(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.
``Sec. 70102. <<NOTE: 49 USC 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.

[[Page 129 STAT. 1607]]

    ``(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.
``Sec. 70103. <<NOTE: 49 USC 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.

[[Page 129 STAT. 1608]]

    ``(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

[[Page 129 STAT. 1609]]

                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--

[[Page 129 STAT. 1610]]

                                    ``(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-- <<NOTE: 49 USC prec. 70201.>> MULTIMODAL FREIGHT 
TRANSPORTATION PLANNING AND INFORMATION

``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Transportation investment data and planning tools.
``70204. Savings provision.

``Sec. 70201. <<NOTE: 49 USC 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.
``Sec. 70202. <<NOTE: 49 USC 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

[[Page 129 STAT. 1611]]

                    ``(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).
``Sec. 70203. <<NOTE: 49 USC 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-

[[Page 129 STAT. 1612]]

        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).
``Sec. 70204. <<NOTE: 49 USC 70204.>>  Savings provision

    ``Nothing in this subtitle provides additional authority to regulate 
or direct private activity on freight networks designated under this 
subtitle.''.
    (b) Clerical Amendment.--The analysis of subtitles for title 49, 
United States Code, <<NOTE: 49 USC prec. 101.>>  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.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 116. <<NOTE: 49 USC 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);

[[Page 129 STAT. 1613]]

            ``(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

[[Page 129 STAT. 1614]]

        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;

[[Page 129 STAT. 1615]]

                    ``(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.--

[[Page 129 STAT. 1616]]

            ``(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.--

[[Page 129 STAT. 1617]]

            ``(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.

[[Page 129 STAT. 1618]]

    ``(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.''.

    (b) Clerical Amendment.--The analysis for such chapter <<NOTE: 49 
USC 101.>>  is amended by adding at the end the following:

``116. National Surface Transportation and Innovative Finance Bureau.''.

SEC. 9002. COUNCIL ON CREDIT AND FINANCE.

    (a) In General.--Chapter 1 of title 49, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
``Sec. 117. <<NOTE: 49 USC 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.

[[Page 129 STAT. 1619]]

                    ``(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.''.

    (b) Clerical Amendment.--The analysis for such chapter <<NOTE: 49 
USC prec. 101.>>  is further amended by adding at the end the following:

``117. Council on Credit and Finance.''.

     TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

SEC. 10001. ALLOCATIONS.

    (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent'' 
and inserting ``58.012 percent''.
    (b) In General.--Section 4 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``For each'' and all that 
                      follows through ``the balance'' and inserting 
                      ``For each fiscal year through fiscal year 2021, 
                      the balance''; and
                          (ii) by striking ``multistate conservation 
                      grants under section 14'' and inserting 
                      ``activities under section 14(e)'';
                    (B) in paragraph (1), by striking ``18.5 percent'' 
                and inserting ``18.673 percent'';

[[Page 129 STAT. 1620]]

                    (C) in paragraph (2) by striking ``18.5 percent'' 
                and inserting ``17.315 percent'';
                    (D) by striking paragraphs (3) and (4);
                    (E) by redesignating paragraph (5) as paragraph (4); 
                and
                    (F) by inserting after paragraph (2) the following:
            ``(3) Boating infrastructure improvement.--
                    ``(A) In general.--An amount equal to 4 percent to 
                the Secretary of the Interior for qualified projects 
                under section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note) and section 7404(d) of the 
                Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 
                777g-1(d)).
                    ``(B) Limitation.--Not more than 75 percent of the 
                amount under subparagraph (A) shall be available for 
                projects under either of the sections referred to in 
                subparagraph (A).'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(A) by striking ``for each'' and 
                all that follows through ``the Secretary'' and inserting 
                ``for each fiscal year through fiscal year 2021, the 
                Secretary'';
                    (B) by redesignating paragraph (2) as paragraph (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Set-aside for coast guard administration.--
                    ``(A) In general.--From the annual appropriation 
                made in accordance with section 3, for each of fiscal 
                years 2016 through 2021, the Secretary of the department 
                in which the Coast Guard is operating may use no more 
                than the amount specified in subparagraph (B) for the 
                fiscal year for the purposes set forth in section 
                13107(c) of title 46, United States Code. The amount 
                specified in subparagraph (B) for a fiscal year may not 
                be included in the amount of the annual appropriation 
                distributed under subsection (a) for the fiscal year.
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          ``(i) for fiscal year 2016, $7,700,000; and
                          ``(ii) for fiscal year 2017 and each fiscal 
                      year 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
                    (D) in paragraph (3), as so redesignated--
                          (i) in subparagraph (A), by striking ``until 
                      the end of the fiscal year.'' and inserting 
                      ``until the end of the subsequent fiscal year.''; 
                      and
                          (ii) in subparagraph (B) by striking ``under 
                      subsection (e)'' and inserting ``under subsection 
                      (c)'';
            (3) in subsection (c)--
                    (A) by striking ``(c) The Secretary'' and inserting 
                ``(c)(1) The Secretary,'';

[[Page 129 STAT. 1621]]

                    (B) by striking ``grants under section 14 of this 
                title'' and inserting ``activities under section 
                14(e)'';
                    (C) by striking ``57 percent'' and inserting 
                ``58.012 percent''; and
                    (D) 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
            (4) in subsection (e)(1), by striking ``those subsections,'' 
        and inserting ``those paragraphs,''.

    (c) 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''.
    (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is 
amended by striking ``57 percent'' and inserting ``58.012 percent''.
    (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777k) is amended--
            (1) by striking ``57 percent'' and inserting ``58.012 
        percent''; and
            (2) by striking ``under section 4(b)'' and inserting ``under 
        section 4(c)''.

    (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777m) is amended--
            (1) in subsection (a)(1), by striking ``of each annual 
        appropriation made in accordance with the provisions of section 
        3''; and
            (2) in subsection (e)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``Of amounts made available under section 4(b) 
                for each fiscal year--'' and inserting ``Not more than 
                $1,200,000 of each annual appropriation made in 
                accordance with the provisions of section 3 shall be 
                distributed to the Secretary of the Interior for use as 
                follows:''; and
                    (B) in paragraph (1)(D) by striking ``; and'' and 
                inserting a period.

    (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777 et seq.) is amended--
            (1) by striking section 15; and
            (2) <<NOTE: 16 USC 777 note.>>  by redesignating section 16 
        as section 15.
SEC. 10002. RECREATIONAL BOATING SAFETY.

    Section 13107 of title 46, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1) Subject to paragraph (2) and 
                subsection (c),'' and inserting ``Subject to subsection 
                (c),'';
                    (B) 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
                    (C) by striking paragraph (2); and
            (2) in subsection (c)--
                    (A) by striking the subsection designation and 
                paragraph (1) and inserting the following:

[[Page 129 STAT. 1622]]

    ``(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
                    (B) in paragraph (2)--
                          (i) by striking ``No funds'' and inserting 
                      ``On and after October 1, 2016, no funds''; and
                          (ii) by striking ``traditionally''.

 TITLE XI <<NOTE: Passenger Rail Reform and Investment Act of 2015.>> --
RAIL
SEC. 11001. <<NOTE: 49 USC 20101 note.>>  SHORT TITLE.

    This title may be cited as the ``Passenger Rail Reform and 
Investment Act of 2015''.

                       Subtitle A--Authorizations

SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.

    (a) Northeast Corridor.--There are authorized to be appropriated to 
the Secretary for the use of Amtrak for activities associated with the 
Northeast Corridor the following amounts:
            (1) For fiscal year 2016, $450,000,000.
            (2) For fiscal year 2017, $474,000,000.
            (3) For fiscal year 2018, $515,000,000.
            (4) For fiscal year 2019, $557,000,000.
            (5) For fiscal year 2020, $600,000,000.

    (b) National Network.--There are authorized to be appropriated to 
the Secretary for the use of Amtrak for activities associated with the 
National Network the following amounts:
            (1) For fiscal year 2016, $1,000,000,000.
            (2) For fiscal year 2017, $1,026,000,000.
            (3) For fiscal year 2018, $1,085,000,000.
            (4) For fiscal year 2019, $1,143,000,000.
            (5) For fiscal year 2020, $1,200,000,000.

    (c) Project Management Oversight.--The Secretary may withhold up to 
one half of 1 percent of the amount appropriated under subsections (a) 
and (b) for the costs of management oversight of Amtrak.
    (d) Gulf Coast Working Group.--Of the total amount made available to 
the Office of the Secretary of Transportation and the Federal Railroad 
Administration, for each of fiscal years 2016 and 2017, $500,000 shall 
be used to convene the Gulf Coast rail service

[[Page 129 STAT. 1623]]

working group established under section 11304 of this Act and carry out 
its responsibilities under such section.
    (e) Competition.--In administering grants to Amtrak under section 
24319 of title 49, United States Code, the Secretary may withhold, from 
amounts that would otherwise be made available to Amtrak, such sums as 
are necessary from the amount 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.
    (f) State-supported Route Committee.--The Secretary may withhold up 
to $2,000,000 from the amount appropriated in each fiscal year under 
subsection (b) of this section for the use of the State-Supported Route 
Committee established under section 24712 of title 49, United States 
Code.
    (g) Northeast Corridor Commission.--The Secretary may withhold up to 
$5,000,000 from the amount appropriated in each fiscal year under 
subsection (a) of this section for the use of the Northeast Corridor 
Commission established under section 24905 of title 49, United States 
Code.
    (h) Northeast Corridor.--For purposes of this section, the term 
``Northeast Corridor'' means the Northeast Corridor main line between 
Boston, Massachusetts, and the District of Columbia, and facilities and 
services used to operate and maintain that line.
    (i) Small Business Participation Study.--Of the total amount made 
available to the Office of the Secretary of Transportation and the 
Federal Railroad Administration, for each of fiscal years 2016 and 2017, 
$1,500,000 shall be used to implement the small business participation 
study authorized under section 11310 of this Act.
SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                            IMPROVEMENTS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for grants under section 24407 of title 49, United States 
Code, (as added by section 11301 of this Act), the following amounts:
            (1) For fiscal year 2016, $98,000,000.
            (2) For fiscal year 2017, $190,000,000.
            (3) For fiscal year 2018, $230,000,000.
            (4) For fiscal year 2019, $255,000,000.
            (5) For fiscal year 2020, $330,000,000.

    (b) Project Management Oversight.--The Secretary may withhold up to 
1 percent from the amount appropriated under subsection (a) of this 
section for the costs of project management oversight of grants carried 
out under section 24407 of title 49, United States Code.
SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for grants under section 24911 of title 49, United States 
Code, (as added by section 11302 of this Act), the following amounts:
            (1) For fiscal year 2016, $82,000,000.
            (2) For fiscal year 2017, $140,000,000.
            (3) For fiscal year 2018, $175,000,000.
            (4) For fiscal year 2019, $300,000,000.
            (5) For fiscal year 2020, $300,000,000.

[[Page 129 STAT. 1624]]

    (b) Project Management Oversight.--The Secretary may withhold up to 
1 percent from the amount appropriated under subsection (a) of this 
section for the costs of project management oversight of grants carried 
out under section 24911 of title 49, United States Code.
SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for grants under section 24408 of title 49, United States 
Code, (as added by section 11303 of this Act), $20,000,000 for each of 
fiscal years 2016 through 2020.
    (b) Project Management Oversight.--The Secretary may withhold up to 
1 percent from the amount appropriated under subsection (a) of this 
section for the costs of project management oversight of grants carried 
out under section 24408 of title 49, United States Code.
SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE OF 
                            INSPECTOR GENERAL.

    There are authorized to be appropriated to the Office of Inspector 
General of Amtrak the following amounts:
            (1) For fiscal year 2016, $20,000,000.
            (2) For fiscal year 2017, $20,500,000.
            (3) For fiscal year 2018, $21,000,000.
            (4) For fiscal year 2019, $21,500,000.
            (5) For fiscal year 2020, $22,000,000.
SEC. 11106. DEFINITIONS.

    (a) Title 49 Amendments.--Section 24102 of title 49, United States 
Code, is amended--
            (1) by redesignating paragraphs (5) through (9) as 
        paragraphs (7) through (11), respectively;
            (2) 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
            (3) 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).''.

    (b) Conforming Amendments.--
            (1) Section 217 of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24702 note) is amended by 
        striking ``24102(5)(D)'' and inserting ``24102(7)(D)''.
            (2) Section 209(a) of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24101 note) is amended

[[Page 129 STAT. 1625]]

        by striking ``24102(5)(B) and (D)'' and inserting ``24102(7)(B) 
        and (D)''.

                       Subtitle B--Amtrak Reforms

SEC. 11201. ACCOUNTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24317. <<NOTE: 49 USC 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.

[[Page 129 STAT. 1626]]

    ``(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.

[[Page 129 STAT. 1627]]

    ``(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.''.
    (b) Conforming Amendment.--The table of contents for chapter 
243 <<NOTE: 49 USC prec. 24301.>>  is amended by adding at the end the 
following:

        ``24317. Accounts.''.

[[Page 129 STAT. 1628]]

SEC. 11202. AMTRAK GRANT PROCESS.

    (a) Requirements and Procedures.--Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 24318. <<NOTE: 49 USC 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.
``Sec. 24319. <<NOTE: 49 USC 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

[[Page 129 STAT. 1629]]

                          ``(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.

[[Page 129 STAT. 1630]]

    ``(h) Definition of Northeast Corridor.--Notwithstanding section 
24102, for purposes of this section, the term `Northeast Corridor' means 
the Northeast Corridor main line between Boston, Massachusetts, and the 
District of Columbia, and facilities and services used to operate and 
maintain that line.''.
    (b) Conforming Amendments.--The table of contents for chapter 
243 <<NOTE: 49 USC prec. 24301.>>  is further amended by adding at the 
end the following:

        ``24318. Costs and revenues.
        ``24319. Grant process.''.

    (c) Repeals.--
            (1) Establishment of grant process.--Section 206 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 
        24101 note) and the item relating to that section in the table 
        of contents of that Act are repealed.
            (2) Authorization of appropriations.--Section 24104 of title 
        49, United States Code, and the item relating to that section in 
        the table of contents of chapter 241 <<NOTE: 49 USC prec. 
        24101.>>  are repealed.
SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.

    (a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 243 of 
title 49, United States Code, is further amended by inserting after 
section 24319 the following:
``Sec. 24320. <<NOTE: 49 USC 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--

[[Page 129 STAT. 1631]]

                    ``(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.

[[Page 129 STAT. 1632]]

            ``(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;

[[Page 129 STAT. 1633]]

                                    ``(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

[[Page 129 STAT. 1634]]

                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).''.

    (b) <<NOTE: 49 USC 24320 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.

    (c) Conforming Amendments.--The table of contents for chapter 243 of 
title 49, United States Code, <<NOTE: 49 USC prec. 24301.>>  is amended 
by adding at the end the following:

``24320. Amtrak 5-year business line and asset plans.''.

    (d) Repeal of 5-Year Financial Plan.--Section 204 of the Passenger 
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and 
the item relating to that section in the table of contents of that Act, 
are repealed.
SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE.

    (a) Amendment.--Chapter 247 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24712. <<NOTE: 49 USC 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--

[[Page 129 STAT. 1635]]

                    ``(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.--

[[Page 129 STAT. 1636]]

            ``(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

[[Page 129 STAT. 1637]]

            ``(2) shall not pertain to the rail operations or related 
        activities of services operated by other rail carriers on State-
        supported routes.

    ``(h) Definition of State.--In this section, the term `State' means 
any of the 50 States, including the District of Columbia, that sponsor 
the operation of trains by Amtrak on a State-supported route, or a 
public entity that sponsors such operation on such a route.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for chapter 
        247 of title 49, United States Code, <<NOTE: 49 USC 24701.>>  is 
        amended by adding at the end the following:

``24712. State-supported routes operated by Amtrak.''.

            (2) Passenger rail investment and improvement act.--Section 
        209 of the Passenger Rail Investment and Improvement Act of 2008 
        (49 U.S.C. 24101 note) is amended--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively.
SEC. 11205. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.

    Section 24302 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``9 directors'' and inserting ``10 
                directors'';
                    (B) in subparagraph (B) by inserting ``, who shall 
                serve as a nonvoting member of the Board'' after 
                ``Amtrak''; and
                    (C) in subparagraph (C) by striking ``7'' and 
                inserting ``8''; and
            (2) in subsection (e), by inserting ``who are eligible to 
        vote'' after ``serving''.
SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS.

    Section 208 of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note) is amended to read as follows:
``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE 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;

[[Page 129 STAT. 1638]]

            ``(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.

    (a) Amendment.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 24321. <<NOTE: 40 USC 24321 note.>>  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--

[[Page 129 STAT. 1639]]

            ``(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.''.
    (b) Conforming Amendment.--The table of sections for chapter 243 of 
title 49, United States Code, <<NOTE: 49 USC prec. 24301.>>  is further 
amended by adding at the end the following new item:

``24321. Food and beverage reform.''.

SEC. 11208. ROLLING STOCK PURCHASES.

    (a) Amendment.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 24322. <<NOTE: 49 USC 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

[[Page 129 STAT. 1640]]

Amtrak from entering into a contract after submission of a business case 
analysis under subsection (a).''.
    (b) Conforming Amendment.--The table of sections for chapter 243 of 
title 49, United States Code, <<NOTE: 49 USC 24301.>>  is further 
amended by adding at the end the following new item:

``24322. Rolling stock purchases.''.

SEC. 11209. <<NOTE: 49 USC 24305 note.>>  LOCAL PRODUCTS AND 
                            PROMOTIONAL EVENTS.

    (a) In General.--Not later than 6 months after the date of enactment 
of this Act, Amtrak shall establish a pilot program for a State or 
States that sponsor a State-supported route operated by Amtrak to 
facilitate--
            (1) onboard purchase and sale of local food and beverage 
        products; and
            (2) partnerships with local entities to hold promotional 
        events on trains or in stations.

    (b) Program Design.--The pilot program under paragraph (1) shall--
            (1) allow a State or States to nominate and select a local 
        food and beverage products supplier or suppliers or local 
        promotional event partner;
            (2) allow a State or States to charge a reasonable price or 
        fee for local food and beverage products or promotional events 
        and related activities to help defray the costs of program 
        administration and State-supported routes; and
            (3) provide a mechanism to ensure that State products can 
        effectively be handled and integrated into existing food and 
        beverage services, including compliance with all applicable 
        regulations and standards governing such services.

    (c) Program Administration.--The pilot program shall--
            (1) for local food and beverage products, ensure the 
        products are integrated into existing food and beverage 
        services, including compliance with all applicable regulations 
        and standards;
            (2) for promotional events, ensure the events are held in 
        compliance with all applicable regulations and standards, 
        including terms to address insurance requirements; and
            (3) require an annual report that documents revenues and 
        costs and indicates whether the products or events resulted in a 
        reduction in the financial contribution of a State or States to 
        the applicable State-supported route.

    (d) Report.--Not later than 4 years after the date of enactment of 
this Act, Amtrak shall report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives on which States have 
participated in the pilot programs under this section. The report shall 
summarize the financial and operational outcomes of the pilot programs 
and include any plan for future action.
    (e) Rule of Construction.--Nothing in this section shall be 
construed as limiting Amtrak's ability to operate special trains in 
accordance with section 216 of the Passenger Rail Investment and 
Improvement Act of 2008 (49 U.S.C. 24308 note).

[[Page 129 STAT. 1641]]

SEC. 11210. <<NOTE: 49 USC 24305 note.>>  AMTRAK PILOT PROGRAM FOR 
                            PASSENGERS TRANSPORTING DOMESTICATED 
                            CATS AND DOGS.

    (a) 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.
    (b) Pet Policy.--In developing the pilot program required under 
subsection (a), Amtrak shall--
            (1) in the case of a passenger train that is comprised of 
        more than 1 car, designate, where feasible, at least 1 car in 
        which a ticketed passenger may transport a domesticated cat or 
        dog in the same manner as carry-on baggage if--
                    (A) the cat or dog is contained in a pet kennel;
                    (B) the pet kennel complies with Amtrak size 
                requirements for carriage of carry-on baggage;
                    (C) the passenger is traveling on a train operating 
                on a route described in subparagraph (A), (B), or (D) of 
                section 24102(7) of title 49, United States Code; and
                    (D) the passenger pays a fee described in paragraph 
                (3);
            (2) allow a ticketed passenger to transport a domesticated 
        cat or dog on a train in the same manner as cargo if--
                    (A) the cat or dog is contained in a pet kennel;
                    (B) the pet kennel complies with Amtrak size 
                requirements for carriage of carry-on baggage;
                    (C) the passenger is traveling on a train operating 
                on a route described in subparagraph (A), (B), or (D) of 
                section 24102(7) of title 49, United States Code;
                    (D) the cargo area is temperature controlled in a 
                manner protective of cat and dog safety and health; and
                    (E) the passenger pays a fee described in paragraph 
                (3); and
            (3) collect fees for each cat or dog transported by a 
        ticketed passenger in an amount that, in the aggregate and at a 
        minimum, covers the full costs of the pilot program.

    (c) Report.--Not later than 1 year after the pilot program required 
under subsection (a) is first implemented, Amtrak shall transmit to the 
Committee on Commerce, Science, and 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.
    (d) Limitation on Statutory Construction.--
            (1) 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.
            (2) Additional train cars.--Nothing in this section may be 
        interpreted to require Amtrak to add additional train cars or 
        modify existing train cars.
            (3) Federal funds.--No Federal funds may be used to 
        implement the pilot program required under this section.
SEC. 11211. <<NOTE: 49 USC 24305 note.>>  RIGHT-OF-WAY LEVERAGING.

    (a) Request for Proposals.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, Amtrak shall issue a Request for

[[Page 129 STAT. 1642]]

        Proposals seeking qualified persons or entities to utilize 
        right-of-way and real estate owned, controlled, or managed by 
        Amtrak for telecommunications systems, energy distribution 
        systems, and other activities considered appropriate by Amtrak.
            (2) Contents.--The Request for Proposals shall provide 
        sufficient information on the right-of-way and real estate 
        assets to enable respondents to propose an arrangement that will 
        monetize or generate additional revenue from such assets through 
        revenue sharing or leasing agreements with Amtrak, to the extent 
        possible.
            (3) Deadline.--Amtrak shall set a deadline for the 
        submission of proposals that is not later than 1 year after the 
        issuance of the Request for Proposals under paragraph (1).

    (b) Consideration of Proposals.--Not later than 180 days after the 
deadline for the receipt of proposals under subsection (a), the Amtrak 
Board of Directors shall review and consider each qualified proposal. 
Amtrak may enter into such agreements as are necessary to implement any 
qualified proposal.
    (c) Report.--Not later than 1 year after the deadline for the 
receipt of proposals under subsection (a), Amtrak shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the Request for Proposals required by this 
section, including summary information of any proposals submitted to 
Amtrak and any proposals accepted by the Amtrak Board of Directors.
    (d) Savings Clause.--Nothing in this section shall be construed to 
limit Amtrak's ability to utilize right-of-way or real estate assets 
that it currently owns, controls, or manages or constrain Amtrak's 
ability to enter into agreements with other parties to utilize such 
assets.
SEC. 11212. <<NOTE: 49 USC 24305 note.>>  STATION DEVELOPMENT.

    (a) Report on Development Options.--Not later than 1 year after the 
date of enactment of this Act, Amtrak shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that describes--
            (1) options to enhance economic development and 
        accessibility of and around Amtrak stations and terminals, for 
        the purposes of--
                    (A) improving station condition, functionality, 
                capacity, and customer amenities;
                    (B) generating additional investment capital and 
                development-related revenue streams;
                    (C) increasing ridership and revenue; and
                    (D) strengthening multimodal connections, including 
                transit, intercity buses, roll-on and roll-off bicycles, 
                and airports, as appropriate; and
            (2) options for additional Amtrak stops that would have a 
        positive incremental financial impact to Amtrak, based on Amtrak 
        feasibility studies that demonstrate a financial benefit to 
        Amtrak by generating additional revenue that exceeds any 
        incremental costs.

    (b) Request for Information.--Not later than 90 days after the date 
the report is submitted under subsection (a), Amtrak shall issue a 
Request for Information for 1 or more owners of

[[Page 129 STAT. 1643]]

stations served by Amtrak to formally express an interest in completing 
the requirements of this section.
    (c) Proposals.--
            (1) Request for proposals.--Not later than 180 days after 
        the date the Request for Information is issued under subsection 
        (b), Amtrak shall issue a Request for Proposals from qualified 
        persons, including small business concerns owned and controlled 
        by socially and economically 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.
            (2) 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.

    (d) Report.--Not later than 4 years after the date of enactment of 
this Act, Amtrak shall transmit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on the Request 
for Proposals process required under this section, including summary 
information of any qualified proposals submitted to Amtrak and any 
proposals acted upon by Amtrak or a station owner that responded under 
subsection (b).
    (e) Definitions.--In this section, the terms ``small business 
concern'', ``socially and economically disadvantaged individual'', and 
``veteran-owned small business'' have the meanings given the terms in 
section 11310(c) of this Act.
    (f) Savings Clause.--Nothing in this section shall be construed to 
limit Amtrak's ability to develop its stations, terminals, or other 
assets, to constrain Amtrak's ability to enter into and carry out 
agreements with other parties to enhance development at or around Amtrak 
stations or terminals, or to affect any station development initiatives 
ongoing as of the date of enactment of this Act.
SEC. 11213. AMTRAK BOARDING PROCEDURES.

    (a) Report.--Not later than 9 months after the date of 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--
            (1) evaluates Amtrak's boarding procedures for passengers, 
        including passengers using or transporting nonmotorized 
        transportation, such as bicycles, at its 15 stations through 
        which the most people pass;
            (2) compares Amtrak's boarding procedures to--
                    (A) boarding procedures of providers of commuter 
                railroad passenger transportation at stations shared 
                with Amtrak;
                    (B) international intercity passenger rail boarding 
                procedures; and
                    (C) fixed guideway transit boarding procedures; and

[[Page 129 STAT. 1644]]

            (3) makes recommendations, as appropriate, to improve 
        Amtrak's boarding procedures, including recommendations 
        regarding the queuing of passengers and free-flow of all station 
        users and facility improvements needed to achieve the 
        recommendations.

    (b) Consideration of Recommendations.--Not later than 6 months after 
the report is submitted under subsection (a), the Amtrak Board of 
Directors shall consider each recommendation provided under subsection 
(a)(3) for implementation at appropriate locations across the Amtrak 
system.
SEC. 11214. AMTRAK DEBT.

    Section 205 of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note) is amended--
            (1) by striking ``as of the date of enactment of this Act'' 
        each place it appears;
            (2) in subsection (a)--
                    (A) by inserting ``, to the extent provided in 
                advance in appropriations Acts'' after ``Amtrak's 
                indebtedness''; and
                    (B) by striking the second sentence;
            (3) in subsection (b) by striking ``The Secretary of the 
        Treasury, in consultation'' and inserting ``To the extent 
        amounts are provided in advance in appropriations Acts, the 
        Secretary of the Treasury, in consultation'';
            (4) in subsection (d), by inserting ``, to the extent 
        provided in advance in appropriations Acts'' after ``as 
        appropriate'';
            (5) in subsection (e)--
                    (A) in paragraph (1) by striking ``by section 102 of 
                this division''; and
                    (B) in paragraph (2) by striking ``by section 102'' 
                and inserting ``for Amtrak'';
            (6) in subsection (g) by inserting ``, unless that debt 
        receives credit assistance, including direct loans and loan 
        guarantees, under chapter 6 of title 23, United States Code or 
        title V of the Railroad Revitalization and Regulatory Reform Act 
        of 1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
            (7) by striking subsection (h).
SEC. 11215. <<NOTE: 49 USC 24320 note.>>  ELIMINATION OF 
                            DUPLICATIVE REPORTING.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall--
            (1) review existing Amtrak reporting requirements and 
        identify where the existing requirements are duplicative with 
        the business line and asset plans required by section 24320 of 
        title 49, United States Code, or any other planning or reporting 
        requirements under Federal law or regulation;
            (2) if the duplicative requirements identified under 
        paragraph (1) are administrative, eliminate such requirements; 
        and
            (3) submit to Congress a report with any recommendations for 
        repealing any other duplicative requirements.

               Subtitle C--Intercity Passenger Rail Policy

SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                            IMPROVEMENTS.

    (a) In General.--Chapter 244 of title 49, United States Code, is 
amended by adding at the end the following:

[[Page 129 STAT. 1645]]

``Sec. 24407. <<NOTE: 49 USC 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

[[Page 129 STAT. 1646]]

        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

[[Page 129 STAT. 1647]]

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

[[Page 129 STAT. 1648]]

        exclusively used for tourist, scenic, and excursion railroad 
        operations.''.

    (b) Conforming Amendment.--The table of contents of chapter 244 of 
title 49, United States Code, <<NOTE: 49 USC prec. 24401.>>  is amended 
by adding after the item relating to section 24406 the following:

``24407. Consolidated rail infrastructure and safety improvements.''.

    (c) Repeals.--
            (1) Sections 20154 and 20167 of chapter 201 of title 49, 
        United States Code, and the items relating to such sections in 
        the table of contents of such chapter, are repealed.
            (2) Section 24105 of chapter 241 of title 49, United States 
        Code, and the item relating to such section in the table of 
        contents of such chapter, <<NOTE: 49 USC prec. 24101.>>  is 
        repealed.
            (3) Chapter 225 of title 49, United States Code, and the 
        item relating to such chapter in the table of contents of 
        subtitle V of such title, <<NOTE: 49 USC prec. 20101.>>  is 
        repealed.
            (4) Section 22108 of chapter 221 of title 49, United States 
        Code, and the item relating to such section in the table of 
        contents of such chapter, <<NOTE: 49 USC prec. 22101.>>  are 
        repealed.
SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

    (a) Amendment.--Chapter 249 of title 49, United States Code, is 
amended by inserting after section 24910 the following:
``Sec. 24911. <<NOTE: 49 USC 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;

[[Page 129 STAT. 1649]]

                    ``(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;

[[Page 129 STAT. 1650]]

                    ``(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--

[[Page 129 STAT. 1651]]

                          ``(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.''.
    (b) Conforming Amendment.--The table of contents for chapter 
249 <<NOTE: 49 USC prec. 24901.>>  is amended by inserting after the 
item relating to section 24910 the following:

``24911. Federal-State partnership for state of good repair.''.

SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.

    (a) In General.--Chapter 244 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 24408. <<NOTE: 49 USC 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--

[[Page 129 STAT. 1652]]

                    ``(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;

[[Page 129 STAT. 1653]]

            ``(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

[[Page 129 STAT. 1654]]

                    ``(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.''.

    (b) Conforming Amendments.--
            (1) Chapter 244.--Chapter 244 of title 49, United States 
        Code, <<NOTE: 49 USC prec. 24401.>>  is further amended--
                    (A) in the table of contents by adding at the end 
                the following:

``24408. Restoration and enhancement grants.'';

                    (B) in the chapter heading by striking ``INTERCITY 
                PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE'' and 
                inserting ``RAIL IMPROVEMENT GRANTS'';
                    (C) in section 24402 by striking subsection (j); and
                    (D) in section 24405--
                          (i) in subsection (b)(2) by striking ``(43'' 
                      and inserting ``(45'';
                          (ii) in subsection (c)(2)(B) by striking 
                      ``protective arrangements established'' and 
                      inserting ``protective arrangements that are 
                      equivalent to the protective arrangements 
                      established'';
                          (iii) in subsection (d)(1), in the matter 
                      preceding subparagraph (A), by inserting ``or 
                      unless Amtrak ceased providing intercity passenger 
                      railroad 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
                          (iv) in subsection (f) by striking ``under 
                      this chapter for commuter rail passenger 
                      transportation, as defined in section 24102(4) of 
                      this title.'' and inserting ``under this chapter 
                      for commuter rail passenger transportation (as 
                      defined in section 24102(3)).''; and
            (2) Table of chapters amendment.--The item relating to 
        chapter 244 in the table of chapters of subtitle V of title 49, 
        United States Code, <<NOTE: 49 USC prec. 20101.>>  is amended by 
        striking ``Intercity passenger rail service corridor capital 
        assistance'' and inserting ``Rail improvement grants''.

[[Page 129 STAT. 1655]]

SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall convene a working group to evaluate the 
restoration of intercity rail passenger service in the Gulf Coast region 
between New Orleans, Louisiana, and Orlando, Florida.
    (b) Membership.--The working group convened pursuant to subsection 
(a) shall consist of representatives of--
            (1) the Federal Railroad Administration, which shall serve 
        as chair of the working group;
            (2) Amtrak;
            (3) the States along the proposed route or routes;
            (4) regional transportation planning organizations and 
        metropolitan planning organizations, municipalities, and 
        communities along the proposed route or routes, which shall be 
        selected by the Administrator;
            (5) the Southern Rail Commission;
            (6) railroad carriers whose tracks may be used for such 
        service; and
            (7) other entities determined appropriate by the Secretary, 
        which may include other railroad carriers that express an 
        interest in Gulf Coast service.

    (c) Responsibilities.--The working group shall--
            (1) evaluate all options for restoring intercity rail 
        passenger service in the Gulf Coast region, including options 
        outlined in the report transmitted to Congress pursuant to 
        section 226 of the Passenger Rail Investment and Improvement Act 
        of 2008 (division B of Public Law 110-432);
            (2) select a preferred option for restoring such service;
            (3) develop a prioritized inventory of capital projects and 
        other actions required to restore such service and cost 
        estimates for such projects or actions; and
            (4) identify Federal and non-Federal funding sources 
        required to restore such service, including options for entering 
        into public-private partnerships to restore such service.

    (d) Report.--Not later than 9 months after the date of 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--
            (1) the preferred option selected under subsection (c)(2) 
        and the reasons for selecting such option;
            (2) the information described in subsection (c)(3);
            (3) the funding sources identified under subsection (c)(4);
            (4) the costs and benefits of restoring intercity rail 
        passenger transportation in the region; and
            (5) any other information the working group determines 
        appropriate.

    (e) Funding.--From funds made available under section 11101(d), the 
Secretary shall provide--
            (1) financial assistance to the working group to perform 
        requested independent technical analysis of issues before the 
        working group; and
            (2) administrative expenses that the Secretary determines 
        necessary.

[[Page 129 STAT. 1656]]

SEC. 11305. NORTHEAST CORRIDOR COMMISSION.

    (a) Composition.--Section 24905(a) of title 49, United States Code, 
is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A) by 
                inserting ``, infrastructure investments,'' after ``rail 
                operations'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) members representing the Department of 
                Transportation, including the Office of the Secretary, 
                the Federal Railroad Administration, and the Federal 
                Transit Administration;''; and
                    (C) in subparagraph (D) by inserting ``and 
                commuter'' after ``freight''; and
            (2) by amending paragraph (6) to read as follows:
            ``(6) The members of the Commission shall elect co-chairs 
        consisting of 1 member described in paragraph (1)(B) and 1 
        member described in paragraph (1)(C).''.

    (b) Statement of Goals and Recommendations.--Section 24905(b) of 
title 49, United States Code, is amended--
            (1) in paragraph (1) by inserting ``and periodically 
        update'' after ``develop'';
            (2) in paragraph (2)(A) by striking ``beyond those specified 
        in the state-of-good-repair plan under section 211 of the 
        Passenger Rail Investment and Improvement Act of 2008''; and
            (3) 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.''.

    (c) Cost Allocation Policy.--Section 24905(c) of title 49, United 
States Code, is amended--
            (1) in the subsection heading by striking ``Access Costs'' 
        and inserting ``Allocation of Costs'';
            (2) in paragraph (1)--
                    (A) in the paragraph heading by striking ``formula'' 
                and inserting ``policy'';
                    (B) in the matter preceding subparagraph (A) by 
                striking ``Within 2 years after the date of enactment of 
                the Passenger Rail Investment and Improvement Act of 
                2008, the Commission'' and inserting ``The Commission'';
                    (C) in subparagraph (A) by striking ``formula'' and 
                inserting ``policy''; and

[[Page 129 STAT. 1657]]

                    (D) by striking subparagraphs (B) through (D) and 
                inserting the following:
                    ``(B) develop a proposed timetable for implementing 
                the policy;
                    ``(C) submit the policy and the timetable developed 
                under subparagraph (B) to the Surface Transportation 
                Board, the Committee on Commerce, Science, and 
                Transportation of the Senate, and the Committee on 
                Transportation and Infrastructure of the House of 
                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.'';
            (3) in paragraph (2)--
                    (A) by striking ``formula proposed in'' and 
                inserting ``policy developed under''; and
                    (B) in the second sentence--
                          (i) by striking ``the timetable, the 
                      Commission shall petition the Surface 
                      Transportation Board to'' and inserting 
                      ``paragraph (1)(D) or fail to comply with the 
                      policy thereafter, the Surface Transportation 
                      Board shall''; and
                          (ii) by striking ``amounts for such services 
                      in accordance with section 24904(c) of this 
                      title'' and inserting ``for such usage in 
                      accordance with the 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'';
            (4) in paragraph (3), by striking ``formula'' and inserting 
        ``policy''; and
            (5) by adding at the end the following:
            ``(4) Request for dispute resolution.--If a dispute arises 
        with the implementation of, or compliance with, the policy 
        developed under paragraph (1), the Commission, Amtrak, or public 
        authorities providing commuter rail passenger 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.''.

    (d) Conforming Amendments.--
            (1) Title 49.--Section 24905 of title 49, United States 
        Code, is amended--
                    (A) in the section heading by striking 
                ``infrastructure and operations advisory'';
                    (B) in subsection (a)--
                          (i) in the heading by striking 
                      ``Infrastructure and Operations Advisory''; and
                          (ii) by striking ``Infrastructure and 
                      Operations Advisory'';
                    (C) by striking subsection (d);

[[Page 129 STAT. 1658]]

                    (D) by redesignating subsections (e) and (f) as 
                subsections (d) and (e), respectively;
                    (E) in subsection (d), as so redesignated--
                          (i) by striking ``to the Commission'' and 
                      inserting ``to the Secretary for the use of the 
                      Commission and the Northeast Corridor Safety 
                      Committee''; and
                          (ii) by striking ``for the period encompassing 
                      fiscal years 2009 through 2013 to carry out this 
                      section'' and inserting ``to carry out this 
                      section during fiscal years 2016 through 2020, in 
                      addition to any amounts withheld under section 
                      11101(g) of the Passenger Rail Reform and 
                      Investment Act of 2015''; and
                    (F) in subsection (e)(2), as so redesignated, by 
                striking ``on the main line.'' and inserting ``on the 
                main line and meet annually with the Commission on the 
                topic of Northeast Corridor safety and security.''.
            (2) Table of contents.--The table of contents for chapter 
        249 of title 49, United States Code, <<NOTE: 49 USC prec. 
        24901.>>  is amended by striking the item relating to section 
        24905 and inserting the following:

``24905. Northeast Corridor Commission.''.

SEC. 11306. NORTHEAST CORRIDOR PLANNING.

    (a) Amendment.--Chapter 249 of title 49, United States Code, is 
amended--
            (1) by redesignating section 24904 as section 24903; and
            (2) by inserting after section 24903, as so redesignated, 
        the following:
``Sec. 24904. <<NOTE: 49 USC 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--

[[Page 129 STAT. 1659]]

                          ``(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

[[Page 129 STAT. 1660]]

        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.''.
    (b) Conforming Amendments.--
            (1) Note and mortgage.--Section 24907(a) of title 49, United 
        States Code, is amended by striking ``section 24904 of this 
        title'' and inserting ``section 24903''.
            (2) Table of contents.--The table of contents for chapter 
        249 of title 49, United States Code, <<NOTE: 49 USC prec. 
        24901.>>  is amended--
                    (A) by redesignating the item relating to section 
                24904 as relating to section 24903; and
                    (B) by inserting after the item relating to section 
                24903, as so redesignated, the following:

``24904. Northeast Corridor planning.''.

            (3) Repeal.--Section 211 of the Passenger Rail Investment 
        and Improvement Act of 2008 (49 U.S.C. 24902 note) is repealed.
SEC. 11307. COMPETITION.

    (a) Competitive Passenger Rail Service Pilot Program.--Section 24711 
of title 49, United States Code, is amended to read as follows:

[[Page 129 STAT. 1661]]

``Sec. 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

[[Page 129 STAT. 1662]]

                      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

[[Page 129 STAT. 1663]]

        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;

[[Page 129 STAT. 1664]]

            ``(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.''.
    (b) Conforming Amendment.--The table of contents for section 24711 
of title 49, United States Code, <<NOTE: 49 USC prec. 24701.>>  is 
amended to read as follows:

``24711. Competitive passenger rail service pilot program.''.

    (c) Report.--Not later than 4 years after the date of implementation 
of the pilot program under section 24711 of title 49, United States 
Code, and quadrennially thereafter until the pilot program is 
discontinued, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the pilot program to date and any 
recommendations for further action.
SEC. 11308. <<NOTE: 49 USC 24711 note.>>  PERFORMANCE-BASED 
                            PROPOSALS.

    (a) Solicitation of Proposals.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall issue a request for 
        proposals for projects for the financing, design, construction, 
        operation, and maintenance of a high-speed passenger rail system 
        operating within a high-speed rail corridor, including--

[[Page 129 STAT. 1665]]

                    (A) the Northeast Corridor;
                    (B) the California Corridor;
                    (C) the Empire Corridor;
                    (D) the Pacific Northwest Corridor;
                    (E) the South Central Corridor;
                    (F) the Gulf Coast Corridor;
                    (G) the Chicago Hub Network;
                    (H) the Florida Corridor;
                    (I) the Keystone Corridor;
                    (J) the Northern New England Corridor; and
                    (K) the Southeast Corridor.
            (2) Submission.--Proposals shall be submitted to the 
        Secretary not later than 180 days after the publication of the 
        request for proposals under paragraph (1).
            (3) Performance standard.--Proposals submitted under 
        paragraph (2) shall meet any standards established by the 
        Secretary. For corridors with existing intercity passenger rail 
        service, proposals shall also be designed to achieve a reduction 
        of existing minimum intercity rail service trip times between 
        the main corridor city pairs by a minimum of 25 percent. In the 
        case of a proposal submitted with respect to paragraph (1)(A), 
        the proposal shall be designed to achieve a 2-hour or less 
        express service between Washington, District of Columbia, and 
        New York City, New York.
            (4) Contents.--A proposal submitted under this subsection 
        shall include--
                    (A) the names and qualifications of the persons 
                submitting the proposal and the entities proposed to 
                finance, design, construct, operate, and maintain the 
                railroad, railroad equipment, and related facilities, 
                stations, and infrastructure;
                    (B) 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;
                    (C) a description of how the project would comply 
                with all applicable Federal rail safety and security 
                laws, orders, and regulations;
                    (D) the locations of proposed stations, which 
                maximize the usage of existing infrastructure to the 
                extent possible, and the populations such stations are 
                intended to serve;
                    (E) the type of equipment to be used, including any 
                technologies, to achieve trip time goals;
                    (F) a description of any proposed legislation needed 
                to facilitate all aspects of the project;
                    (G) a financing plan identifying--
                          (i) projected revenue, and sources thereof;
                          (ii) the amount of any requested public 
                      contribution toward the project, and proposed 
                      sources;
                          (iii) projected annual ridership projections 
                      for the first 10 years of operations;
                          (iv) annual operations and capital costs;
                          (v) the projected levels of capital 
                      investments required both initially and in 
                      subsequent years to maintain a state-of-good-
                      repair necessary to provide

[[Page 129 STAT. 1666]]

                      the initially proposed level of service or higher 
                      levels of service;
                          (vi) projected levels of private investment 
                      and sources thereof, including the identity of any 
                      person or entity that has made or is expected to 
                      make a commitment to provide or secure funding and 
                      the amount of such commitment; and
                          (vii) projected funding for the full fair 
                      market 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;
                    (H) a description of how the project would 
                contribute to the development of a national high-speed 
                passenger rail system and an intermodal plan describing 
                how the system will facilitate convenient travel 
                connections with other transportation services;
                    (I) a description of how the project will ensure 
                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;
                    (J) 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;
                    (K) 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
                    (L) a description of the project's impacts on 
                highway and aviation congestion, energy consumption, 
                land use, and economic development in the service area.

    (b) Determination and Establishment of Commissions.--Not later than 
90 days after receipt of the proposals under subsection (a), the 
Secretary shall--
            (1) make a determination as to whether any such proposals--
                    (A) contain the information required under 
                paragraphs (3) and (4) of subsection (a);
                    (B) are sufficiently credible to warrant further 
                consideration;
                    (C) are likely to result in a positive impact on the 
                Nation's transportation system; and
                    (D) are cost-effective and in the public interest;
            (2) establish a commission for each corridor with 1 or more 
        proposals that the Secretary determines satisfy the requirements 
        of paragraph (1); and
            (3) forward to each commission established under paragraph 
        (2) the applicable proposals for review and consideration.

    (c) Commissions.--
            (1) Members.--Each commission established under subsection 
        (b)(2) shall include--

[[Page 129 STAT. 1667]]

                    (A) the Governors of the affected States, or their 
                respective designees;
                    (B) mayors of appropriate municipalities with stops 
                along the proposed corridor, or their respective 
                designees;
                    (C) a representative from each freight railroad 
                carrier using the relevant corridor, if applicable;
                    (D) a representative from each transit authority 
                using the relevant corridor, if applicable;
                    (E) representatives of nonprofit employee labor 
                organizations representing affected railroad employees; 
                and
                    (F) the President of Amtrak or his or her designee.
            (2) Appointment and selection.--The Secretary shall appoint 
        the members under paragraph (1). In selecting each commission's 
        members to fulfill the requirements under 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.
            (3) Chairperson and vice-chairperson selection.--The 
        Chairperson and Vice-Chairperson shall be elected from among 
        members of each commission.
            (4) Quorum and vacancy.--
                    (A) Quorum.--A majority of the members of each 
                commission shall constitute a quorum.
                    (B) Vacancy.--Any vacancy in each commission shall 
                not affect its powers and shall be filled in the same 
                manner in which the original appointment was made.

    (d) Commission Consideration.--
            (1) In general.--Each commission established under 
        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) a summary of each proposal received;
                    (B) services to be provided under each proposal, 
                including projected ridership, revenues, and costs;
                    (C) proposed public and private contributions for 
                each proposal;
                    (D) the advantages offered by the proposal over 
                existing intercity passenger rail services;
                    (E) public operating subsidies or assets needed for 
                the proposed project;
                    (F) possible risks to the public associated with the 
                proposal, including risks associated with project 
                financing, implementation, completion, safety, and 
                security;
                    (G) a ranked list of the proposals recommended for 
                further consideration under subsection (e) in accordance 
                with each proposal's projected positive impact on the 
                Nation's transportation system;
                    (H) an identification of any proposed Federal 
                legislation that would facilitate implementation of the 
                projects and Federal legislation that would be required 
                to implement the projects; and
                    (I) any other recommendations by the commission 
                concerning the proposed projects.

[[Page 129 STAT. 1668]]

            (2) Verbal presentation.--Proposers shall be given an 
        opportunity to make a verbal presentation to the commission to 
        explain their proposals.
            (3) Authorization of appropriations.--There is 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.

    (e) Selection by Secretary.--
            (1) In general.--Not later than 60 days after receiving the 
        recommended proposals of the commissions established under 
        subsection (b)(2), the Secretary shall--
                    (A) review such proposals and select any proposal 
                that provides substantial benefits to the public and the 
                national transportation system, is cost-effective, 
                offers significant advantages over existing services, 
                and meets other relevant factors determined appropriate 
                by the Secretary; and
                    (B) submit to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                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.
            (2) Subsequent report.--Following the submission of the 
        report under paragraph (1)(B), the Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Transportation and 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.
            (3) Limitation on report submission.--The report required 
        under paragraph (2) shall not be submitted by the Secretary 
        until the report submitted under paragraph (1)(B) has been 
        considered through a hearing by the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on the report submitted under paragraph (1)(B).

    (f) No Actions Without Additional Authority.--No Federal agency may 
take any action to implement, establish, facilitate, or otherwise act 
upon any proposal submitted under this section, other than those actions 
specifically authorized by this section, without explicit statutory 
authority enacted after the date of enactment of this Act.
    (g) 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.
    (h) Definitions.--In this section:

[[Page 129 STAT. 1669]]

            (1) Intercity passenger rail.--The term ``intercity 
        passenger rail'' has the meaning given the term in section 24102 
        of title 49, United States Code.
            (2) State.--The term ``State'' means any of the 50 States or 
        the District of Columbia.
SEC. 11309. LARGE CAPITAL PROJECT REQUIREMENTS.

    Section 24402 of title 49, United States Code, is amended by 
inserting after subsection (i) the following:
    ``(j) Large Capital Project Requirements.--
            ``(1) In general.--For a grant awarded under this chapter 
        for an amount in excess of $1,000,000,000, the following 
        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.''.

[[Page 129 STAT. 1670]]

SEC. 11310. SMALL BUSINESS PARTICIPATION STUDY.

    (a) Study.--The Secretary shall conduct a nationwide disparity and 
availability study on the availability and use of small business 
concerns owned and controlled by socially and economically disadvantaged 
individuals and veteran-owned small businesses in publicly funded 
intercity rail passenger transportation projects.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit a report containing the results of 
the study conducted under subsection (a) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.
    (c) Definitions.--In this section:
            (1) Small business concern.--The term ``small business 
        concern'' has the meaning given such term in section 3 of the 
        Small Business Act (15 U.S.C. 632), except that the term does 
        not include any concern or group of concerns controlled by the 
        same socially and economically disadvantaged individual or 
        individuals that have average annual gross receipts during the 
        preceding 3 fiscal years in excess of $22,410,000, as adjusted 
        annually by the Secretary for inflation.
            (2) Socially and economically disadvantaged 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.
            (3) Veteran-owned small business.--The term ``veteran-owned 
        small business'' has the meaning given the term ``small business 
        concern owned and controlled by veterans'' in section 3(q)(3) of 
        the Small Business Act (15 U.S.C. 632(q)(3)), except that the 
        term does not include any concern or group of concerns 
        controlled by the same veterans that have average annual gross 
        receipts during the preceding 3 fiscal years in excess of 
        $22,410,000, as adjusted annually by the Secretary for 
        inflation.
SEC. 11311. <<NOTE: 49 USC 20101 note.>>  SHARED-USE STUDY.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with Amtrak, commuter rail 
passenger transportation authorities, other railroad carriers, railroad 
carriers that own rail infrastructure over which both passenger and 
freight trains operate, States, the Surface Transportation Board, the 
Northeast Corridor Commission 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--
            (1) the shared use of right-of-way by passenger and freight 
        rail systems; and
            (2) the operational, institutional, and legal structures 
        that would best support improvements to the systems referred to 
        in paragraph (1).

    (b) Areas of Study.--In conducting the study under subsection (a), 
the Secretary shall evaluate--

[[Page 129 STAT. 1671]]

            (1) the access and use of railroad right-of-way by a rail 
        carrier that does not own the right-of-way, such as passenger 
        rail services that operate over privately-owned right-of-way, 
        including an analysis of--
                    (A) access agreements;
                    (B) costs of access; and
                    (C) the resolution of disputes relating to such 
                access or costs;
            (2) the effectiveness of existing contractual, statutory, 
        and regulatory mechanisms for establishing, measuring, and 
        enforcing train performance standards, including--
                    (A) the manner in which passenger train delays are 
                recorded;
                    (B) the assignment of responsibility for such 
                delays; and
                    (C) the use of incentives and penalties for 
                performance;
            (3) the strengths and weaknesses of the existing mechanisms 
        described in paragraph (2) and possible approaches to address 
        the weaknesses;
            (4) mechanisms for measuring and maintaining public benefits 
        resulting from publicly funded freight or passenger rail 
        improvements, including improvements directed towards shared-use 
        right-of-way by passenger and freight rail;
            (5) approaches to operations, capacity, and cost estimation 
        modeling that--
                    (A) allow for transparent decisionmaking; and
                    (B) protect the proprietary interests of all 
                parties;
            (6) liability requirements and arrangements, including--
                    (A) whether to expand statutory liability limits to 
                additional parties;
                    (B) whether to revise the current statutory 
                liability limits;
                    (C) whether current insurance levels of passenger 
                rail operators are adequate and whether to establish 
                minimum insurance requirements for such passenger rail 
                operators; and
                    (D) whether to establish alternative insurance 
                models, including other models administered by the 
                Federal Government;
            (7) the effect on rail passenger services, operations, 
        liability limits, and insurance levels of the assertion of 
        sovereign immunity by a State; and
            (8) other issues identified by the Secretary.

    (c) Report.--Not later than 60 days after the study under subsection 
(a) is complete, the Secretary shall submit to the 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--
            (1) the results of the study; and
            (2) any recommendations for further action, including any 
        legislative proposals consistent with such recommendations.

    (d) Implementation.--The Secretary shall integrate, as 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).

[[Page 129 STAT. 1672]]

SEC. 11312. NORTHEAST CORRIDOR THROUGH-TICKETING AND PROCUREMENT 
                            EFFICIENCIES.

    (a) Through-Ticketing Study.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Northeast Corridor Commission 
        established under section 24905(a) of title 49, United States 
        Code (referred to in this section as the ``Commission''), in 
        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.
            (2) Contents.--In completing the study under paragraph (1), 
        the Northeast Corridor Commission shall--
                    (A) examine the current state of intercity and 
                commuter rail ticketing technologies, policies, and 
                other relevant aspects on the Northeast Corridor;
                    (B) consider and recommend technology, process, 
                policy, or other options that would permit through-
                ticketing to allow intercity and commuter rail 
                passengers to purchase, in a single transaction, travel 
                that utilizes Amtrak and connecting commuter rail 
                services;
                    (C) consider options to expand through-ticketing to 
                include local transit services;
                    (D) summarize costs, benefits, opportunities, and 
                impediments to developing such through-ticketing 
                options; and
                    (E) develop a proposed methodology, including cost 
                and schedule estimates, for carrying out a pilot program 
                on through-ticketing on the Northeast Corridor.
            (3) Report.--Not later than 60 days after the date the study 
        under paragraph (1) is complete, the Commission shall submit to 
        the Secretary, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    (A) the results of the study; and
                    (B) any recommendations for further action.
            (4) Review.--Not later than 180 days after receipt of the 
        report under paragraph (3), the Secretary shall review the 
        report and recommend best practices in developing through 
        ticketing for other areas outside of the Northeast Corridor. The 
        Secretary shall transmit the best practices to the State-
        Supported Route Committee established under section 24712 of 
        title 49, United States Code.

    (b) Joint Procurement Study.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in cooperation with the 
        Commission, Amtrak, and commuter rail transportation authorities 
        on the Northeast Corridor, shall complete a study of the 
        potential benefits resulting from Amtrak and such authorities 
        undertaking select joint procurements for common materials, 
        assets, and equipment when expending Federal funds for such 
        joint procurements.
            (2) Contents.--In completing the study under paragraph (1), 
        the Secretary shall consider--

[[Page 129 STAT. 1673]]

                    (A) the types of materials, assets, and equipment 
                that are regularly purchased by Amtrak and such 
                authorities that are similar and could be jointly 
                procured;
                    (B) the potential benefits of such joint 
                procurements, including lower procurement costs, better 
                pricing, greater market relevancy, and other 
                efficiencies;
                    (C) the potential costs of such joint procurements;
                    (D) any significant impediments to undertaking joint 
                procurements, including any necessary harmonization and 
                reconciliation of Federal and State procurement or 
                safety regulations or standards and other requirements; 
                and
                    (E) whether to create Federal incentives or 
                requirements relating to considering or carrying out 
                joint procurements when expending Federal funds.
            (3) Transmission.--Not later than 60 days after completing 
        the study required under this subsection, the Secretary shall 
        submit to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that 
        includes--
                    (A) the results of the study; and
                    (B) any recommendations for further action.

    (c) Northeast Corridor.--In this section, the term ``Northeast 
Corridor'' means the Northeast Corridor main line between Boston, 
Massachusetts, and the District of Columbia, and the Northeast Corridor 
branch lines connecting to Harrisburg, Pennsylvania, Springfield, 
Massachusetts, and Spuyten Duyvil, New York, including the facilities 
and services used to operate and maintain those lines.
SEC. 11313. <<NOTE: 49 USC 24407 note.>>  DATA AND ANALYSIS.

    (a) Data.--Not later than 3 years after the date of enactment of 
this Act, the Secretary, in consultation with the Surface Transportation 
Board, Amtrak, freight railroads, State and local governments, and 
regional business, tourism, and economic development agencies shall 
conduct a data needs assessment to--
            (1) support the development of an efficient and effective 
        intercity passenger rail network;
            (2) identify the data needed to conduct cost-effective 
        modeling and analysis for intercity passenger rail development 
        programs;
            (3) determine limitations to the data used for inputs;
            (4) develop a strategy to address such limitations;
            (5) identify barriers to accessing existing data;
            (6) develop recommendations regarding whether the 
        authorization of additional data collection for intercity 
        passenger rail travel is warranted; and
            (7) determine which entities should be responsible for 
        generating or collecting needed data.

    (b) Benefit-Cost Analysis.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall enhance the usefulness of 
assessments of benefits and costs for intercity passenger rail and 
freight rail projects by--
            (1) providing ongoing guidance and training on developing 
        benefit and cost information for rail projects;

[[Page 129 STAT. 1674]]

            (2) providing more direct and consistent requirements for 
        assessing benefits and costs across transportation funding 
        programs, including the appropriate use of discount rates;
            (3) requiring applicants to clearly communicate the 
        methodology used to calculate the project benefits and costs, 
        including non-proprietary information on--
                    (A) assumptions underlying calculations;
                    (B) strengths and limitations of data used; and
                    (C) the level of uncertainty in estimates of project 
                benefits and costs; and
            (4) ensuring that applicants receive clear and consistent 
        guidance on values to apply for key assumptions used to estimate 
        potential project benefits and costs.

    (c) 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. <<NOTE: 5 USC app. 8G.>>  AMTRAK INSPECTOR GENERAL.

    (a) Authority.--
            (1) In general.--The Inspector General of Amtrak shall have 
        the authority available to other Inspectors General, as 
        necessary in carrying out the duties specified in the Inspector 
        General Act of 1978 (5 U.S.C. App.), to investigate any alleged 
        violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 of 
        title 18, United States Code.
            (2) Agency.--For purposes of sections 286, 287, 371, 641, 
        1001, 1002, and 1516 of title 18, United States Code, Amtrak and 
        the Amtrak Office of Inspector General, shall be considered a 
        corporation in which the United States has a proprietary 
        interest as set forth in section 6 of such title.

    (b) Assessment.--The Inspector General of Amtrak shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, initiate an assessment to determine whether current 
        expenditures or procurements involving Amtrak's fulfillment of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) utilize competitive, market-driven provisions that are 
        applicable throughout the entire term of such related 
        expenditures or procurements; and
            (2) not later than 6 months after the date of enactment of 
        this Act, transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives the 
        assessment under paragraph (1).

    (c) Limitation.--The authority provided by subsection (a) shall be 
effective only with respect to a fiscal year for which Amtrak receives a 
Federal subsidy.
SEC. 11315. MISCELLANEOUS PROVISIONS.

    (a) Title 49 Amendments.--
            (1) Authority.--Section 22702(b)(4) of title 49, United 
        States Code, is amended by striking ``5 years for reapproval by 
        the Secretary'' and inserting ``4 years for acceptance by the 
        Secretary''.
            (2) Contents of state rail plans.--Section 22705(a) of title 
        49, United States Code, is amended by striking paragraph (12).

[[Page 129 STAT. 1675]]

    (b) Passenger Rail Investment and Improvement Act Amendments.--
Section 305 of the Passenger Rail Investment and Improvement Act of 2008 
(49 U.S.C. 24101 note) is amended--
            (1) in subsection (a) by inserting after ``equipment 
        manufacturers,'' the following: ``nonprofit organizations 
        representing employees who perform overhaul and maintenance of 
        passenger railroad equipment,'';
            (2) in subsection (c) by striking ``, and may establish a 
        corporation, which may be owned or jointly-owned by Amtrak, 
        participating States, or other entities, to perform these 
        functions''; and
            (3) in subsection (e) by striking ``and establishing a 
        jointly-owned corporation to manage that equipment''.

    (c) <<NOTE: 23 USC 322 note.>>  Certain Projects.--A project 
described in 1307(a)(3) of SAFETEA-LU (Public Law 109-59) may be 
eligible for the Railroad Rehabilitation and Improvement Financing 
program if the Secretary determines such project meets the requirements 
of sections 502 and 503 of the Railroad Revitalization and Regulatory 
Reform Act of 1976.

    (d) Clarification.--
            (1) Amendment.--Section 20157(g) of title 49, United States 
        Code, is amended by adding at the end the following new 
        paragraph:
            ``(4) Clarification.--
                    ``(A) Prohibitions.--The Secretary is prohibited 
                from--
                          ``(i) approving or disapproving a revised plan 
                      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).''.
            (2) Conforming amendment.--Section 20157(g)(3) of title 49, 
        United States Code, is amended by striking ``by paragraph (2) 
        and subsection (k)'' and inserting ``to conform with this 
        section''.

[[Page 129 STAT. 1676]]

SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Assistance to Families of Passengers Involved in Rail Passenger 
Accidents.--Section 1139 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``phone number'' and 
        inserting ``telephone number'';
            (2) in subsection (a)(2), by striking ``post trauma 
        communication with families'' and inserting ``post-trauma 
        communication with families''; and
            (3) in subsection (j), by striking ``railroad passenger 
        accident'' each place it appears and inserting ``rail passenger 
        accident''.

    (b) Solid Waste Rail Transfer Facility Land-Use Exemption.--Section 
10909 of title 49, United States Code, is amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``Clean Railroad Act of 2008'' and inserting 
        ``Clean Railroads Act of 2008''; and
            (2) in subsection (e), by striking ``Upon the granting of 
        petition from the State'' and inserting ``Upon the granting of a 
        petition from the State''.

    (c) Rulemaking Process.--Section 20116 of title 49, United States 
Code, is amended--
            (1) by inserting ``(2)'' before ``the code, rule, standard, 
        requirement, or practice has been subject to notice and comment 
        under a rule or order issued under this part.'' and indenting 
        accordingly;
            (2) by inserting ``(1)'' after ``unless'' and indenting 
        accordingly;
            (3) in paragraph (1), as redesignated, by striking ``order, 
        or'' and inserting ``order; or''; and
            (4) in the matter preceding paragraph (1), as redesignated, 
        by striking ``unless'' and inserting ``unless--''.

    (d) Enforcement Report.--Section 20120(a) of title 49, United States 
Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``website'' and inserting ``Web site'';
            (2) in paragraph (1), by striking ``accident and incidence 
        reporting'' and inserting ``accident and incident reporting'';
            (3) in paragraph (2)(G), by inserting ``and'' at the end; 
        and
            (4) in paragraph (5)(B), by striking ``Administrative 
        Hearing Officer or Administrative Law Judge'' and inserting 
        ``administrative hearing officer or administrative law judge''.

    (e) Railroad Safety Risk Reduction Program.--Section 20156 of title 
49, United States Code, is amended--
            (1) in subsection (c), by inserting a comma after ``In 
        developing its railroad safety risk reduction program''; and
            (2) in subsection (g)(1)--
                    (A) by inserting a comma after ``good faith''; and
                    (B) by striking ``non-profit'' and inserting 
                ``nonprofit''.

    (f) Roadway User Sight Distance at Highway-Rail Grade Crossings.--
Section 20159 of title 49, United States Code, is amended by striking 
``the Secretary'' and inserting ``the Secretary of Transportation''.
    (g) National Crossing Inventory.--Section 20160 of title 49, United 
States Code, is amended--

[[Page 129 STAT. 1677]]

            (1) 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
            (2) 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''.

    (h) Minimum Training Standards and Plans.--Section 20162(a)(3) of 
title 49, United States Code, is amended by striking ``railroad 
compliance with Federal standards'' and inserting ``railroad carrier 
compliance with Federal standards''.
    (i) Development and Use of Rail Safety Technology.--Section 20164(a) 
of title 49, United States Code, is amended by striking ``after 
enactment of the Railroad Safety Enhancement Act of 2008'' and inserting 
``after the date of enactment of the Rail Safety Improvement Act of 
2008''.
    (j) Rail Safety Improvement Act of 2008.--
            (1) Table of contents.--Section 1(b) of division A of the 
        Rail Safety Improvement Act of 2008 (Public Law 110-432; 122 
        Stat. 4848) is amended--
                    (A) in the item relating to section 307 by striking 
                ``website'' and inserting ``Web site'';
                    (B) in the item relating to title VI by striking 
                ``solid waste facilities'' and inserting ``solid waste 
                rail transfer facilities''; and
                    (C) in the item relating to section 602 by striking 
                ``solid waste transfer facilities'' and inserting 
                ``solid waste rail transfer facilities''.
            (2) Definitions.--Section 2(a)(1) of division A of the Rail 
        Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat. 
        4849) <<NOTE: 49 USC 20102 note.>>  is amended in the matter 
        preceding subparagraph (A), by inserting a comma after ``at 
        grade''.
            (3) Railroad safety strategy.--Section 102(a)(6) of title I 
        of division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 20101 note) is amended by striking ``Improving the safety 
        of railroad bridges, tunnels, and related infrastructure to 
        prevent accidents, incidents, injuries, and fatalities caused by 
        catastrophic failures and other bridge and tunnel failures.'' 
        and inserting ``Improving the safety of railroad bridges, 
        tunnels, and related infrastructure to prevent accidents, 
        incidents, injuries, and fatalities caused by catastrophic and 
        other failures of such infrastructure.''.
            (4) Operation lifesaver.--Section 206(a) of title II of 
        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''.
            (5) Update of federal railroad administration's web site.--
        Section 307 of title III of division A of the Rail Safety 
        Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
                    (A) in the heading by striking ``federal railroad 
                administration's website'' and inserting ``federal 
                railroad administration web site'';

[[Page 129 STAT. 1678]]

                    (B) by striking ``website'' each place it appears 
                and inserting ``Web site''; and
                    (C) by striking ``website's'' and inserting ``Web 
                site's''.
            (6) Alcohol and controlled substance testing for 
        maintenance-of-way employees.--Section 412 of title IV of 
        division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 
        20140 note) is amended by striking ``Secretary of 
        Transportation'' and inserting ``Secretary''.
            (7) Tunnel information.--Section 414 of title IV of division 
        A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 
        note) is amended--
                    (A) by striking ``parts 171.8, 173.115'' and 
                inserting ``sections 171.8, 173.115''; and
                    (B) by striking ``part 1520.5'' and inserting 
                ``section 1520.5''.
            (8) Safety inspections in mexico.--Section 416 of title IV 
        of division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 20107 note) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Secretary of Transportation'' and inserting 
                ``Secretary''; and
                    (B) in paragraph (4), by striking ``subsection'' and 
                inserting ``section''.
            (9) Heading of title vi.--The heading of title VI of 
        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''.
            (10) Heading of section 602.--The heading of section 602 of 
        title VI of division A of the Rail Safety Improvement Act of 
        2008 (122 Stat. 4900) is amended by striking ``solid waste 
        transfer facilities'' and inserting ``solid waste rail transfer 
        facilities''.

    (k) Contingent Interest Recoveries.--Section 22106(b) of title 49, 
United States Code, is amended by striking ``interest thereof'' and 
inserting ``interest thereon''.
    (l) Mission.--Section 24101(b) of title 49, United States Code, is 
amended by striking ``of subsection (d)'' and inserting ``set forth in 
subsection (c)''.
    (m) Table of Contents Amendment.--The table of contents for chapter 
243 of title 49, United States Code, <<NOTE: 49 USC prec. 24301.>>  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.''.

    (n) Amtrak.--Chapter 247 of title 49, United States Code, is 
amended--
            (1) in section 24706--
                    (A) in subsection (a)--
                          (i) in paragraph (1) by striking ``a 
                      discontinuance under section 24704 or or''; and
                          (ii) in paragraph (2) by striking ``section 
                      24704 or''; and
                    (B) in subsection (b) by striking ``section 24704 
                or''; and

[[Page 129 STAT. 1679]]

            (2) in section 24709 by striking ``The Secretary of the 
        Treasury and the Attorney General,'' and inserting ``The 
        Secretary of Homeland Security,''.

    (o) Rail Cooperative Research Program.--Section 24910(b) of title 
49, United States Code, is amended--
            (1) in paragraph (12) by striking ``and'' at the end;
            (2) in paragraph (13) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) to improve overall safety of intercity passenger and 
        freight rail operations.''.

    (p) Secretarial Oversight.--Section 24403 of title 49, United States 
Code, is amended by striking subsection (b).

                           Subtitle D--Safety

SEC. 11401. <<NOTE: 49 USC 22501 note.>>  HIGHWAY-RAIL GRADE 
                            CROSSING SAFETY.

    (a) Model State Highway-Rail Grade Crossing Action Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Federal Railroad 
        Administration shall develop a model of a State-specific 
        highway-rail grade crossing action plan and distribute the plan 
        to each State.
            (2) Contents.--The plan developed under paragraph (1) shall 
        include--
                    (A) methodologies, tools, and data sources for 
                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;
                    (B) best practices to reduce the risk of highway-
                rail grade crossing accidents or incidents and to 
                alleviate the blockage of highway-rail grade crossings 
                due to idling trains, including strategies for--
                          (i) education, including model stakeholder 
                      engagement plans or tools;
                          (ii) engineering, including the benefits and 
                      costs of different designs and technologies used 
                      to mitigate highway-rail grade crossing safety 
                      risks; and
                          (iii) enforcement, including the strengths and 
                      weaknesses associated with different enforcement 
                      methods;
                    (C) for each State, a customized list and data set 
                of the highway-rail grade crossing accidents or 
                incidents in that State over the past 3 years, including 
                the location, number of deaths, and number of injuries 
                for each accident or incident, and a list of highway-
                rail grade crossings in that State that have experienced 
                multiple accidents or incidents over the past 3 years; 
                and
                    (D) contact information of a Department of 
                Transportation safety official available to assist the 
                State in adapting the model plan to satisfy the 
                requirements under subsection (b).

    (b) State Highway-Rail Grade Crossing Action Plans.--
            (1) Requirements.--Not later than 18 months after the 
        Administrator develops and distributes the model plan under

[[Page 129 STAT. 1680]]

        subsection (a), the Administrator shall promulgate a rule that 
        requires--
                    (A) each State, except the 10 States identified 
                under section 202 of the Rail Safety Improvement Act of 
                2008 (49 U.S.C. 22501 note), to develop and implement a 
                State highway-rail grade crossing action plan; and
                    (B) each State identified under section 202 of the 
                Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 
                note) to--
                          (i) update the State action plan under such 
                      section; and
                          (ii) submit to the Administrator--
                                    (I) the updated State action plan; 
                                and
                                    (II) a report describing what the 
                                State did to implement its previous 
                                State action plan under such section and 
                                how the State will continue to reduce 
                                highway-rail grade crossing safety 
                                risks.
            (2) Contents.--Each State plan required under this 
        subsection shall--
                    (A) identify highway-rail grade crossings that have 
                experienced recent highway-rail grade crossing accidents 
                or incidents or multiple highway-rail grade crossing 
                accidents or incidents, or are at high-risk for 
                accidents or incidents;
                    (B) identify specific strategies for improving 
                safety at highway-rail grade crossings, including 
                highway-rail grade crossing closures or grade 
                separations; and
                    (C) designate a State official responsible for 
                managing implementation of the State action plan under 
                subparagraph (A) or (B) of paragraph (1), as applicable.
            (3) Assistance.--The Administrator shall provide assistance 
        to each State in developing and carrying out, as appropriate, 
        the State action plan under this subsection.
            (4) Public availability.--Each State shall submit a final 
        State plan under this subsection to the Administrator for 
        publication. The Administrator shall make each approved State 
        plan publicly available on an official Internet Web site.
            (5) Conditions.--The Secretary may condition the awarding of 
        a grant to a State under chapter 244 of title 49, United States 
        Code, on that State submitting an acceptable State action plan 
        under this subsection.
            (6) Review of action plans.--Not later than 60 days after 
        the date of receipt of a State action plan under this 
        subsection, the Administrator shall--
                    (A) if the State action plan is approved, notify the 
                State and publish the State action plan under paragraph 
                (4); and
                    (B) if the State action plan is incomplete or 
                deficient, notify the State of the specific areas in 
                which the plan is deficient and allow the State to 
                complete the plan or correct the deficiencies and 
                resubmit the plan under paragraph (1).
            (7) Deadline.--Not later than 60 days after the date of a 
        notice under paragraph (6)(B), a State shall complete the plan 
        or correct the deficiencies and resubmit the plan.

[[Page 129 STAT. 1681]]

            (8) 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.

    (c) Report.--Not later than the date that is 3 years after the 
Administrator publishes the final rule under subsection (b)(1), the 
Administrator shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on--
            (1) the specific strategies identified by States to improve 
        safety at highway-rail grade crossings, including crossings with 
        multiple accidents or incidents; and
            (2) the progress each State described under subsection 
        (b)(1)(B) has made in implementing its action plan.

    (d) Railway-Highway Crossings Funds.--The Secretary may use funds 
made available to carry out section 130 of title 23, United States Code, 
to provide States with funds to develop a State highway-rail grade 
crossing action plan under subsection (b)(1)(A) or to update a State 
action plan under subsection (b)(1)(B).
    (e) Definitions.--In this section:
            (1) Highway-rail grade crossing.--The term ``highway-rail 
        grade crossing'' means a location within a State, other than a 
        location where 1 or more railroad tracks cross 1 or more 
        railroad tracks at grade, where--
                    (A) a public highway, road, or street, or a private 
                roadway, including associated sidewalks and pathways, 
                crosses 1 or more railroad tracks either at grade or 
                grade-separated; or
                    (B) a pathway explicitly authorized by a public 
                authority or a railroad carrier that is dedicated for 
                the use of non-vehicular traffic, including pedestrians, 
                bicyclists, and others, that is not associated with a 
                public highway, road, or street, or a private roadway, 
                crosses 1 or more railroad tracks either at grade or 
                grade-separated.
            (2) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.

    (a) In General.--The Secretary, in consultation with railroad 
carriers, shall conduct a study to--
            (1) determine whether limitations or weaknesses exist 
        regarding the availability and usefulness for safety purposes of 
        data on private highway-rail grade crossings; and
            (2) evaluate existing engineering practices on private 
        highway-rail grade crossings.

    (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall make recommendations as necessary to improve--
            (1) the utility of the data on private highway-rail grade 
        crossings; and
            (2) the implementation of private highway-rail crossing 
        safety measures, including signage and warning systems.

    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on

[[Page 129 STAT. 1682]]

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.

    (a) Study.--The Comptroller General of the United States shall 
submit a report to Congress containing the results of a study evaluating 
the final rule issued on August 17, 2006, entitled ``Use of Locomotive 
Horns at Highway-Rail Grade Crossings'' (71 Fed. Reg. 47614), 
including--
            (1) the effectiveness of such final rule;
            (2) the benefits and costs of establishing quiet zones; and
            (3) any barriers to establishing quiet zones.

    (b) Savings Clause.--Nothing in this section shall be construed to 
limit or preclude any planned retrospective review by the 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--
            (1) conduct a study of the possible effectiveness of 
        positive train control and related technologies on reducing 
        collisions at highway-rail grade crossings; and
            (2) submit a report containing the results of the study 
        conducted under paragraph (1) to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        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--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Availability of bridge condition.--
                    ``(A) In general.--A State or political subdivision 
                of a State may file a request with the Secretary for a 
                public version of a bridge inspection report generated 
                under 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.

[[Page 129 STAT. 1683]]

                    ``(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.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, each railroad carrier providing intercity rail passenger 
transportation or commuter rail passenger 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.
    (b) Action Plans.--Not later than 120 days after the date that the 
survey under subsection (a) is complete, a railroad carrier described in 
subsection (a) shall submit to the Secretary an action plan that--
            (1) identifies each main track location where there is a 
        reduction of more than 20 miles per hour from the approach speed 
        to a curve, bridge, or tunnel and the maximum authorized 
        operating speed for passenger trains at that curve, bridge, or 
        tunnel;
            (2) describes appropriate actions to enable warning and 
        enforcement of the maximum authorized speed for passenger trains 
        at each location identified under paragraph (1), including--
                    (A) modification to automatic train control systems, 
                if applicable, or other signal systems;
                    (B) increased crew size;
                    (C) installation of signage alerting train crews of 
                the maximum authorized speed for passenger trains in 
                each location identified under paragraph (1);
                    (D) installation of alerters;
                    (E) increased crew communication; and
                    (F) other practices;
            (3) contains milestones and target dates for implementing 
        each appropriate action described under paragraph (2); and
            (4) ensures compliance with the maximum authorized speed at 
        each location identified under paragraph (1).

    (c) Approval.--Not later than 90 days after the date on which an 
action plan is submitted under subsection (b), the Secretary shall 
approve, approve with conditions, or disapprove the action plan.
    (d) Alternative Safety Measures.--The Secretary may exempt from the 
requirements of this section each segment of track for which operations 
are governed by a positive train control system certified under section 
20157 of title 49, United States Code, or any other safety technology or 
practice that would achieve an equivalent or greater level of safety in 
reducing derailment risk.

[[Page 129 STAT. 1684]]

    (e) 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--
            (1) the actions railroad carriers have taken in response to 
        Safety Advisory 2013-08, entitled ``Operational Tests and 
        Inspections for Compliance With Maximum Authorized Train Speeds 
        and Other Speed Restrictions'';
            (2) the actions railroad carriers have taken in response to 
        Safety Advisory 2015-03, entitled ``Operational and Signal 
        Modifications for Compliance with Maximum Authorized Passenger 
        Train Speeds and Other Speed Restrictions''; and
            (3) the actions the Federal Railroad Administration has 
        taken to evaluate or incorporate the information and findings 
        arising from the safety advisories referred to in paragraphs (1) 
        and (2) into the development of regulatory action and oversight 
        activities.

    (f) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from applying the requirements of this section to other 
segments of track at high risk of overspeed derailment.
SEC. 11407. <<NOTE: 49 USC 20103 note.>>  ALERTERS.

    (a) In General.--The Secretary shall promulgate a rule to require a 
working alerter in the controlling locomotive of each passenger train in 
intercity rail passenger transportation (as defined in section 24102 of 
title 49, United States Code) or commuter rail passenger transportation 
(as defined in section 24102 of title 49, United States Code).
    (b) Rulemaking.--
            (1) In general.--The Secretary may promulgate a rule to 
        specify the essential functionalities of a working alerter, 
        including the manner in which the alerter can be reset.
            (2) Alternate practice or technology.--The Secretary may 
        require or allow a technology or practice in lieu of a working 
        alerter if the Secretary determines that the technology or 
        practice would achieve an equivalent or greater level of safety 
        in enhancing or ensuring appropriate locomotive control.
SEC. 11408. <<NOTE: 49 USC 20501 note.>>  SIGNAL PROTECTION.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall initiate a rulemaking to 
require that on-track safety regulations, whenever practicable and 
consistent with other safety requirements and operational 
considerations, include requiring implementation of redundant signal 
protection for maintenance-of-way work crews who depend on a train 
dispatcher to provide signal protection.
    (b) Alternative Safety Measures.--The Secretary shall 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. <<NOTE: 49 USC 20142 note.>>  COMMUTER RAIL TRACK 
                            INSPECTIONS.

    (a) In General.--The Secretary shall evaluate track inspection 
regulations to determine if a railroad carrier providing commuter

[[Page 129 STAT. 1685]]

rail passenger transportation on high density commuter railroad lines 
should be required to inspect the lines in the same manner as is 
required for other commuter railroad lines.
    (b) Rulemaking.--Considering safety, including railroad carrier 
employee and contractor safety, system capacity, and other relevant 
factors, the Secretary may promulgate a rule for high density 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:
            (1) At least once every 2 weeks--
                    (A) traverse each main line by vehicle; or
                    (B) inspect each main line on foot.
            (2) At least once each month, traverse and inspect each 
        siding by vehicle or by foot.

    (c) Report.--If, after the evaluation under subsection (a), the 
Secretary determines it is not necessary to revise the regulations under 
this section, the Secretary, not later than 18 months after the date of 
enactment of this Act, shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report explaining the reasons for not revising the regulations.
    (d) Construction.--Nothing in this section may be construed to limit 
the authority of the Secretary to promulgate regulations or issue orders 
under any other law.
SEC. 11410. POST-ACCIDENT ASSESSMENT.

    (a) In General.--The Secretary, in cooperation with the National 
Transportation Safety Board and Amtrak, shall conduct a post-accident 
assessment of the Amtrak Northeast Regional Train #188 crash on May 12, 
2015.
    (b) Elements.--The assessment conducted pursuant to subsection (a) 
shall include--
            (1) a review of Amtrak's compliance with the plan for 
        addressing the needs of the families of passengers involved in 
        any rail passenger accident, which was submitted pursuant to 
        section 24316 of title 49, United States Code;
            (2) a review of Amtrak's compliance with the emergency 
        preparedness plan required under section 239.101(a) of title 49, 
        Code of Federal Regulations;
            (3) a determination of any additional action items that 
        should be included in the plans referred to in paragraphs (1) 
        and (2) to meet the needs of the passengers involved in the 
        crash and their families, including--
                    (A) notification of emergency contacts;
                    (B) dedicated and trained staff to manage family 
                assistance;
                    (C) the establishment of a family assistance center 
                at the accident locale or other appropriate location;
                    (D) a system for identifying and recovering items 
                belonging to passengers that were lost in the crash; and
                    (E) the establishment of a single customer service 
                entity within Amtrak to coordinate the response to the 
                needs of the passengers involved in the crash and their 
                families; and

[[Page 129 STAT. 1686]]

            (4) recommendations for any additional training needed by 
        Amtrak staff to better implement the plans referred to in 
        paragraphs (1) and (2), including the establishment of a regular 
        schedule for training drills and exercises.

    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, Amtrak shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that describes--
            (1) Amtrak's plan to achieve the recommendations referred to 
        in subsection (b)(4); and
            (2) any steps that have been taken to address any 
        deficiencies identified through the assessment.
SEC. 11411. RECORDING DEVICES.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20168. <<NOTE: 49 USC 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.--

[[Page 129 STAT. 1687]]

            ``(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.''.
    (b) Conforming Amendment.--The table of contents for subchapter II 
of chapter 201 of title 49, United States Code, <<NOTE: 49 USC prec. 
20101.>>  is amended by adding at the end the following:

``20168. Installation of audio and image recording devices.''.

SEC. 11412. RAILROAD POLICE OFFICERS.

    (a) In General.--Section 28101 of title 49, United States Code, is 
amended--
            (1) by striking ``employed by'' each place it appears and 
        inserting ``directly employed by or contracted by'';
            (2) in subsection (b), by inserting ``or agent, as 
        applicable,'' after ``an employee''; and
            (3) by adding at the end the following:

    ``(c) Transfers.--
            ``(1) In general.--If a railroad police officer directly 
        employed by or contracted by a rail carrier and certified or 
        commissioned as a police officer under the laws of a State

[[Page 129 STAT. 1688]]

        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.''.

    (b) <<NOTE: 49 USC 28101 note.>>  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.

    (c) Conforming Amendments.--
            (1) Amtrak rail police.--Section 24305(e) of title 49, 
        United States Code, is amended--
                    (A) by striking ``may employ'' and inserting ``may 
                directly employ or contract with'';
                    (B) by striking ``employed by'' and inserting 
                ``directly employed by or contracted by''; and
                    (C) by striking ``employed without'' and inserting 
                ``directly employed or contracted without''.
            (2) Exceptions.--Section 922(z)(2)(B) of title 18, United 
        States Code, is amended by striking ``employed by'' and 
        inserting ``directly employed by or contracted by''.
SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION 
                            EQUIPMENT.

    (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:

[[Page 129 STAT. 1689]]

``Sec. 20121. <<NOTE: 49 USC 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.''.
    (b) Conforming Amendment.--The table of contents for subchapter I of 
chapter 201 of title 49, United States Code, <<NOTE: 49 USC prec. 
20101.>>  is amended by adding at the end the following:

``20121. Repair and replacement of damaged track inspection 
           equipment.''.

SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION.

    (a) Report.--Not later than 9 months after the date of 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.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) the findings and results of testing of VTD 
        instrumentation during field trials on revenue service track;
            (2) the findings and results of subsequent testing of VTD 
        instrumentation on a Federal Railroad Administration automated 
        track inspection program geometry car;
            (3) 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
            (4) if considered appropriate by the Secretary based on the 
        report and related research, a plan for installing VTD 
        instrumentation on all remaining Federal Railroad Administration 
        automated track inspection program geometry cars not later than 
        3 years after the date of enactment of this Act.
SEC. 11415. <<NOTE: 49 USC 28103 note.>>  RAIL PASSENGER 
                            LIABILITY.

    (a) Amtrak Incident.--Notwithstanding any other provision of law, 
the aggregate allowable awards to all rail passengers, against all 
defendants, for all claims, including claims for punitive damages, 
arising from a single accident or incident involving Amtrak occurring on 
May 12, 2015, shall not exceed $295,000,000.
    (b) Adjustment Based on Consumer Price Index.--The liability cap 
under section 28103(a)(2) of title 49, United States Code, shall be 
adjusted on the date of enactment of this Act to

[[Page 129 STAT. 1690]]

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 <<NOTE: Track, Railroad, and Infrastructure Network Act.>> --
Project Delivery
SEC. 11501. <<NOTE: 49 USC 20101 note.>>  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.

    (a) Title 23 Amendment.--Section 138 of title 23, United States 
Code, is further amended by adding at the end the following:
    ``(f) Rail and Transit.--
            ``(1) In general.--Improvements to, or the maintenance, 
        rehabilitation, or operation of, railroad or rail transit lines 
        or elements thereof that are in use or were historically used 
        for the transportation of goods or passengers shall not be 
        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.''.

    (b) Title 49 Amendment.--Section 303 of title 49, United States 
Code, is further amended--
            (1) in subsection (c), in the matter preceding paragraph 
        (1), by striking ``subsection (d)'' and inserting ``subsections 
        (d) and (h)''; and
            (2) by adding at the end the following:

    ``(h) Rail and Transit.--
            ``(1) In general.--Improvements to, or the maintenance, 
        rehabilitation, or operation of, railroad or rail transit lines 
        or elements thereof that are in use or were historically used

[[Page 129 STAT. 1691]]

        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.

    (a) Amendment.--Title 49, United States Code, <<NOTE: 49 USC prec. 
24201.>>  is amended by inserting after chapter 241 the following new 
chapter:

                     ``CHAPTER 242--PROJECT DELIVERY

``Sec.
``24201. Efficient environmental reviews.

``Sec. 24201. <<NOTE: 49 USC 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--

[[Page 129 STAT. 1692]]

            ``(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.''.
    (b) <<NOTE: 42 USC 4370m note.>>  Savings Clause.--Except as 
expressly provided in section 41003(f) and subsection (o) of section 139 
of title 23, United States Code, the requirements and other provisions 
of title 41 of this Act shall not apply to--
            (1) programs administered now and in the future by the 
        Department of Transportation or its operating administrations 
        under title 23, 46, or 49, United States Code, including direct 
        loan and loan guarantee programs, or other Federal statutes or 
        programs or projects administered by an agency pursuant to their 
        authority under title 49, United States Code; or
            (2) any project subject to section 2045 of the Water 
        Resources Development Act of 2007 (33 U.S.C. 2348).

    (c) Table of Chapters Amendment.--The table of chapters of subtitle 
V of title 49, United States Code, <<NOTE: 49 USC prec. 20101.>>  is 
amended by inserting after the item relating to chapter 241 the 
following:

``242. Project delivery.........................................24201''.
SEC. 11504. RAILROAD RIGHTS-OF-WAY.

    (a) Amendment.--Chapter 242 of title 49, United States Code, (as 
added by this Act) is amended by adding at the end the following:
``Sec. 24202. <<NOTE: 49 USC 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

[[Page 129 STAT. 1693]]

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).''.
    (b) Conforming Amendment.--The table of contents for chapter 242 of 
title 49, United States Code, <<NOTE: 49 USC prec. 24201.>>  (as added 
by this Act) is amended by adding at the end the following:

``24202. Railroad rights-of-way.''.

    Subtitle F <<NOTE: Railroad Infrastructure Financing Improvement 
Act.>> --Financing
SEC. 11601. SHORT TITLE; REFERENCES.

    (a) <<NOTE: 45 USC 801 note.>>  Short Title.--This subtitle may be 
cited as the ``Railroad Infrastructure Financing Improvement Act''.

    (b) 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--
            (1) by redesignating paragraph (8) as paragraph (10);
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) The term `investment-grade rating' means a rating of 
        BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a 
        rating agency.'';
            (4) by inserting after paragraph (8), as redesignated, the 
        following:
            ``(9) The term `master credit agreement' means an 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
            (5) by adding at the end the following:
            ``(11) The term `project obligation' means a note, bond, 
        debenture, or other debt obligation issued by a borrower in 
        connection with the financing of a project, other than a direct 
        loan or loan guarantee under this title.
            ``(12) The term `railroad' has the meaning given the term 
        `railroad carrier' in section 20102 of title 49, United States 
        Code.
            ``(13) The term `rating agency' means a credit rating agency 
        registered with the Securities and Exchange Commission as a 
        nationally recognized statistical rating organization (as 
        defined in section 3(a) of the Securities Exchange Act of 1934 
        (15 U.S.C. 78c(a))).

[[Page 129 STAT. 1694]]

            ``(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--
            (1) in paragraph (5), by striking ``one railroad'' and 
        inserting ``1 of the entities described in paragraph (1), (2), 
        (3), (4), or (6)''; and
            (2) by amending paragraph (6) to read as follows:
            ``(6) solely for the purpose of constructing a rail 
        connection between a plant or facility and a railroad, limited 
        option freight shippers that own or operate a plant or other 
        facility.''.
SEC. 11604. ELIGIBLE PURPOSES.

    (a) In General.--Section 502(b)(1) (45 U.S.C. 822(b)(1)) is 
amended--
            (1) in subparagraph (A), by inserting ``, and costs related 
        to these activities, including pre-construction costs'' after 
        ``shops'';
            (2) in subparagraph (B), by striking ``subparagraph (A); 
        or'' and inserting ``subparagraph (A) or (C);'';
            (3) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(D) reimburse planning and design expenses 
                relating to activities described in subparagraph (A) or 
                (C); or
                    ``(E) finance economic development, including 
                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.''.

    (b) Required Non-Federal Match for Transit-oriented Development 
Projects.--Section 502(h) (45 U.S.C. 822(h)) is amended by adding at the 
end the following:
    ``(4) The Secretary shall require each recipient of a direct loan or 
loan guarantee under this section for a project described in subsection 
(b)(1)(E) to provide a non-Federal match of not less than 25 percent of 
the total amount expended by the recipient for such project.''.
    (c) Sunset.--Section 502(b) (45 U.S.C. 822(b)) is amended by adding 
at the end the following:

[[Page 129 STAT. 1695]]

            ``(3) Sunset.--The Secretary may provide a direct loan or 
        loan guarantee under this section for a project described in 
        paragraph (1)(E) only during the 4-year period beginning on the 
        date of enactment of the Passenger Rail Reform and Investment 
        Act of 2015.''.
SEC. 11605. PROGRAM ADMINISTRATION.

    (a) Application Processing Procedures.--Section 502(i) (45 U.S.C. 
822(i)) is amended to read as follows:
    ``(i) Application Processing Procedures.--
            ``(1) Application status notices.--Not later than 30 days 
        after the date that the Secretary receives an application under 
        this section, or additional information and material under 
        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).''.

    (b) Administration of Direct Loans and Loan Guarantees.--Section 503 
(45 U.S.C. 823) is amended--

[[Page 129 STAT. 1696]]

            (1) in subsection (a) by striking the period at the end and 
        inserting ``, including a program guide, a standard term sheet, 
        and specific timetables.'';
            (2) by redesignating subsections (c) through (l) as 
        subsections (d) through (m), respectively;
            (3) by striking ``(b) Assignment of Loan Guarantees.--'' and 
        inserting ``(c) Assignment of Loan Guarantees.--'';
            (4) in subsection (d), as so redesignated--
                    (A) in paragraph (1) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the modification cost has been covered under section 
        502(f).''; and
            (5) by striking subsection (l), as so redesignated, and 
        inserting the following:

    ``(l) Charges and Loan Servicing.--
            ``(1) Purposes.--The Secretary may collect from each 
        applicant, obligor, or loan party a reasonable charge for--
                    ``(A) the cost of evaluating the application, 
                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.''.

[[Page 129 STAT. 1697]]

SEC. 11606. LOAN TERMS AND REPAYMENT.

    (a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C. 
822(g)(1)) is amended by striking ``35 years from the date of its 
execution'' and inserting the following: ``the lesser of--
                    ``(A) 35 years after the date of substantial 
                completion of the project; or
                    ``(B) the estimated useful life of the rail 
                equipment or facilities to be acquired, rehabilitated, 
                improved, developed, or established''.

    (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is 
amended--
            (1) in paragraph (1) by striking ``the sixth anniversary 
        date of the original loan disbursement'' and inserting ``5 years 
        after the date of substantial completion''; and
            (2) by adding at the end the following:
            ``(3) Deferred payments.--
                    ``(A) In general.--If at any time after the date of 
                substantial completion the obligor is unable to pay the 
                scheduled loan repayments of principal and interest on a 
                direct loan provided under this section, the Secretary, 
                subject to subparagraph (B), may allow, for a maximum 
                aggregate time of 1 year over the duration of the direct 
                loan, the obligor to add unpaid principal and interest 
                to the outstanding balance of the direct loan.
                    ``(B) Interest.--A payment deferred under 
                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.''.

    (c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is amended by 
adding at the end the following:
    ``(k) Sale of Direct Loans.--
            ``(1) In general.--Subject to paragraph (2) and as soon as 
        practicable after substantial completion of a project, the 
        Secretary, after notifying the obligor, may sell to another 
        entity or reoffer into the capital markets a direct loan for the 
        project if the Secretary determines that the sale or reoffering 
        has a high probability of being made on favorable terms.
            ``(2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change the original 
        terms and conditions of the secured loan without the prior 
        written consent of the obligor.''.

[[Page 129 STAT. 1698]]

    (d) Nonsubordination.--Section 502 (45 U.S.C. 822) is further 
amended by adding at the end the following:
    ``(l) Nonsubordination.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        direct loan provided by the Secretary under this section shall 
        not be subordinated to the claims of any holder of project 
        obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor.
            ``(2) Preexisting indentures.--
                    ``(A) In general.--The Secretary may waive the 
                requirement under paragraph (1) for a public agency 
                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.

    (a) Infrastructure Partners.--Section 502(f) (45 U.S.C. 822(f)) is 
amended--
            (1) in paragraph (1) by striking the first sentence and 
        inserting the following: ``In lieu of or in combination with 
        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.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (D), by adding ``and'' after the 
                semicolon;
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraph (F) as 
                subparagraph (E);
            (3) by striking paragraph (4);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) Creditworthiness.--An applicant may propose and the 
        Secretary shall accept as a basis for determining the amount of 
        the credit risk premium under paragraph (2) any of the following 
        in addition to the value of any tangible asset:

[[Page 129 STAT. 1699]]

                    ``(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
            (6) in paragraph (4), as redesignated, by striking 
        ``amounts'' and inserting ``amounts (and in the case of a 
        modification, before the modification is executed), to the 
        extent appropriations are not available to the Secretary to meet 
        the costs of direct loans and loan guarantees, including costs 
        of modifications thereof''.

    (b) <<NOTE: 45 USC 821 note.>>  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

[[Page 129 STAT. 1700]]

                in each of the direct loans or loan guarantees or in the 
                release of the master credit agreement.''.
SEC. 11609. PRIORITIES AND CONDITIONS.

    (a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c)) is 
amended--
            (1) in paragraph (1), by inserting ``, including projects 
        for the installation of a positive train control system (as 
        defined in section 20157(i) of title 49, United States Code)'' 
        after ``public safety'';
            (2) by moving paragraph (3) to appear before paragraph (2), 
        and redesignating those paragraphs accordingly;
            (3) in paragraph (5), by inserting ``or chapter 227 of title 
        49'' after ``section 135 of title 23'';
            (4) by redesignating paragraphs (6) through (8) as 
        paragraphs (7) through (9), respectively; and
            (5) by inserting after paragraph (5) the following:
            ``(6) improve railroad stations and passenger facilities and 
        increase transit-oriented development;''.

    (b) Conditions of Assistance.--Section 502(h)(2) (45 U.S.C. 
822(h)(2)) is amended by inserting ``, if applicable'' after 
``project''.
SEC. 11610. <<NOTE: 45 USC 821 note.>>  SAVINGS PROVISIONS.

    (a) In General.--Except as provided in subsection (b) and section 
11607(b), this subtitle, and the amendments made by this subtitle, shall 
not affect any direct loan (or direct loan obligation) or an outstanding 
loan guarantee (or loan guarantee commitment) that was in effect prior 
to the date of enactment of this Act. Any such transaction entered into 
before the date of enactment of this Act shall be administered until 
completion under its terms as if this Act were not enacted.
    (b) Modification Costs.--At the discretion of the Secretary, the 
authority to accept modification costs on behalf of an applicant under 
section 502(f) of the Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act, may 
apply with respect to any direct loan (or direct loan obligation) or an 
outstanding loan guarantee (or loan guarantee commitment) that was in 
effect prior to the date of enactment of this Act.
SEC. 11611. REPORT ON LEVERAGING RRIF.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States shall transmit 
to the Committee on Transportation and 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.
    (b) Report Contents.--The report required under subsection (a) shall 
include--
            (1) illustrative examples of projects that could be financed 
        under such Program;
            (2) potential repayment sources for such projects, including 
        tax-increment financing, user fees, tolls, and other dedicated 
        revenue sources; and
            (3) estimated costs and benefits of using the Program 
        relative to other options, including a comparison of the length

[[Page 129 STAT. 1701]]

        of time such projects would likely be completed without Federal 
        credit assistance.

DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 
                                  2015

                    TITLE XXIV--MOTOR VEHICLE SAFETY

                       Subtitle A--Vehicle Safety

SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there is authorized to 
be appropriated to the Secretary to carry out chapter 301 of title 49, 
and part C of subtitle VI of title 49, United States Code, amounts as 
follows:
            (1) $132,730,000 for fiscal year 2016.
            (2) $135,517,330 for fiscal year 2017.
            (3) $138,363,194 for fiscal year 2018.
            (4) $141,268,821 for fiscal year 2019.
            (5) $144,235,466 for fiscal year 2020.

    (b) Additional Authorization of Appropriations if a Certification Is 
Made.--
            (1) In general.--In addition to the amounts authorized to be 
        appropriated under subsection (a) to carry out chapter 301 of 
        title 49, and part C of subtitle VI of title 49, United States 
        Code, if the certification described in paragraph (2) is made 
        during a fiscal year there is authorized to be appropriated to 
        the Secretary for that purpose for that fiscal year and 
        subsequent fiscal years an additional amount as follows:
                    (A) $46,270,000 for fiscal year 2016.
                    (B) $51,537,670 for fiscal year 2017.
                    (C) $57,296,336 for fiscal year 2018.
                    (D) $62,999,728 for fiscal year 2019.
                    (E) $69,837,974 for fiscal year 2020.
            (2) Certification described.--The certification described in 
        this paragraph is a certification made by the Secretary and 
        submitted to Congress that the National Highway Traffic Safety 
        Administration has implemented all of the recommendations in the 
        Office of Inspector General Audit Report issued June 18, 2015 
        (ST-2015-063). As part of the certification, the Secretary shall 
        review the actions the National Highway Traffic Safety 
        Administration has taken to implement the recommendations and 
        issue a report to Congress detailing how the recommendations 
        were implemented. The Secretary shall not delegate or assign the 
        responsibility under this paragraph.
SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, and periodically thereafter until the completion date, the 
Department of Transportation Inspector General shall report to the 
appropriate committees of Congress on whether and what progress has been 
made to implement the recommendations in the Office of Inspector General 
Audit Report issued June 18, 2015 (ST-2015-063).

[[Page 129 STAT. 1702]]

    (b) Implementation Progress.--The Administrator of the National 
Highway Traffic Safety Administration shall--
            (1) not later than 90 days after the date of enactment of 
        this Act, and periodically thereafter until the completion date, 
        provide a briefing to the appropriate committees of Congress on 
        the actions the Administrator has taken to implement the 
        recommendations in the audit report described in subsection (a), 
        including a plan for implementing any remaining recommendations; 
        and
            (2) not later than 1 year after the date of enactment of 
        this Act, issue a final report to the appropriate committees of 
        Congress on the implementation of all of the recommendations in 
        the audit report described in subsection (a).

    (c) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives.
            (2) Completion date.--The term ``completion date'' means the 
        date that the National Highway Traffic Safety Administration has 
        implemented all of the recommendations in the Office of 
        Inspector General Audit Report issued June 18, 2015 (ST-2015-
        063).
SEC. 24103. <<NOTE: 49 USC 30119 note.>>  IMPROVEMENTS IN 
                            AVAILABILITY OF RECALL INFORMATION.

    (a) Vehicle Recall Information.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall implement current 
information technology, web design trends, and best practices that will 
help ensure that motor vehicle safety recall information available to 
the public on the Federal website is readily accessible and easy to use, 
including--
            (1) by improving the organization, availability, 
        readability, and functionality of the website;
            (2) by accommodating high-traffic volume; and
            (3) by establishing best practices for scheduling routine 
        website maintenance.

    (b) Government Accountability Office Public Awareness Report.--
            (1) In general.--The Comptroller General shall study the 
        current use by consumers, dealers, and manufacturers of the 
        safety recall information made available to the public, 
        including the usability and content of the Federal and 
        manufacturers' websites and the National Highway Traffic Safety 
        Administration's efforts to publicize and educate consumers 
        about safety recall information.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General shall issue a 
        report with the findings of the study under paragraph (1), 
        including recommending any actions the Secretary can take to 
        improve public awareness and use of the websites for safety 
        recall information.

    (c) Promotion of Public Awareness.--Section 31301(c) of the Moving 
Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is 
amended to read as follows:

[[Page 129 STAT. 1703]]

    ``(c) Promotion of Public Awareness.--The Secretary shall improve 
public awareness of safety recall information made publicly available by 
periodically updating the method of conveying that information to 
consumers, dealers, and manufacturers, such as through public service 
announcements.''.
    (d) Consumer Guidance.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall make available to the public 
on the Internet detailed guidance for consumers submitting safety 
complaints, including--
            (1) a detailed explanation of what information a consumer 
        should include in a complaint; and
            (2) a detailed explanation of the possible actions the 
        National Highway Traffic Safety Administration can take to 
        address a complaint and respond to the consumer, including 
        information on--
                    (A) the consumer records, such as photographs and 
                police reports, that could assist with an investigation; 
                and
                    (B) the length of time a consumer should retain the 
                records described in subparagraph (A).

    (e) Vin Search.--
            (1) In general.--The Secretary, in coordination with 
        industry, including manufacturers and dealers, shall study--
                    (A) the feasibility of searching multiple vehicle 
                identification numbers at a time to retrieve motor 
                vehicle safety recall information; and
                    (B) the feasibility of making the search mechanism 
                described under subparagraph (A) publicly available.
            (2) Considerations.--In conducting the study under paragraph 
        (1), the Secretary shall consider the potential costs, and 
        potential risks to privacy and security in implementing such a 
        search mechanism.
SEC. <<NOTE: 49 USC 30119 note.>>  24104. RECALL PROCESS.

    (a) Notification Improvement.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall prescribe a final 
        rule revising the regulations under section 577.7 of title 49, 
        Code of Federal Regulations, to include notification by 
        electronic means in addition to notification by first class 
        mail.
            (2) Definition of electronic means.--In this subsection, the 
        term ``electronic means'' includes electronic mail and may 
        include such other means of electronic notification, such as 
        social media or targeted online campaigns, as determined by the 
        Secretary.

    (b) Notification by Manufacturer.--Section 30118(c) of title 49, 
United States Code, is amended by inserting ``or electronic mail'' after 
``certified mail''.
    (c) Recall Completion Rates Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and biennially thereafter for 4 years, 
        the Secretary shall--
                    (A) conduct an analysis of vehicle safety recall 
                completion rates to assess potential actions by the 
                National Highway Traffic Safety Administration to 
                improve vehicle safety recall completion rates; and
                    (B) submit to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on

[[Page 129 STAT. 1704]]

                Energy and Commerce of the House of Representatives a 
                report on the results of the analysis.
            (2) Contents.--Each report shall include--
                    (A) the annual recall completion rate by 
                manufacturer, model year, component (such as brakes, 
                fuel systems, and air bags), and vehicle type (passenger 
                car, sport utility vehicle, passenger van, and pick-up 
                truck) for each of the 5 years before the year the 
                report is submitted;
                    (B) the methods by which the Secretary has conducted 
                analyses of these recall completion rates to determine 
                trends and identify risk factors associated with lower 
                recall rates; and
                    (C) the actions the Secretary has planned to improve 
                recall completion rates based on the results of this 
                data analysis.

    (d) Inspector General Audit of Vehicle Recalls.--
            (1) In general.--The Department of Transportation Inspector 
        General shall conduct an audit of the National Highway Traffic 
        Safety Administration's management of vehicle safety recalls.
            (2) Contents.--The audit shall include a determination of 
        whether the National Highway Traffic Safety Administration--
                    (A) appropriately monitors recalls to ensure the 
                appropriateness of scope and adequacy of recall 
                completion rates and remedies;
                    (B) ensures manufacturers provide safe remedies, at 
                no cost to consumers;
                    (C) is capable of coordinating recall remedies and 
                processes; and
                    (D) can improve its policy on consumer notice to 
                combat effects of recall fatigue.
SEC. 24105. <<NOTE: 49 USC 30119 note.>>  PILOT GRANT PROGRAM FOR 
                            STATE NOTIFICATION TO CONSUMERS OF 
                            MOTOR VEHICLE RECALL STATUS.

    (a) In General.--Not later than October 1, 2016, the Secretary shall 
implement a 2-year pilot program to evaluate the feasibility and 
effectiveness of a State process for informing consumers of open motor 
vehicle recalls at the time of motor vehicle registration in the State.
    (b) Grants.--To carry out this program, the Secretary may make a 
grant to each eligible State, but not more than 6 eligible States in 
total, that agrees to comply with the requirements under subsection (c). 
Funds made available to a State under this section shall be used by the 
State for the pilot program described in subsection (a).
    (c) Eligibility.--To be eligible for a grant, a State shall--
            (1) submit an application in such form and manner as the 
        Secretary prescribes;
            (2) agree to notify, at the time of registration, each owner 
        or lessee of a motor vehicle presented for registration in the 
        State of any open recall on that vehicle;
            (3) provide the open motor vehicle recall information at no 
        cost to each owner or lessee of a motor vehicle presented for 
        registration in the State; and
            (4) provide such other information as the Secretary may 
        require.

[[Page 129 STAT. 1705]]

    (d) Awards.--In selecting an applicant for an award under this 
section, the Secretary shall consider the State's methodology for 
determining open recalls on a motor vehicle, for informing consumers of 
the open recalls, and for determining performance.
    (e) Performance Period.--Each grant awarded under this section shall 
require a 2-year performance period.
    (f) Report.--Not later than 90 days after the completion of the 
performance period under subsection (e), a grantee shall provide to the 
Secretary a report of performance containing such information as the 
Secretary considers necessary to evaluate the extent to which open 
recalls have been remedied.
    (g) Evaluation.--Not later than 180 days after the completion of the 
pilot program, the Secretary shall evaluate the extent to which open 
recalls identified have been remedied.
    (h) Definitions.--In this section:
            (1) Consumer.--The term ``consumer'' includes owner and 
        lessee.
            (2) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given the term under section 30102(a) of title 49, 
        United States Code.
            (3) Open recall.--The term ``open recall'' means a recall 
        for which a notification by a manufacturer has been provided 
        under section 30119 of title 49, United States Code, and that 
        has not been remedied under section 30120 of that title.
            (4) Registration.--The term ``registration'' means the 
        process for registering motor vehicles in the State.
            (5) State.--The term ``State'' has the meaning given the 
        term under section 101(a) of title 23, United States Code.
SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.

    Section 30120A of title 49, United States Code, is amended by 
striking ``chapter 11 of title 11,'' and inserting ``chapter 7 or 
chapter 11 of title 11''.
SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.

    Section 30120(f) of title 49, United States Code, is amended--
            (1) by inserting ``(1) in general. A manufacturer'' and 
        indenting appropriately;
            (2) in paragraph (1), as redesignated, by striking the 
        period at the end and inserting the following: ``if--
                    ``(A) at the time of providing service for each of 
                the manufacturer's motor vehicles it services, the 
                dealer notifies the owner or the individual requesting 
                the service of any open recall; and
                    ``(B) the notification requirement under 
                subparagraph (A) is specified in a franchise, operating, 
                or other agreement between the dealer and the 
                manufacturer.''; and
            (3) by adding at the end the following:
            ``(2) Definition of open recall.--In this subsection, the 
        term `open recall' means a recall for which a notification by a 
        manufacturer has been provided under section 30119 and that has 
        not been remedied under this section.''.
SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE DEFECTS.

    Section 30120(b) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``60 days'' and inserting 
        ``180 days''; and

[[Page 129 STAT. 1706]]

            (2) in paragraph (2), by striking ``60-day'' each place it 
        appears and inserting ``180-day''.
SEC. 24109. <<NOTE: Raechel and Jacqueline Houck Safe Rental Car 
                            Act of 2015.>>  RENTAL CAR SAFETY.

    (a) <<NOTE: 49 USC 30101 note.>>  Short Title.--This section may be 
cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of 
2015''.

    (b) Definitions.--Section 30102(a) of title 49, United States Code, 
is amended--
            (1) by redesignating paragraphs (10) and (11) as paragraphs 
        (12) and (13), respectively;
            (2) by redesignating paragraphs (1) through (9) as 
        paragraphs (2) through (10), respectively;
            (3) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `covered rental vehicle' means a motor vehicle that--
                    ``(A) has a gross vehicle weight rating of 10,000 
                pounds or less;
                    ``(B) is rented without a driver for an initial term 
                of less than 4 months; and
                    ``(C) is part of a motor vehicle fleet of 35 or more 
                motor vehicles that are used for rental purposes by a 
                rental company.''; and
            (4) by inserting after paragraph (10), as redesignated, the 
        following:
            ``(11) `rental company' means a person who--
                    ``(A) is engaged in the business of renting covered 
                rental vehicles; and
                    ``(B) uses for rental purposes a motor vehicle fleet 
                of 35 or more covered rental vehicles, on average, 
                during the calendar year.''.

    (c) Remedies for Defects and Noncompliance.--Section 30120(i) of 
title 49, United States Code, is amended--
            (1) in the subsection heading, by adding ``, or Rental'' at 
        the end;
            (2) in paragraph (1)--
                    (A) by striking ``(1) If notification'' and 
                inserting the following:
            ``(1) In general.--If notification'';
                    (B) by indenting subparagraphs (A) and (B) four ems 
                from the left margin;
                    (C) by inserting ``or the manufacturer has provided 
                to a rental company notification about a covered rental 
                vehicle in the company's possession at the time of 
                notification'' after ``time of notification'';
                    (D) by striking ``the dealer may sell or lease,'' 
                and inserting ``the dealer or rental company may sell, 
                lease, or rent''; and
                    (E) in subparagraph (A), by striking ``sale or 
                lease'' and inserting ``sale, lease, or rental 
                agreement'';
            (3) by amending paragraph (2) to read as follows:
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit a dealer or rental company from 
        offering the vehicle or equipment for sale, lease, or rent.''; 
        and
            (4) by adding at the end the following:
            ``(3) Specific rules for rental companies.--

[[Page 129 STAT. 1707]]

                    ``(A) In general.--Except as otherwise provided 
                under this paragraph, a rental company shall comply with 
                the limitations on sale, lease, or rental set forth in 
                subparagraph (C) and paragraph (1) as soon as 
                practicable, but not later than 24 hours after the 
                earliest receipt of the notice to owner under subsection 
                (b) or (c) of section 30118 (including the vehicle 
                identification number for the covered vehicle) by the 
                rental company, whether by electronic means or first 
                class mail.
                    ``(B) Special rule for large vehicle fleets.--
                Notwithstanding subparagraph (A), if a rental company 
                receives a notice to owner covering more than 5,000 
                motor vehicles in its fleet, the rental company shall 
                comply with the limitations on sale, lease, or rental 
                set forth in subparagraph (C) and paragraph (1) as soon 
                as practicable, but not later than 48 hours after the 
                earliest receipt of the notice to owner under subsection 
                (b) or (c) of section 30118 (including the vehicle 
                identification number for the covered vehicle) by the 
                rental company, whether by electronic means or first 
                class mail.
                    ``(C) Special rule for when remedies not immediately 
                available.--If a notification required under subsection 
                (b) or (c) of section 30118 indicates that the remedy 
                for the defect or noncompliance is not immediately 
                available and specifies actions to temporarily alter the 
                vehicle that eliminate the safety risk posed by the 
                defect or noncompliance, the rental company, after 
                causing the specified actions to be performed, may rent 
                (but may not sell or lease) the motor vehicle. Once the 
                remedy for the rental vehicle becomes available to the 
                rental company, the rental company may not rent the 
                vehicle until the vehicle has been remedied, as provided 
                in subsection (a).
                    ``(D) Inapplicability to junk automobiles.--
                Notwithstanding paragraph (1), this subsection does not 
                prohibit a rental company from selling a covered rental 
                vehicle if such vehicle--
                          ``(i) meets the definition of a junk 
                      automobile under section 201 of the Anti-Car Theft 
                      Act of 1992 (49 U.S.C. 30501);
                          ``(ii) is retitled as a junk automobile 
                      pursuant to applicable State law; and
                          ``(iii) is reported to the National Motor 
                      Vehicle Information System, if required under 
                      section 204 of such Act (49 U.S.C. 30504).''.

    (d) Making Safety Devices and Elements Inoperative.--Section 
30122(b) of title 49, United States Code, is amended by inserting 
``rental company,'' after ``dealer,'' each place such term appears.
    (e) Inspections, Investigations, and Records.--Section 30166 of 
title 49, United States Code, is amended--
            (1) in subsection (c)(2), by striking ``or dealer'' each 
        place such term appears and inserting ``dealer, or rental 
        company'';
            (2) in subsection (e), by striking ``or dealer'' each place 
        such term appears and inserting ``dealer, or rental company''; 
        and
            (3) in subsection (f), by striking ``or to owners'' and 
        inserting ``, rental companies, or other owners''.

[[Page 129 STAT. 1708]]

    (f) Research Authority.--The Secretary of Transportation may conduct 
a study of--
            (1) the effectiveness of the amendments made by this 
        section; and
            (2) other activities of rental companies (as defined in 
        section 30102(a)(11) of title 49, United States Code) related to 
        their use and disposition of motor vehicles that are the subject 
        of a notification required under section 30118 of title 49, 
        United States Code.

    (g) Study.--
            (1) Additional requirement.--Section 32206(b)(2) of the 
        Moving Ahead for Progress in the 21st Century Act (Public Law 
        112-141; 126 Stat. 785) is amended--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) evaluate the completion of safety recall 
                remedies on rental trucks; and''.
            (2) Report.--Section 32206(c) of such Act is amended--
                    (A) in paragraph (1), by striking ``subsection (b)'' 
                and inserting ``subparagraphs (A) through (E) and (G) of 
                subsection (b)(2)'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (C) by striking ``Report. Not later'' and inserting 
                the following:

    ``(c) Reports.--
            ``(1) Initial report.--Not later''; and
                    (D) by adding at the end the following:
            ``(2) Safety recall remedy report.--Not later than 1 year 
        after the date of the enactment of the `Raechel and Jacqueline 
        Houck Safe Rental Car Act of 2015', the Secretary shall submit a 
        report to the congressional committees set forth in paragraph 
        (1) that contains--
                    ``(A) the findings of the study conducted pursuant 
                to subsection (b)(2)(F); and
                    ``(B) any recommendations for legislation that the 
                Secretary determines to be appropriate.''.

    (h) Public Comments.--The Secretary shall solicit comments regarding 
the implementation of this section from members of the public, including 
rental companies, consumer organizations, automobile manufacturers, and 
automobile dealers.
    (i) <<NOTE: 49 USC 30102 note.>>  Rule of Construction.--Nothing in 
this section or the amendments made by this section--
            (1) may be construed to create or increase any liability, 
        including for loss of use, for a manufacturer as a result of 
        having manufactured or imported a motor vehicle subject to a 
        notification of defect or noncompliance under subsection (b) or 
        (c) of section 30118 of title 49, United States Code; or
            (2) shall supersede or otherwise affect the contractual 
        obligations, if any, between such a manufacturer and a rental 
        company (as defined in section 30102(a) of title 49, United 
        States Code).

    (j) <<NOTE: 49 USC 30102 note.>>  Rulemaking.--The Secretary may 
promulgate rules, as appropriate, to implement this section and the 
amendments made by this section.

[[Page 129 STAT. 1709]]

    (k) <<NOTE: 49 USC 30102 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date that is 180 days 
after the date of enactment of this Act.
SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF MOTOR 
                            VEHICLE SAFETY.

    (a) Increase in Civil Penalties.--Section 30165(a) of title 49, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``$5,000'' and inserting 
                ``$21,000''; and
                    (B) by striking ``$35,000,000'' and inserting 
                ``$105,000,000''; and
            (2) in paragraph (3)--
                    (A) by striking ``$5,000'' and inserting 
                ``$21,000''; and
                    (B) by striking ``$35,000,000'' and inserting 
                ``$105,000,000''.

    (b) <<NOTE: 49 USC 30165 note.>>  Effective Date.--The amendments 
made by subsection (a) of this section take effect on the date that the 
Secretary certifies to Congress that the National Highway Traffic Safety 
Administration has issued the final rule required by section 31203(b) of 
the Moving Ahead for Progress In the 21st Century Act (Public Law 112-
141; 126 Stat. 758; 49 U.S.C. 30165 note).

    (c) Publication of Effective Date.--The Secretary shall publish 
notice of the effective date under subsection (b) of this section in the 
Federal Register.
SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES.

    Section 32705(g) of title 49, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Not later than'' and 
        indenting appropriately; and
            (2) by adding at the end the following:
            ``(2) Notwithstanding paragraph (1) and subject to paragraph 
        (3), a State, without approval from the Secretary under 
        subsection (d), may allow for written disclosures or notices and 
        related matters to be provided electronically if--
                    ``(A) in compliance with--
                          ``(i) the requirements of subchapter 1 of 
                      chapter 96 of title 15; or
                          ``(ii) the requirements of a State law under 
                      section 7002(a) of title 15; and
                    ``(B) the disclosures or notices otherwise meet the 
                requirements under this section, including appropriate 
                authentication and security measures.
            ``(3) Paragraph (2) ceases to be effective on the date the 
        regulations under paragraph (1) become effective.''.
SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    Section 30166(o) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall''; and
            (2) by adding at the end the following:
            ``(3) Deadline.--Not later than 1 year after the date of 
        enactment of the Comprehensive Transportation and Consumer 
        Protection Act of 2015, the Secretary shall issue a final rule 
        under paragraph (1).''.

[[Page 129 STAT. 1710]]

SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.

    (a) Recall Notification Report.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue a report on the 
feasibility of a technical system that would operate in each new motor 
vehicle to indicate when the vehicle is subject to an open recall.
    (b) Definition of Open Recall.--In this section the term ``open 
recall'' means a recall for which a notification by a manufacturer has 
been provided under section 30119 of title 49, United States Code, and 
that has not been remedied under section 30120 of that title.
SEC. 24114. UNATTENDED CHILDREN WARNING.

    Section 31504(a) of the Moving Ahead for Progress in the 21st 
Century Act (49 U.S.C. 30111 note) is amended by striking ``may'' and 
inserting ``shall''.
SEC. 24115. <<NOTE: 49 USC 30123 note.>>  TIRE PRESSURE MONITORING 
                            SYSTEM.

    (a) Proposed Rule.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall publish a proposed rule 
that--
            (1) updates the standards pertaining to tire pressure 
        monitoring systems to ensure that a tire pressure monitoring 
        system that is installed in a new motor vehicle after the 
        effective date of such updated standards cannot be overridden, 
        reset, or recalibrated in such a way that the system will no 
        longer detect when the inflation pressure in one or more of the 
        vehicle's tires has fallen to or below a significantly 
        underinflated pressure level; and
            (2) does not contain any provision that has the effect of 
        prohibiting the availability of direct or indirect tire pressure 
        monitoring systems that meet the requirements of the standards 
        updated pursuant to paragraph (1).

    (b) Final Rule.--Not later than 2 years after the date of enactment 
of this Act, after providing the public with sufficient opportunity for 
notice and comment on the proposed rule published pursuant to subsection 
(a), the Secretary shall issue a final rule based on the proposed rule 
described in subsection (a) that--
            (1) allows a manufacturer to install a tire pressure 
        monitoring system that can be reset or recalibrated to 
        accommodate--
                    (A) the repositioning of tire sensor locations on 
                vehicles with split inflation pressure recommendations;
                    (B) tire rotation; or
                    (C) replacement tires or wheels of a different size 
                than the original equipment tires or wheels; and
            (2) to address the accommodations described in subparagraphs 
        (A), (B), and (C) of paragraph (1), ensures that a tire pressure 
        monitoring system that is reset or recalibrated according to the 
        manufacturer's instructions would illuminate the low tire 
        pressure warning telltale when a tire is significantly 
        underinflated until the tire is no longer significantly 
        underinflated.

    (c) Significantly Underinflated Pressure Level Defined.--In this 
section, the term ``significantly underinflated pressure level'' means a 
pressure level that is--

[[Page 129 STAT. 1711]]

            (1) below the level at which the low tire pressure warning 
        telltale must illuminate, consistent with the TPMS detection 
        requirements contained in S4.2(a) of section 571.138 of title 
        49, Code of Federal Regulations, or any corresponding similar or 
        successor regulation or ruling (as determined by the Secretary); 
        and
            (2) in the case of a replacement wheel or tire, below the 
        recommended cold inflation pressure of the wheel or tire 
        manufacturer.
SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN RECALL.

    Section 30119 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(g) Information Regarding Components Involved in Recall.--A 
manufacturer that is required to furnish a report under section 573.6 of 
title 49, Code of Federal Regulations (or any successor regulation) for 
a defect or noncompliance in a motor vehicle or in an item of original 
or replacement equipment shall, if such defect or noncompliance involves 
a specific component or components, include in such report, with respect 
to such component or components, the following information:
            ``(1) The name of the component or components.
            ``(2) A description of the component or components.
            ``(3) The part number of the component or components, if 
        any.''.

      Subtitle B--Research And Development And Vehicle Electronics

SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE 
                            ELECTRONICS, VEHICLE SOFTWARE, AND 
                            EMERGING TECHNOLOGIES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce of 
the House of Representatives a report regarding the operations of the 
Council for Vehicle Electronics, Vehicle Software, and Emerging 
Technologies established under section 31401 of the Moving Ahead for 
Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall 
include information about the accomplishments of the Council, the role 
of the Council in integrating and aggregating electronic and emerging 
technologies expertise across the National Highway Traffic Safety 
Administration, the role of the Council in coordinating with other 
Federal agencies, and the priorities of the Council over the next 5 
years.
SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.

    (a) Title 49 Amendment.--Section 30182(b) of title 49, United States 
Code, is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) the following:

[[Page 129 STAT. 1712]]

            ``(6) in coordination with Department of State, enter into 
        cooperative agreements and collaborative research and 
        development agreements with foreign governments.''.

    (b) Title 23 Amendment.--Section 403 of title 23, United States 
Code, is amended--
            (1) in subsection (b)(2)(C), by inserting ``foreign 
        government (in coordination with the Department of State)'' 
        after ``institution,''; and
            (2) in subsection (c)(1)(A), by inserting ``foreign 
        governments,'' after ``local governments,''.

    (c) Audit.--The Department of Transportation Inspector General shall 
conduct an audit of the Secretary of Transportation's management and 
oversight of cooperative agreements and collaborative research and 
development agreements, including any cooperative agreements between the 
Secretary of Transportation and foreign governments under section 
30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C) 
and (c)(1)(A) of title 23, United States Code.

                  Subtitle C--Miscellaneous Provisions

  PART I-- <<NOTE: Driver Privacy Act of 2015.>> DRIVER PRIVACY ACT OF 
2015
SEC. 24301. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

    This part may be cited as the ``Driver Privacy Act of 2015''.
SEC. 24302. <<NOTE: 49 USC 30101 note.>> LIMITATIONS ON DATA 
                            RETRIEVAL FROM VEHICLE EVENT DATA 
                            RECORDERS.

    (a) Ownership of Data.--Any data retained by an event data recorder 
(as defined in section 563.5 of title 49, Code of Federal Regulations), 
regardless of when the motor vehicle in which it is installed was 
manufactured, is the property of the owner, or, in the case of a leased 
vehicle, the lessee of the motor vehicle in which the event data 
recorder is installed.
    (b) Privacy.--Data recorded or transmitted by an event data recorder 
described in subsection (a) may not be accessed by a person other than 
an owner or a lessee of the motor vehicle in which the event data 
recorder is installed unless--
            (1) a court or other judicial or administrative authority 
        having jurisdiction--
                    (A) authorizes the retrieval of the data; and
                    (B) to the extent that there is retrieved data, the 
                data is subject to the standards for admission into 
                evidence required by that court or other administrative 
                authority;
            (2) an owner or a lessee of the motor vehicle provides 
        written, electronic, or recorded audio consent to the retrieval 
        of the data for any purpose, including the purpose of 
        diagnosing, servicing, or repairing the motor vehicle, or by 
        agreeing to a subscription that describes how data will be 
        retrieved and used;
            (3) the data is retrieved pursuant to an investigation or 
        inspection authorized under section 1131(a) or 30166 of title 
        49, United States Code, and the personally identifiable 
        information of an owner or a lessee of the vehicle and the 
        vehicle identification number is not disclosed in connection 
        with the retrieved data, except that the vehicle identification 
        number may be disclosed to the certifying manufacturer;

[[Page 129 STAT. 1713]]

            (4) the data is retrieved for the purpose of determining the 
        need for, or facilitating, emergency medical response in 
        response to a motor vehicle crash; or
            (5) the data is retrieved for traffic safety research, and 
        the personally identifiable information of an owner or a lessee 
        of the vehicle and the vehicle identification number is not 
        disclosed in connection with the retrieved data.
SEC. 24303. <<NOTE: 49 USC 30101 note.>> VEHICLE EVENT DATA 
                            RECORDER STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the National Highway Traffic Safety 
Administration shall submit to Congress a report that contains the 
results of a study conducted by the Administrator to determine the 
amount of time event data recorders installed in passenger motor 
vehicles should capture and record for retrieval vehicle-related data in 
conjunction with an event in order to provide sufficient information to 
investigate the cause of motor vehicle crashes.
    (b) Rulemaking.--Not later than 2 years after submitting the report 
required under subsection (a), the Administrator of the National Highway 
Traffic Safety Administration shall promulgate regulations to establish 
the appropriate period during which event data recorders installed in 
passenger motor vehicles may capture and record for retrieval vehicle-
related data to the time necessary to provide accident investigators 
with vehicle-related information pertinent to crashes involving such 
motor vehicles.

       PART II-- <<NOTE: Safety Through Informed Consumers Act of 
2015.>> SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
SEC. 24321. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

    This part may be cited as the ``Safety Through Informed Consumers 
Act of 2015''.
SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.

    Section 32302 of title 49, United States Code, is amended by 
inserting after subsection (b) the following:
    ``(c) Crash Avoidance.--Not later than 1 year after the date of 
enactment of the Safety Through Informed Consumers Act of 2015, the 
Secretary shall promulgate a rule to ensure that crash avoidance 
information is indicated next to crashworthiness information on stickers 
placed on motor vehicles by their manufacturers.''.

  PART III-- <<NOTE: Tire Efficiency, Safety, and Registration Act of 
2015.>> TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
SEC. 24331. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

    This part may be cited as the ``Tire Efficiency, Safety, and 
Registration Act of 2015'' or the ``TESR Act''.
SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.

    Section 32304A of title 49, United States Code, is amended--
            (1) in the section heading, by inserting ``AND STANDARDS'' 
        after ``CONSUMER TIRE INFORMATION'';
            (2) in subsection (a)--

[[Page 129 STAT. 1714]]

                    (A) in the heading, by striking ``Rulemaking'' and 
                inserting ``Consumer Tire Information''; and
                    (B) in paragraph (1), by inserting ``(referred to in 
                this section as the `Secretary')'' after ``Secretary of 
                Transportation'';
            (3) by redesignating subsections (b) through (e) as 
        subsections (e) though (h), respectively; and
            (4) by inserting after subsection (a) the following:

    ``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum 
Performance Standards.--
            ``(1) In general.--The Secretary, after consultation with 
        the Secretary of Energy and the Administrator of the 
        Environmental Protection Agency, shall promulgate regulations 
        for tire fuel efficiency minimum performance standards for--
                    ``(A) passenger car tires with a maximum speed 
                capability equal to or less than 149 miles per hour or 
                240 kilometers per hour; and
                    ``(B) passenger car tires with a maximum speed 
                capability greater than 149 miles per hour or 240 
                kilometers per hour.
            ``(2) Tire fuel efficiency minimum performance standards.--
                    ``(A) Standard basis and test procedures.--The 
                minimum performance standards promulgated under 
                paragraph (1) shall be expressed in terms of the rolling 
                resistance coefficient measured using the test procedure 
                specified in section 575.106 of title 49, Code of 
                Federal Regulations (as in effect on the date of 
                enactment of this Act).
                    ``(B) No disparate effect on high performance 
                tires.--The Secretary shall ensure that the minimum 
                performance standards promulgated under paragraph (1) 
                will not have a disproportionate effect on passenger car 
                high performance tires with a maximum speed capability 
                greater than 149 miles per hour or 240 kilometers per 
                hour.
                    ``(C) Applicability.--
                          ``(i) In general.--This subsection applies to 
                      new pneumatic tires for use on passenger cars.
                          ``(ii) Exceptions.--This subsection does not 
                      apply to light truck tires, deep tread tires, 
                      winter-type snow tires, space-saver or temporary 
                      use spare tires, or tires with nominal rim 
                      diameters of 12 inches or less.

    ``(c) Promulgation of Regulations for Tire Wet Traction Minimum 
Performance Standards.--
            ``(1) In general.--The Secretary shall promulgate 
        regulations for tire wet traction minimum performance standards 
        to ensure that passenger tire wet traction capability is not 
        reduced to achieve improved tire fuel efficiency.
            ``(2) Tire wet traction minimum performance standards.--
                    ``(A) Basis of standard.--The minimum performance 
                standards promulgated under paragraph (1) shall be 
                expressed in terms of peak coefficient of friction.
                    ``(B) Test procedures.--Any test procedure 
                promulgated under this subsection shall be consistent 
                with any test procedure promulgated under subsection 
                (a).

[[Page 129 STAT. 1715]]

                    ``(C) Benchmarking.--The Secretary shall conduct 
                testing to benchmark the wet traction performance of 
                tire models available for sale in the United States as 
                of the date of enactment of this Act to ensure that the 
                minimum performance standards promulgated under 
                paragraph (1) are tailored to--
                          ``(i) tires sold in the United States; and
                          ``(ii) the needs of consumers in the United 
                      States.
                    ``(D) Applicability.--
                          ``(i) In general.--This subsection applies to 
                      new pneumatic tires for use on passenger cars.
                          ``(ii) Exceptions.--This subsection does not 
                      apply to light truck tires, deep tread tires, 
                      winter-type snow tires, space-saver or temporary 
                      use spare tires, or tires with nominal rim 
                      diameters of 12 inches or less.

    ``(d) Coordination Among Regulations.--
            ``(1) Compatibility.--The Secretary shall ensure that the 
        test procedures and requirements promulgated under subsections 
        (a), (b), and (c) are compatible and consistent.
            ``(2) Combined effect of rules.--The Secretary shall 
        evaluate the regulations promulgated under subsections (b) and 
        (c) to ensure that compliance with the minimum performance 
        standards promulgated under subsection (b) will not diminish wet 
        traction performance of affected tires.
            ``(3) Rulemaking deadlines.--The Secretary shall 
        promulgate--
                    ``(A) the regulations under subsections (b) and (c) 
                not later than 24 months after the date of enactment of 
                this Act; and
                    ``(B) the regulations under subsection (c) not later 
                than the date of promulgation of the regulations under 
                subsection (b).''.
SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.

    Paragraph (3) of section 30117(b) of title 49, United States Code, 
is amended to read as follows:
            ``(3) Rulemaking.--
                    ``(A) In general.--The Secretary shall initiate a 
                rulemaking to require a distributor or dealer of tires 
                that is not owned or controlled by a manufacturer of 
                tires to maintain records of--
                          ``(i) the name and address of tire purchasers 
                      and lessors;
                          ``(ii) information identifying the tire that 
                      was purchased or leased; and
                          ``(iii) any additional records the Secretary 
                      considers appropriate.
                    ``(B) Electronic transmission.--The rulemaking 
                carried out under subparagraph (A) shall require a 
                distributor or dealer of tires that is not owned or 
                controlled by a manufacturer of tires to electronically 
                transmit the records described in clauses (i), (ii), and 
                (iii) of subparagraph (A) to the manufacturer of the 
                tires or the designee of the manufacturer by secure 
                means at no cost to tire purchasers or lessors.

[[Page 129 STAT. 1716]]

                    ``(C) Satisfaction of requirements.--A regulation 
                promulgated under subparagraph (A) may be considered to 
                satisfy the requirements of paragraph (2)(B).''.
SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT.

    (a) Study.--The Secretary shall conduct a study to examine the 
feasibility of requiring all manufacturers of tires subject to section 
30117(b) of title 49, United States Code, to--
            (1) include electronic identification on every tire that 
        reflects all of the information currently required in the tire 
        identification number; and
            (2) ensure that the same type and format of electronic 
        information technology is used on all tires.

    (b) Report.--The Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Energy and Commerce of the House of Representatives a report on the 
results of the study required by paragraph (1).
SEC. 24335. <<NOTE: 49 USC 30119 note.>> TIRE RECALL DATABASE.

    (a) In General.--The Secretary shall establish a publicly available 
and searchable electronic database of tire recall information that is 
reported to the Administrator of the National Highway Traffic Safety 
Administration.
    (b) Tire Identification Number.--The database established under 
subsection (a) shall be searchable by Tire Identification Number (TIN) 
and any other criteria that assists consumers in determining whether a 
tire is subject to a recall.

                   PART IV--ALTERNATIVE FUEL VEHICLES

SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES.

    The Administrator of the Environmental Protection Agency shall 
revise the regulations issued in sections 600.510-12(c)(2)(vi) and 
600.510-12(c)(2) (vii)(A) of title 40, Code of Federal Regulations, to 
replace references to the year ``2019'' with the year ``2016''.

PART V-- <<NOTE: Motor Vehicle Safety Whistleblower Act.>> MOTOR VEHICLE 
SAFETY WHISTLEBLOWER ACT
SEC. 24351. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

    This part may be cited as the ``Motor Vehicle Safety Whistleblower 
Act''.
SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND 
                            PROTECTIONS.

    (a) In General.--Subchapter IV of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30172. <<NOTE: 49 USC 30172 note.>> Whistleblower 
                    incentives and protections

    ``(a) Definitions.--In this section:
            ``(1) Covered action.--The term `covered action' means any 
        administrative or judicial action, including any related 
        administrative or judicial action, brought by the Secretary or 
        the Attorney General under this chapter that in the aggregate 
        results in monetary sanctions exceeding $1,000,000.

[[Page 129 STAT. 1717]]

            ``(2) Monetary sanctions.--The term `monetary sanctions' 
        means monies, including penalties and interest, ordered or 
        agreed to be paid.
            ``(3) Original information.--The term `original information' 
        means information that--
                    ``(A) is derived from the independent knowledge or 
                analysis of an individual;
                    ``(B) is not known to the Secretary from any other 
                source, unless the individual is the original source of 
                the information; and
                    ``(C) is not exclusively derived from an allegation 
                made in a judicial or an administrative action, in a 
                governmental report, a hearing, an audit, or an 
                investigation, or from the news media, unless the 
                individual is a source of the information.
            ``(4) Part supplier.--The term `part supplier' means a 
        manufacturer of motor vehicle equipment.
            ``(5) Successful resolution.--The term `successful 
        resolution', with respect to a covered action, includes any 
        settlement or adjudication of the covered action.
            ``(6) Whistleblower.--The term `whistleblower' means any 
        employee or contractor of a motor vehicle manufacturer, part 
        supplier, or dealership who voluntarily provides to the 
        Secretary original information relating to any motor vehicle 
        defect, noncompliance, or any violation or alleged violation of 
        any notification or reporting requirement of this chapter, which 
        is likely to cause unreasonable risk of death or serious 
        physical injury.

    ``(b) Awards.--
            ``(1) In general.--If the original information that a 
        whistleblower provided to the Secretary leads to the successful 
        resolution of a covered action, the Secretary, subject to 
        subsection (c), may pay an award or awards to one or more 
        whistleblowers in an aggregate amount of--
                    ``(A) not less than 10 percent, in total, of 
                collected monetary sanctions; and
                    ``(B) not more than 30 percent, in total, of 
                collected monetary sanctions.
            ``(2) Payment of awards.--Any amount payable under paragraph 
        (1) shall be paid from the monetary sanctions collected, and any 
        monetary sanctions so collected shall be available for such 
        payment.

    ``(c) Determination of Awards; Denial of Awards.--
            ``(1) Determination of awards.--
                    ``(A) Discretion.--The determination of whether, to 
                whom, or in what amount to make an award shall be in the 
                discretion of the Secretary subject to the provisions in 
                subsection (b)(1).
                    ``(B) Criteria.--In determining an award made under 
                subsection (b), the Secretary shall take into 
                consideration--
                          ``(i) if appropriate, whether a whistleblower 
                      reported or attempted to report the information 
                      internally to an applicable motor vehicle 
                      manufacturer, part supplier, or dealership;
                          ``(ii) the significance of the original 
                      information provided by the whistleblower to the 
                      successful resolution of the covered action;

[[Page 129 STAT. 1718]]

                          ``(iii) the degree of assistance provided by 
                      the whistleblower and any legal representative of 
                      the whistleblower in the covered action; and
                          ``(iv) such additional factors as the 
                      Secretary considers relevant.
            ``(2) Denial of awards.--No award under subsection (b) shall 
        be made--
                    ``(A) to any whistleblower who is convicted of a 
                criminal violation related to the covered action for 
                which the whistleblower otherwise could receive an award 
                under this section;
                    ``(B) to any whistleblower who, acting without 
                direction from an applicable motor vehicle manufacturer, 
                part supplier, or dealership, or agent thereof, 
                deliberately causes or substantially contributes to the 
                alleged violation of a requirement of this chapter;
                    ``(C) to any whistleblower who submits information 
                to the Secretary that is based on the facts underlying 
                the covered action submitted previously by another 
                whistleblower;
                    ``(D) to any whistleblower who fails to provide the 
                original information to the Secretary in such form as 
                the Secretary may require by regulation; or
                    ``(E) if the applicable motor vehicle manufacturer, 
                parts supplier, or dealership has an internal reporting 
                mechanism in place to protect employees from 
                retaliation, to any whistleblower who fails to report or 
                attempt to report the information internally through 
                such mechanism, unless--
                          ``(i) the whistleblower reasonably believed 
                      that such an internal report would have resulted 
                      in retaliation, notwithstanding section 30171(a);
                          ``(ii) the whistleblower reasonably believed 
                      that the information--
                                    ``(I) was already internally 
                                reported;
                                    ``(II) was already subject to or 
                                part of an internal inquiry or 
                                investigation; or
                                    ``(III) was otherwise already known 
                                to the motor vehicle manufacturer, part 
                                supplier, or dealership; or
                          ``(iii) the Secretary has good cause to waive 
                      this requirement.

    ``(d) Representation.--A whistleblower may be represented by 
counsel.
    ``(e) No Contract Necessary.--No contract with the Secretary is 
necessary for any whistleblower to receive an award under subsection 
(b).
    ``(f) Protection of Whistleblowers; Confidentiality.--
            ``(1) In general.--Notwithstanding section 30167, and except 
        as provided in paragraphs (4) and (5) of this subsection, the 
        Secretary, and any officer or employee of the Department of 
        Transportation, shall not disclose any information, including 
        information provided by a whistleblower to the Secretary, which 
        could reasonably be expected to reveal the identity of a 
        whistleblower, except in accordance with the provisions of 
        section 552a of title 5, unless--
                    ``(A) required to be disclosed to a defendant or 
                respondent in connection with a public proceeding

[[Page 129 STAT. 1719]]

                instituted by the Secretary or any entity described in 
                paragraph (5);
                    ``(B) the whistleblower provides prior written 
                consent for the information to be disclosed; or
                    ``(C) the Secretary, or other officer or employee of 
                the Department of Transportation, receives the 
                information through another source, such as during an 
                inspection or investigation under section 30166, and has 
                authority under other law to release the information.
            ``(2) Redaction.--The Secretary, and any officer or employee 
        of the Department of Transportation, shall take reasonable 
        measures to not reveal the identity of the whistleblower when 
        disclosing any information under paragraph (1).
            ``(3) Section 552(b)(3)(b).--For purposes of section 552 of 
        title 5, paragraph (1) of this subsection shall be considered a 
        statute described in subsection (b)(3)(B) of that section.
            ``(4) Effect.--Nothing in this subsection is intended to 
        limit the ability of the Attorney General to present such 
        evidence to a grand jury or to share such evidence with 
        potential witnesses or defendants in the course of an ongoing 
        criminal investigation.
            ``(5) Availability to government agencies.--
                    ``(A) In general.--Without the loss of its status as 
                confidential in the hands of the Secretary, all 
                information referred to in paragraph (1) may, in the 
                discretion of the Secretary, when determined by the 
                Secretary to be necessary or appropriate to accomplish 
                the purposes of this chapter and in accordance with 
                subparagraph (B), be made available to the following:
                          ``(i) The Department of Justice.
                          ``(ii) An appropriate department or agency of 
                      the Federal Government, acting within the scope of 
                      its jurisdiction.
                    ``(B) Maintenance of information.--Each entity 
                described in subparagraph (A) shall maintain information 
                described in that subparagraph as confidential, in 
                accordance with the requirements in paragraph (1).

    ``(g) Provision of False Information.--A whistleblower who knowingly 
and intentionally makes any false, fictitious, or fraudulent statement 
or representation, or who makes or uses any false writing or document 
knowing the same to contain any false, fictitious, or fraudulent 
statement or entry, shall not be entitled to an award under this section 
and shall be subject to prosecution under section 1001 of title 18.
    ``(h) Appeals.--
            ``(1) In general.--Any determination made under this 
        section, including whether, to whom, or in what amount to make 
        an award, shall be in the discretion of the Secretary.
            ``(2) Appeals.--Any determination made by the Secretary 
        under this section may be appealed by a whistleblower to the 
        appropriate court of appeals of the United States not later than 
        30 days after the determination is issued by the Secretary.
            ``(3) Review.--The court shall review the determination made 
        by the Secretary in accordance with section 706 of title 5.

[[Page 129 STAT. 1720]]

    ``(i) Regulation.--Not later than 18 months after the date of 
enactment of this section, the Secretary shall promulgate regulations on 
the requirements of this section, consistent with this section.''.
    (b) <<NOTE: 49 USC 30172 note.>> Rule of Construction.--
            (1) Original information.--Information submitted to the 
        Secretary of Transportation by a whistleblower in accordance 
        with the requirements of section 30172 of title 49, United 
        States Code, shall not lose its status as original information 
        solely because the whistleblower submitted the information prior 
        to the effective date of the regulations issued under subsection 
        (i) of that section if that information was submitted after the 
        date of enactment of this Act.
            (2) Awards.--A whistleblower may receive an award under 
        section 30172 of title 49, United States Code, regardless of 
        whether the violation underlying the covered action occurred 
        prior to the date of enactment of this Act, and may receive an 
        award prior to the Secretary of Transportation promulgating the 
        regulations under subsection (i) of that section.

    (c) Conforming Amendments.--The table of contents of subchapter IV 
of chapter 301 of title 49, United States Code, <<NOTE: 49 USC prec. 
30101.>> is amended by adding at the end the following:

``30172. Whistleblower incentives and protections.''.

             Subtitle D--Additional Motor Vehicle Provisions

SEC. 24401. <<NOTE: 49 USC 105 note.>> REQUIRED REPORTING OF NHTSA 
                            AGENDA.

    Not later than December 1 of the year beginning after the date of 
enactment of this Act, and each year thereafter, the Administrator of 
the National Highway Traffic Safety Administration shall publish on the 
public website of the Administration, and file with the Committees on 
Energy and Commerce and Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an annual plan for the following calendar 
year detailing the Administration's projected activities, including--
            (1) the Administrator's policy priorities;
            (2) any rulemakings projected to be commenced;
            (3) any plans to develop guidelines;
            (4) any plans to restructure the Administration or to 
        establish or alter working groups;
            (5) any planned projects or initiatives of the 
        Administration, including the working groups and advisory 
        committees of the Administration; and
            (6) any projected dates or timetables associated with any of 
        the items described in paragraphs (1) through (5).
SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.

    Section 30120(g)(1) of title 49, United States Code, is amended by 
striking ``10 calendar years'' and inserting ``15 calendar years''.
SEC. 24403. <<NOTE: 49 USC 30117 note.>> RETENTION OF SAFETY 
                            RECORDS BY MANUFACTURERS.

    (a) Rule.--Not later than 18 months after the date of enactment of 
this Act, the Secretary of Transportation shall issue a

[[Page 129 STAT. 1721]]

final rule pursuant to section 30117 of title 49, United States Code, 
requiring each manufacturer of motor vehicles or motor vehicle equipment 
to retain all motor vehicle safety records required to be maintained by 
manufacturers under section 576.6 of title 49, Code of Federal 
Regulations, for a period of not less than 10 calendar years from the 
date on which they were generated or acquired by the manufacturer.
    (b) Application.--The rule required by subsection (a) shall apply 
with respect to any record described in such subsection that is in the 
possession of a manufacturer on the effective date of such rule.
SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO 
                            NONCOMPLYING MOTOR VEHICLES TO 
                            VEHICLES USED FOR TESTING OR 
                            EVALUATION.

    Section 30112(b) of title 49, United States Code, is amended--
            (1) in paragraph (8), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(10) the introduction of a motor vehicle in interstate 
        commerce solely for purposes of testing or evaluation by a 
        manufacturer that agrees not to sell or offer for sale the motor 
        vehicle at the conclusion of the testing or evaluation and that 
        prior to the date of enactment of this paragraph--
                    ``(A) has manufactured and distributed motor 
                vehicles into the United States that are certified to 
                comply with all applicable Federal motor vehicle safety 
                standards;
                    ``(B) has submitted to the Secretary appropriate 
                manufacturer identification information under part 566 
                of title 49, Code of Federal Regulations; and
                    ``(C) if applicable, has identified an agent for 
                service of process in accordance with part 551 of such 
                title.''.
SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.

    (a) Exemption From Vehicle Safety Standards for Low-volume 
Manufacturers.--Section 30114 of title 49, United States Code, is 
amended--
            (1) by striking ``The'' and inserting ``(a) Vehicles Used 
        for Particular Purposes. The''; and
            (2) by adding at the end the following new subsection:

    ``(b) Exemption for Low-volume Manufacturers.--
            ``(1) In general.--The Secretary shall--
                    ``(A) exempt from section 30112(a) of this title not 
                more than 325 replica motor vehicles per year that are 
                manufactured or imported by a low-volume manufacturer; 
                and
                    ``(B) except as provided in paragraph (4) of this 
                subsection, limit any such exemption to the Federal 
                Motor Vehicle Safety Standards applicable to motor 
                vehicles and not motor vehicle equipment.
            ``(2) Registration requirement.--To qualify for an exemption 
        under paragraph (1), a low-volume manufacturer shall register 
        with the Secretary at such time, in such manner, and under such 
        terms that the Secretary determines appropriate. The Secretary 
        shall establish terms that ensure that no person may register as 
        a low-volume manufacturer if the

[[Page 129 STAT. 1722]]

        person is registered as an importer under section 30141 of this 
        title.
            ``(3) Permanent label requirement.--
                    ``(A) In general.--The Secretary shall require a 
                low-volume manufacturer to affix a permanent label to a 
                motor vehicle exempted under paragraph (1) that 
                identifies the specified standards and regulations for 
                which such vehicle is exempt from section 30112(a), 
                states that the vehicle is a replica, and designates the 
                model year such vehicle replicates.
                    ``(B) Written notice.--The Secretary may require a 
                low-volume manufacturer of a motor vehicle exempted 
                under paragraph (1) to deliver written notice of the 
                exemption to--
                          ``(i) the dealer; and
                          ``(ii) the first purchaser of the motor 
                      vehicle, if the first purchaser is not an 
                      individual that purchases the motor vehicle for 
                      resale.
                    ``(C) Reporting requirement.--A low-volume 
                manufacturer shall annually submit a report to the 
                Secretary including the number and description of the 
                motor vehicles exempted under paragraph (1) and a list 
                of the exemptions described on the label affixed under 
                subparagraph (A).
            ``(4) Effect on other provisions.--Any motor vehicle 
        exempted under this subsection shall also be exempted from 
        sections 32304, 32502, and 32902 of this title and from section 
        3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).
            ``(5) Limitation and public notice.--The Secretary shall 
        have 90 days to review and approve or deny a registration 
        submitted under paragraph (2). If the Secretary determines that 
        any such registration submitted is incomplete, the Secretary 
        shall have an additional 30 days for review. Any registration 
        not approved or denied within 90 days after initial submission, 
        or 120 days if the registration submitted is incomplete, shall 
        be deemed approved. The Secretary shall have the authority to 
        revoke an existing registration based on a failure to comply 
        with requirements set forth in this subsection or a finding by 
        the Secretary of a safety-related defect or unlawful conduct 
        under this chapter that poses a significant safety risk. The 
        registrant shall be provided a reasonable opportunity to correct 
        all deficiencies, if such are correctable based on the sole 
        discretion of the Secretary. An exemption granted by the 
        Secretary to a low-volume manufacturer under this subsection may 
        not be transferred to any other person, and shall expire at the 
        end of the calendar year for which it was granted with respect 
        to any volume authorized by the exemption that was not applied 
        by the low-volume manufacturer to vehicles built during that 
        calendar year. The Secretary shall maintain an up-to-date list 
        of registrants and a list of the make and model of motor 
        vehicles exempted under paragraph (1) on at least an annual 
        basis and publish such list in the Federal Register or on a 
        website operated by the Secretary.
            ``(6) Limitation of liability for original manufacturers, 
        licensors or owners of product configuration, trade dress, or 
        design patents.--The original manufacturer, its successor or 
        assignee, or current owner, who grants a license

[[Page 129 STAT. 1723]]

        or otherwise transfers rights to a low-volume manufacturer shall 
        incur no liability to any person or entity under Federal or 
        State statute, regulation, local ordinance, or under any Federal 
        or State common law for such license or assignment to a low-
        volume manufacturer.
            ``(7) Definitions.--In this subsection:
                    ``(A) Low-volume manufacturer.--The term `low-volume 
                manufacturer' means a motor vehicle manufacturer, other 
                than a person who is registered as an importer under 
                section 30141 of this title, whose annual worldwide 
                production, including by a parent or subsidiary of the 
                manufacturer, if applicable, is not more than 5,000 
                motor vehicles.
                    ``(B) Replica motor vehicle.--The term `replica 
                motor vehicle' means a motor vehicle produced by a low-
                volume manufacturer and that--
                          ``(i) is intended to resemble the body of 
                      another motor vehicle that was manufactured not 
                      less than 25 years before the manufacture of the 
                      replica motor vehicle; and
                          ``(ii) is manufactured under a license for the 
                      product configuration, trade dress, trademark, or 
                      patent, for the motor vehicle that is intended to 
                      be replicated from the original manufacturer, its 
                      successors or assignees, or current owner of such 
                      product configuration, trade dress, trademark, or 
                      patent rights.
            ``(8) Construction.--Except as provided in paragraphs (1) 
        and (4), a registrant shall be considered a motor vehicle 
        manufacturer for purposes of parts A and C of subtitle VI of 
        this title. Nothing shall be construed to exempt a registrant 
        from complying with the requirements under sections 30116 
        through 30120A of this title if the motor vehicle excepted under 
        paragraph (1) contains a defect related to motor vehicle safety.
            ``(9) State registration.--Nothing in this subsection shall 
        be construed to preempt, affect, or supersede any State titling 
        or registration law or regulation for a replica motor vehicle, 
        or exempt a person from complying with such law or 
        regulation.''.

    (b) Vehicle Emission Compliance Standards for Low-volume Motor 
Vehicle Manufacturers.--Section 206(a) of the Clean Air Act (42 U.S.C. 
7525(a)) is amended by adding at the end the following new paragraph:
            ``(5)(A) A motor vehicle engine (including all engine 
        emission controls) may be installed in an exempted specially 
        produced motor vehicle if the motor vehicle engine is from a 
        motor vehicle that is covered by a certificate of conformity 
        issued by the Administrator for the model year in which the 
        exempted specially produced motor vehicle is produced, or the 
        motor vehicle engine is covered by an Executive order subject to 
        regulations promulgated by the California Air Resources Board 
        for the model year in which the exempted specially produced 
        motor vehicle is produced, and--
                          ``(i) the manufacturer of the engine supplies 
                      written instructions to the Administrator and the 
                      manufacturer of the exempted specially produced 
                      motor vehicle explaining how to install the engine 
                      and maintain functionality of the engine's 
                      emission control system

[[Page 129 STAT. 1724]]

                      and the on-board diagnostic system (commonly known 
                      as `OBD'), except with respect to evaporative 
                      emissions;
                          ``(ii) the manufacturer of the exempted 
                      specially produced motor vehicle installs the 
                      engine in accordance with such instructions and 
                      certifies such installation in accordance with 
                      subparagraph (E);
                          ``(iii) the installation instructions include 
                      emission control warranty information from the 
                      engine manufacturer in compliance with section 
                      207, including where warranty repairs can be made, 
                      emission control labels to be affixed to the 
                      vehicle, and the certificate of conformity number 
                      for the applicable vehicle in which the engine was 
                      originally intended or the applicable Executive 
                      order number for the engine; and
                          ``(iv) the manufacturer of the exempted 
                      specially produced motor vehicle does not produce 
                      more than 325 such vehicles in the calendar year 
                      in which the vehicle is produced.
                    ``(B) A motor vehicle containing an engine compliant 
                with the requirements of subparagraph (A) shall be 
                treated as meeting the requirements of section 202 
                applicable to new vehicles produced or imported in the 
                model year in which the exempted specially produced 
                motor vehicle is produced or imported.
                    ``(C) Engine installations that are not performed in 
                accordance with installation instructions provided by 
                the manufacturer and alterations to the engine not in 
                accordance with the installation instructions shall--
                          ``(i) be treated as prohibited acts by the 
                      installer under section 203 and any applicable 
                      regulations; and
                          ``(ii) subject to civil penalties under 
                      section 205(a), civil actions under section 
                      205(b), and administrative assessment of penalties 
                      under section 205(c).
                    ``(D) The manufacturer of an exempted specially 
                produced motor vehicle that has an engine compliant with 
                the requirements of subparagraph (A) shall provide to 
                the purchaser of such vehicle all information received 
                by the manufacturer from the engine manufacturer, 
                including information regarding emissions warranties 
                from the engine manufacturer and all emissions-related 
                recalls by the engine manufacturer.
                    ``(E) To qualify to install an engine under this 
                paragraph, and sell, offer for sale, introduce into 
                commerce, deliver for introduction into commerce or 
                import an exempted specially produced motor vehicle, a 
                manufacturer of exempted specially produced motor 
                vehicles shall register with the Administrator at such 
                time and in such manner as the Administrator determines 
                appropriate. The manufacturer shall submit an annual 
                report to the Administrator that includes--
                          ``(i) a description of the exempted specially 
                      produced motor vehicles and engines installed in 
                      such vehicles;
                          ``(ii) the certificate of conformity number 
                      issued to the motor vehicle in which the engine 
                      was originally intended or the applicable 
                      Executive order number for the engine; and

[[Page 129 STAT. 1725]]

                          ``(iii) a certification that it produced all 
                      exempted specially produced motor vehicles 
                      according to the written instructions from the 
                      engine manufacturer, and otherwise that the engine 
                      conforms in all material respects to the 
                      description in the application for the applicable 
                      certificate of conformity or Executive order.
                    ``(F) Exempted specially produced motor vehicles 
                compliant with this paragraph shall be exempted from--
                          ``(i) motor vehicle certification testing 
                      under this section; and
                          ``(ii) vehicle emission control inspection and 
                      maintenance programs required under section 110.
                    ``(G)(i) Except as provided in subparagraphs (A) 
                through (F), a person engaged in the manufacturing or 
                assembling of exempted specially produced motor vehicles 
                shall be considered a manufacturer for purposes of this 
                Act.
                    ``(ii) Nothing in this paragraph shall be construed 
                to exempt any person from the prohibitions in section 
                203(a)(3) or the requirements in sections 208, 206(c), 
                or 202(m)(5).
                    ``(H) In this paragraph:
                          ``(i) The term `exempted specially produced 
                      motor vehicle' means a light-duty vehicle or 
                      light-duty truck produced by a low-volume 
                      manufacturer and that--
                                    ``(I) is intended to resemble the 
                                body of another motor vehicle that was 
                                manufactured not less than 25 years 
                                before the manufacture of the exempted 
                                specially produced motor vehicle; and
                                    ``(II) is manufactured under a 
                                license for the product configuration, 
                                trade dress, trademark, or patent, for 
                                the motor vehicle that is intended to be 
                                replicated from the original 
                                manufacturer, its successors or 
                                assignees, or current owner of such 
                                product configuration, trade dress, 
                                trademark, or patent rights.
                          ``(ii) The term `low-volume manufacturer' 
                      means a motor vehicle manufacturer, other than a 
                      person who is registered as an importer under 
                      section 30141 of title 49, United States Code, 
                      whose annual worldwide production, including by a 
                      parent or subsidiary of the manufacturer, if 
                      applicable, is not more than 5,000 motor 
                      vehicles.''.

    (c) <<NOTE: 42 USC 7525 note.>> Implementation.--Not later than 12 
months after the date of enactment of this Act, the Secretary of 
Transportation and the Administrator of the Environmental Protection 
Agency shall issue such regulations as may be necessary to implement the 
amendments made by subsections (a) and (b), respectively.
SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.

    Section 30111 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Motor Vehicle Safety Guidelines.--
            ``(1) In general.--No guidelines issued by the Secretary 
        with respect to motor vehicle safety shall confer any rights on 
        any person, State, or locality, nor shall operate to bind the 
        Secretary or any person to the approach recommended

[[Page 129 STAT. 1726]]

        in such guidelines. In any enforcement action with respect to 
        motor vehicle safety, the Secretary shall allege a violation of 
        a provision of this subtitle, a motor vehicle safety standard 
        issued under this subtitle, or another relevant statute or 
        regulation. The Secretary may not base an enforcement action on, 
        or execute a consent order based on, practices that are alleged 
        to be inconsistent with any such guidelines, unless the 
        practices allegedly violate a provision of this subtitle, a 
        motor vehicle safety standard issued under this subtitle, or 
        another relevant statute or regulation.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to confer any authority upon or negate any 
        authority of the Secretary to issue guidelines under this 
        chapter.''.
SEC. 24407. <<NOTE: 49 USC 30127 note.>> IMPROVEMENT OF DATA 
                            COLLECTION ON CHILD OCCUPANTS IN 
                            VEHICLE CRASHES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall revise the crash investigation data 
collection system of the National Highway Traffic Safety Administration 
to include the collection of the following data in connection with 
vehicle crashes whenever a child restraint system was in use in a 
vehicle involved in a crash:
            (1) The type or types of child restraint systems in use 
        during the crash in any vehicle involved in the crash, including 
        whether a five-point harness or belt-positioning booster.
            (2) If a five-point harness child restraint system was in 
        use during the crash, whether the child restraint system was 
        forward-facing or rear-facing in the vehicle concerned.

    (b) Consultation.--In implementing subsection (a), the Secretary 
shall work with law enforcement officials, safety advocates, the medical 
community, and research organizations to improve the recordation of data 
described in subsection (a) in police and other applicable incident 
reports.
    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report on child occupant 
crash data collection in the crash investigation data collection system 
of the National Highway Traffic Safety Administration pursuant to the 
revision required by subsection (a).

                           DIVISION C--FINANCE

            TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

 Subtitle A--Extension of Trust Fund Expenditure Authority and Related 
                                  Taxes

SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.

    (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 9503.>> is amended--

[[Page 129 STAT. 1727]]

            (1) by striking ``December 5, 2015'' in subsections 
        (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2020'', 
        and
            (2) by striking ``Surface Transportation Extension Act of 
        2015, Part II'' in subsections (c)(1) and (e)(3) and inserting 
        ``FAST Act''.

    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
such Code <<NOTE: 26 USC 9504.>>  is amended--
            (1) by striking ``Surface Transportation Extension Act of 
        2015, Part II'' each place it appears in subsection (b)(2) and 
        inserting ``FAST Act'', and
            (2) by striking ``December 5, 2015'' in subsection (d)(2) 
        and inserting ``October 1, 2020''.

    (c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2) 
of such Code <<NOTE: 26 USC 9508.>>  is amended by striking ``December 
5, 2015'' and inserting ``October 1, 2020''.
SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal Revenue 
        Code of 1986 is amended by striking ``September 30, 2016'' and 
        inserting ``September 30, 2022'':
                    (A) <<NOTE: 26 USC 4041.>> Section 
                4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) <<NOTE: 26 USC 4081.>> Section 4081(d)(1).
            (2) Each of the following provisions of such Code is amended 
        by striking ``October 1, 2016'' and inserting ``October 1, 
        2022'':
                    (A) Section 4041(m)(1)(A).
                    (B) <<NOTE: 26 USC 4051.>> Section 4051(c).
                    (C) <<NOTE: 26 USC 4071.>> Section 4071(d).
                    (D) Section 4081(d)(3).

    (b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2017'' each place it appears and inserting 
``2023'':
            (1) <<NOTE: 26 USC 4481.>> Section 4481(f).
            (2) <<NOTE: 26 USC 4482.>> Subsections (c)(4) and (d) of 
        section 4482.

    (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 6412.>> is amended--
            (1) by striking ``October 1, 2016'' each place it appears 
        and inserting ``October 1, 2022'';
            (2) by striking ``March 31, 2017'' each place it appears and 
        inserting ``March 31, 2023''; and
            (3) by striking ``January 1, 2017'' and inserting ``January 
        1, 2023''.

    (d) Extension of Certain Exemptions.--
            (1) <<NOTE: 26 USC 4221.>> Section 4221(a) of the Internal 
        Revenue Code of 1986 is amended by striking ``October 1, 2016'' 
        and inserting ``October 1, 2022''.
            (2) Section 4483(i) of such Code <<NOTE: 26 USC 4483.>>  is 
        amended by striking ``October 1, 2017'' and inserting ``October 
        1, 2023''.

    (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of the Internal Revenue Code 
        of 1986 <<NOTE: 26 USC 9503.>> is amended--
                    (A) in subsection (b)--
                          (i) by striking ``October 1, 2016'' each place 
                      it appears in paragraphs (1) and (2) and inserting 
                      ``October 1, 2022'';

[[Page 129 STAT. 1728]]

                          (ii) by striking ``October 1, 2016'' in the 
                      heading of paragraph (2) and inserting ``October 
                      1, 2022'';
                          (iii) by striking ``September 30, 2016'' in 
                      paragraph (2) and inserting ``September 30, 
                      2022''; and
                          (iv) by striking ``July 1, 2017'' in paragraph 
                      (2) and inserting ``July 1, 2023''; and
                    (B) in subsection (c)(2), by striking ``July 1, 
                2017'' and inserting ``July 1, 2023''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) of such Code <<NOTE: 26 USC 9503.>> are 
                each amended by striking ``October 1, 2016'' and 
                inserting ``October 1, 2022''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 200310 of title 54, United 
                States Code, <<NOTE: 54 USC 200310.>> is amended--
                          (i) by striking ``October 1, 2017'' each place 
                      it appears and inserting ``October 1, 2023''; and
                          (ii) by striking ``October 1, 2016'' and 
                      inserting ``October 1, 2022''.

    (f) <<NOTE: 26 USC 4041 note.>> Effective Date.--The amendments made 
by this section shall take effect on October 1, 2016.

         Subtitle B--Additional Transfers to Highway Trust Fund

SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.

    Subsection (f) of section 9503 of the Internal Revenue Code of 1986 
is amended by redesignating paragraph (8) as paragraph (10) and 
inserting after paragraph (7) the following new paragraphs:
            ``(8) Further transfers to trust fund.--Out of money in the 
        Treasury not otherwise appropriated, there is hereby 
        appropriated--
                    ``(A) $51,900,000,000 to the Highway Account (as 
                defined in subsection (e)(5)(B)) in the Highway Trust 
                Fund; and
                    ``(B) $18,100,000,000 to the Mass Transit Account in 
                the Highway Trust Fund.
            ``(9) Additional increase in fund balance.--There is hereby 
        transferred to the Highway Account (as defined in subsection 
        (e)(5)(B)) in the Highway Trust Fund amounts appropriated from 
        the Leaking Underground Storage Tank Trust Fund under section 
        9508(c)(4).''.
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR 
                            VEHICLE SAFETY PENALTIES.

    (a) In General.--Paragraph (5) of section 9503(b) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``There are hereby'' and inserting the 
        following:
                    ``(A) In general.--There are hereby'', and
            (2) by adding at the end the following new paragraph:
                    ``(B) Penalties related to motor vehicle safety.--
                          ``(i) In general.--There are hereby 
                      appropriated to the Highway Trust Fund amounts 
                      equivalent to covered motor vehicle safety penalty 
                      collections.

[[Page 129 STAT. 1729]]

                          ``(ii) Covered motor vehicle safety penalty 
                      collections.--For purposes of this subparagraph, 
                      the term `covered motor vehicle safety penalty 
                      collections' means any amount collected in 
                      connection with a civil penalty under section 
                      30165 of title 49, United States Code, reduced by 
                      any award authorized by the Secretary of 
                      Transportation to be paid to any person in 
                      connection with information provided by such 
                      person related to a violation of chapter 301 of 
                      such title which is a predicate to such civil 
                      penalty.''.

    (b) <<NOTE: 26 USC 9503 note.>> Effective Date.--The amendments made 
by this section shall apply to amounts collected after the date of the 
enactment of this Act.
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK 
                            TRUST FUND.

    (a) In General.--Subsection (c) of section 9508 of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 9508.>> is amended by adding at the 
end the following new paragraph:
            ``(4) Additional transfer to highway trust fund.--Out of 
        amounts in the Leaking Underground Storage Tank Trust Fund there 
        is hereby appropriated--
                    ``(A) on the date of the enactment of the FAST Act, 
                $100,000,000,
                    ``(B) on October 1, 2016, $100,000,000, and
                    ``(C) on October 1, 2017, $100,000,000,
        to be transferred under section 9503(f)(9) to the Highway 
        Account (as defined in section 9503(e)(5)(B)) in the Highway 
        Trust Fund.''.

    (b) Conforming Amendment.--Section 9508(c)(1) of the Internal 
Revenue Code of 1986 is amended by striking ``paragraphs (2) and (3)'' 
and inserting ``paragraphs (2), (3), and (4)''.

                          TITLE XXXII--OFFSETS

                       Subtitle A--Tax Provisions

SEC. 32101. <<NOTE: 22 USC 2714a.>> REVOCATION OR DENIAL OF 
                            PASSPORT IN CASE OF CERTAIN UNPAID 
                            TAXES.

    (a) In General.--Subchapter D of chapter 75 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7345. <<NOTE: 26 USC 7345 note.>> REVOCATION OR DENIAL OF 
                          PASSPORT IN CASE OF CERTAIN TAX 
                          DELINQUENCIES.

    ``(a) In General.--If the Secretary receives certification by the 
Commissioner of Internal Revenue that an individual has a seriously 
delinquent tax debt, the Secretary shall transmit such certification to 
the Secretary of State for action with respect to denial, revocation, or 
limitation of a passport pursuant to section 32101 of the FAST Act.
    ``(b) Seriously Delinquent Tax Debt.--
            ``(1) In general.--For purposes of this section, the term 
        `seriously delinquent tax debt' means an unpaid, legally 
        enforceable Federal tax liability of an individual--
                    ``(A) which has been assessed,

[[Page 129 STAT. 1730]]

                    ``(B) which is greater than $50,000, and
                    ``(C) with respect to which--
                          ``(i) a notice of lien has been filed pursuant 
                      to section 6323 and the administrative rights 
                      under section 6320 with respect to such filing 
                      have been exhausted or have lapsed, or
                          ``(ii) a levy is made pursuant to section 
                      6331.
            ``(2) Exceptions.--Such term shall not include--
                    ``(A) a debt that is being paid in a timely manner 
                pursuant to an agreement to which the individual is 
                party under section 6159 or 7122, and
                    ``(B) a debt with respect to which collection is 
                suspended with respect to the individual--
                          ``(i) because a due process hearing under 
                      section 6330 is requested or pending, or
                          ``(ii) because an election under subsection 
                      (b) or (c) of section 6015 is made or relief under 
                      subsection (f) of such section is requested.

    ``(c) Reversal of Certification.--
            ``(1) In general.--In the case of an individual with respect 
        to whom the Commissioner makes a certification under subsection 
        (a), the Commissioner shall notify the Secretary (and the 
        Secretary shall subsequently notify the Secretary of State) if 
        such certification is found to be erroneous or if the debt with 
        respect to such certification is fully satisfied or ceases to be 
        a seriously delinquent tax debt by reason of subsection (b)(2).
            ``(2) Timing of notice.--
                    ``(A) Full satisfaction of debt.--In the case of a 
                debt that has been fully satisfied or has become legally 
                unenforceable, such notification shall be made not later 
                than the date required for issuing the certificate of 
                release of lien with respect to such debt under section 
                6325(a).
                    ``(B) Innocent spouse relief.--In the case of an 
                individual who makes an election under subsection (b) or 
                (c) of section 6015, or requests relief under subsection 
                (f) of such section, such notification shall be made not 
                later than 30 days after any such election or request.
                    ``(C) Installment agreement or offer-in-
                compromise.--In the case of an installment agreement 
                under section 6159 or an offer-in-compromise under 
                section 7122, such notification shall be made not later 
                than 30 days after such agreement is entered into or 
                such offer is accepted by the Secretary.
                    ``(D) Erroneous certification.--In the case of a 
                certification found to be erroneous, such notification 
                shall be made as soon as practicable after such finding.

    ``(d) Contemporaneous Notice to Individual.--The Commissioner shall 
contemporaneously notify an individual of any certification under 
subsection (a), or any reversal of certification under subsection (c), 
with respect to such individual. Such notice shall include a description 
in simple and nontechnical terms of the right to bring a civil action 
under subsection (e).
    ``(e) Judicial Review of Certification.--
            ``(1) In general.--After the Commissioner notifies an 
        individual under subsection (d), the taxpayer may bring a civil 
        action against the United States in a district court of the

[[Page 129 STAT. 1731]]

        United States or the Tax Court to determine whether the 
        certification was erroneous or whether the Commissioner has 
        failed to reverse the certification.
            ``(2) Determination.--If the court determines that such 
        certification was erroneous, then the court may order the 
        Secretary to notify the Secretary of State that such 
        certification was erroneous.

    ``(f) Adjustment for Inflation.--In the case of a calendar year 
beginning after 2016, the dollar amount in subsection (a) shall be 
increased by an amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under section 
        1(f)(3) for the calendar year, determined by substituting 
        `calendar year 2015' for `calendar year 1992' in subparagraph 
        (B) thereof.

If any amount as adjusted under the preceding sentence is not a multiple 
of $1,000, such amount shall be rounded to the nearest multiple of 
$1,000.
    ``(g) Delegation of Certification.--A certification under subsection 
(a) or reversal of certification under subsection (c) may only be 
delegated by the Commissioner of Internal Revenue to the Deputy 
Commissioner for Services and Enforcement, or the Commissioner of an 
operating division, of the Internal Revenue Service.''.
    (b) Information Included in Notice of Lien and Levy.--
            (1) Notice of lien.--Section 6320(a)(3) of such 
        Code <<NOTE: 26 USC 6320.>> is amended by striking ``and'' at 
        the end of subparagraph (C), by striking the period at the end 
        of subparagraph (D) and inserting ``; and'', and by adding at 
        the end the following new subparagraph:
                    ``(E) the provisions of section 7345 relating to the 
                certification of seriously delinquent tax debts and the 
                denial, revocation, or limitation of passports of 
                individuals with such debts pursuant to section 32101 of 
                the FAST Act.''.
            (2) Notice of levy.--Section 6331(d)(4) of such Code is 
        amended by striking ``and'' at the end of subparagraph (E), by 
        striking the period at the end of subparagraph (F) and inserting 
        ``, and'', and by adding at the end the following new 
        subparagraph:
                    ``(G) the provisions of section 7345 relating to the 
                certification of seriously delinquent tax debts and the 
                denial, revocation, or limitation of passports of 
                individuals with such debts pursuant to section 32101 of 
                the FAST Act.''.

    (c) Authority for Information Sharing.--
            (1) In general.--Section 6103(k) of such Code <<NOTE: 26 USC 
        6103.>> is amended by adding at the end the following new 
        paragraph:
            ``(11) Disclosure of return information to department of 
        state for purposes of passport revocation under section 7345.--
                    ``(A) In general.--The Secretary shall, upon 
                receiving a certification described in section 7345, 
                disclose to the Secretary of State return information 
                with respect to a taxpayer who has a seriously 
                delinquent tax debt described in such section. Such 
                return information shall be limited to--
                          ``(i) the taxpayer identity information with 
                      respect to such taxpayer, and

[[Page 129 STAT. 1732]]

                          ``(ii) the amount of such seriously delinquent 
                      tax debt.
                    ``(B) Restriction on disclosure.--Return information 
                disclosed under subparagraph (A) may be used by officers 
                and employees of the Department of State for the 
                purposes of, and to the extent necessary in, carrying 
                out the requirements of section 32101 of the FAST 
                Act.''.
            (2) Conforming amendment.--Paragraph (4) of section 6103(p) 
        of such Code <<NOTE: 26 USC 6103.>> is amended by striking ``or 
        (10)'' each place it appears in subparagraph (F)(ii) and in the 
        matter preceding subparagraph (A) and inserting ``, (10), or 
        (11)''

    (d) Time for Certification of Seriously Delinquent Tax Debt 
Postponed by Reason of Service in Combat Zone.--Section 7508(a) of such 
Code <<NOTE: 26 USC 7508.>> is amended by striking the period at the end 
of paragraph (2) and inserting ``; and'' and by adding at the end the 
following new paragraph:
            ``(3) Any certification of a seriously delinquent tax debt 
        under section 7345.''.

    (e) Authority to Deny or Revoke Passport.--
            (1) Denial.--
                    (A) In general.--Except as provided under 
                subparagraph (B), upon receiving a certification 
                described in section 7345 of the Internal Revenue Code 
                of 1986 from the Secretary of the Treasury, the 
                Secretary of State shall not issue a passport to any 
                individual who has a seriously delinquent tax debt 
                described in such section.
                    (B) Emergency and humanitarian situations.--
                Notwithstanding subparagraph (A), the Secretary of State 
                may issue a passport, in emergency circumstances or for 
                humanitarian reasons, to an individual described in such 
                subparagraph.
            (2) Revocation.--
                    (A) In general.--The Secretary of State may revoke a 
                passport previously issued to any individual described 
                in paragraph (1)(A).
                    (B) Limitation for return to united states.--If the 
                Secretary of State decides to revoke a passport under 
                subparagraph (A), the Secretary of State, before 
                revocation, may--
                          (i) limit a previously issued passport only 
                      for return travel to the United States; or
                          (ii) issue a limited passport that only 
                      permits return travel to the United States.
            (3) Hold harmless.--The Secretary of the Treasury, the 
        Secretary of State, and any of their designees shall not be 
        liable to an individual for any action with respect to a 
        certification by the Commissioner of Internal Revenue under 
        section 7345 of the Internal Revenue Code of 1986.

    (f) Revocation or Denial of Passport in Case of Individual Without 
Social Security Account Number.--
            (1) Denial.--
                    (A) In general.--Except as provided under 
                subparagraph (B), upon receiving an application for a 
                passport from an individual that either--
                          (i) does not include the social security 
                      account number issued to that individual, or

[[Page 129 STAT. 1733]]

                          (ii) includes an incorrect or invalid social 
                      security number willfully, intentionally, 
                      negligently, or recklessly provided by such 
                      individual,
                the Secretary of State is authorized to deny such 
                application and is authorized to not issue a passport to 
                the individual.
                    (B) Emergency and humanitarian situations.--
                Notwithstanding subparagraph (A), the Secretary of State 
                may issue a passport, in emergency circumstances or for 
                humanitarian reasons, to an individual described in 
                subparagraph (A).
            (2) Revocation.--
                    (A) In general.--The Secretary of State may revoke a 
                passport previously issued to any individual described 
                in paragraph (1)(A).
                    (B) Limitation for return to united states.--If the 
                Secretary of State decides to revoke a passport under 
                subparagraph (A), the Secretary of State, before 
                revocation, may--
                          (i) limit a previously issued passport only 
                      for return travel to the United States; or
                          (ii) issue a limited passport that only 
                      permits return travel to the United States.

    (g) Removal of Certification From Record When Debt Ceases to Be 
Seriously Delinquent.--If pursuant to subsection (c) or (e) of section 
7345 of the Internal Revenue Code of 1986 the Secretary of State 
receives from the Secretary of the Treasury a notice that an individual 
ceases to have a seriously delinquent tax debt, the Secretary of State 
shall remove from the individual's record the certification with respect 
to such debt.
    (h) Clerical Amendment.--The table of sections for subchapter D of 
chapter 75 of the Internal Revenue Code of 1986 <<NOTE: 26 USC prec. 
7341.>>  is amended by adding at the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax 
           delinquencies.''.

    (i) Effective Date.--The provisions of, and amendments made by, this 
section shall take effect on the date of the enactment of this Act.
SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION 
                            CONTRACTS.

    (a) Requirement To Collect Certain Inactive Tax Receivables Under 
Qualified Tax Collection Contracts.--Section 6306 of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 6306.>>  is amended by redesignating 
subsections (c) through (f) as subsections (d) through (g), 
respectively, and by inserting after subsection (b) the following new 
subsection:

    ``(c) Collection of Inactive Tax Receivables.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall enter into one or more qualified tax 
        collection contracts for the collection of all outstanding 
        inactive tax receivables.
            ``(2) Inactive tax receivables.--For purposes of this 
        section--
                    ``(A) In general.--The term `inactive tax 
                receivable' means any tax receivable if--

[[Page 129 STAT. 1734]]

                          ``(i) at any time after assessment, the 
                      Internal Revenue Service removes such receivable 
                      from the active inventory for lack of resources or 
                      inability to locate the taxpayer,
                          ``(ii) more than \1/3\ of the period of the 
                      applicable statute of limitation has lapsed and 
                      such receivable has not been assigned for 
                      collection to any employee of the Internal Revenue 
                      Service, or
                          ``(iii) in the case of a receivable which has 
                      been assigned for collection, more than 365 days 
                      have passed without interaction with the taxpayer 
                      or a third party for purposes of furthering the 
                      collection of such receivable.
                    ``(B) Tax receivable.--The term `tax receivable' 
                means any outstanding assessment which the Internal 
                Revenue Service includes in potentially collectible 
                inventory.''.

    (b) Certain Tax Receivables Not Eligible for Collection Under 
Qualified Tax Collection Contracts.--Section 6306 of the Internal 
Revenue Code of 1986, as amended by subsection (a), is amended by 
redesignating subsections (d) through (g) as subsections (e) through 
(h), respectively, and by inserting after subsection (c) the following 
new subsection:
    ``(d) Certain Tax Receivables Not Eligible for Collection Under 
Qualified Tax Collections Contracts.--A tax receivable shall not be 
eligible for collection pursuant to a qualified tax collection contract 
if such receivable--
            ``(1) is subject to a pending or active offer-in-compromise 
        or installment agreement,
            ``(2) is classified as an innocent spouse case,
            ``(3) involves a taxpayer identified by the Secretary as 
        being--
                    ``(A) deceased,
                    ``(B) under the age of 18,
                    ``(C) in a designated combat zone, or
                    ``(D) a victim of tax-related identity theft,
            ``(4) is currently under examination, litigation, criminal 
        investigation, or levy, or
            ``(5) is currently subject to a proper exercise of a right 
        of appeal under this title.''.

    (c) Contracting Priority.--Section 6306 of the Internal Revenue Code 
of 1986, <<NOTE: 26 USC 6306.>> as amended by the preceding provisions 
of this section, is amended by redesignating subsection (h) as 
subsection (i) and by inserting after subsection (g) the following new 
subsection:

    ``(h) Contracting Priority.--In contracting for the services of any 
person under this section, the Secretary shall utilize private 
collection contractors and debt collection centers on the schedule 
required under section 3711(g) of title 31, United States Code, 
including the technology and communications infrastructure established 
therein, to the extent such private collection contractors and debt 
collection centers are appropriate to carry out the purposes of this 
section.''.
    (d) Disclosure of Return Information.--Section 6103(k) of the 
Internal Revenue Code of 1986, <<NOTE: 26 USC 6103.>> as amended by 
section 32101, is amended by adding at the end the following new 
paragraph:
            ``(12) Qualified tax collection contractors.--Persons 
        providing services pursuant to a qualified tax collection 
        contract

[[Page 129 STAT. 1735]]

        under section 6306 may, if speaking to a person who has 
        identified himself or herself as having the name of the taxpayer 
        to which a tax receivable (within the meaning of such section) 
        relates, identify themselves as contractors of the Internal 
        Revenue Service and disclose the business name of the 
        contractor, and the nature, subject, and reason for the contact. 
        Disclosures under this paragraph shall be made only in such 
        situations and under such conditions as have been approved by 
        the Secretary.''.

    (e) Taxpayers Affected by Federally Declared Disasters.--Section 
6306 of the Internal Revenue Code of 1986, <<NOTE: 26 USC 6306.>>  as 
amended by the preceding provisions of this section, is amended by 
redesignating subsection (i) as subsection (j) and by inserting after 
subsection (h) the following new subsection:

    ``(i) Taxpayers in Presidentially Declared Disaster Areas.--The 
Secretary may prescribe procedures under which a taxpayer determined to 
be affected by a Federally declared disaster (as defined by section 
165(i)(5)) may request--
            ``(1) relief from immediate collection measures by 
        contractors under this section, and
            ``(2) a return of the inactive tax receivable to the 
        inventory of the Internal Revenue Service to be collected by an 
        employee thereof.''.

    (f) Report to Congress.--
            (1) In general.--Section 6306 of the Internal Revenue Code 
        of 1986, as amended by the preceding provisions of this section, 
        is amended by redesignating subsection (j) as subsection (k) and 
        by inserting after subsection (i) the following new subsection:

    ``(j) Report to Congress.--Not later than 90 days after the last day 
of each fiscal year (beginning with the first such fiscal year ending 
after the date of the enactment of this subsection), the Secretary shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a report with 
respect to qualified tax collection contracts under this section which 
shall include--
            ``(1) annually, with respect to such fiscal year--
                    ``(A) the total number and amount of tax receivables 
                provided to each contractor for collection under this 
                section,
                    ``(B) the total amounts collected (and amounts of 
                installment agreements entered into under subsection 
                (b)(1)(B)) with respect to each contractor and the 
                collection costs incurred (directly and indirectly) by 
                the Internal Revenue Service with respect to such 
                amounts,
                    ``(C) the impact of such contracts on the total 
                number and amount of unpaid assessments, and on the 
                number and amount of assessments collected by Internal 
                Revenue Service personnel after initial contact by a 
                contractor,
                    ``(D) the amount of fees retained by the Secretary 
                under subsection (e) and a description of the use of 
                such funds, and
                    ``(E) a disclosure safeguard report in a form 
                similar to that required under section 6103(p)(5), and
            ``(2) biannually (beginning with the second report submitted 
        under this subsection)--
                    ``(A) an independent evaluation of contractor 
                performance, and

[[Page 129 STAT. 1736]]

                    ``(B) a measurement plan that includes a comparison 
                of the best practices used by the private collectors to 
                the collection techniques used by the Internal Revenue 
                Service and mechanisms to identify and capture 
                information on successful collection techniques used by 
                the contractors that could be adopted by the Internal 
                Revenue Service.''.
            (2) Repeal of existing reporting requirements with respect 
        to qualified tax collection contracts.--Section 881 of the 
        American Jobs Creation Act of 2004 <<NOTE: 26 USC 6306 
        note.>> is amended by striking subsection (e).

    (g) Effective Dates.--
            (1) <<NOTE: 26 USC 6306 note.>> In general.--The amendments 
        made by subsections (a) and (b) shall apply to tax receivables 
        identified by the Secretary after the date of the enactment of 
        this Act.
            (2) <<NOTE: 26 USC 6306 note.>> Contracting priority.--The 
        Secretary shall begin entering into contracts and agreements as 
        described in the amendment made by subsection (c) within 3 
        months after the date of the enactment of this Act.
            (3) <<NOTE: 26 USC 6103 note.>> Disclosures.--The amendment 
        made by subsection (d) shall apply to disclosures made after the 
        date of the enactment of this Act.
            (4) <<NOTE: 26 USC 6306 note.>> Procedures; report to 
        congress.--The amendments made by subsections (e) and (f) shall 
        take effect on the date of the enactment of this Act.
SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.

    (a) In General.--Subsection (e) of section 6306 of the Internal 
Revenue Code of 1986, <<NOTE: 26 USC 6306.>> as redesignated by section 
52106, is amended by striking ``for collection enforcement activities of 
the Internal Revenue Service'' in paragraph (2) and inserting ``to fund 
the special compliance personnel program account under section 6307''.

    (b) Special Compliance Personnel Program Account.--Subchapter A of 
chapter 64 of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new section:
``SEC. 6307. <<NOTE: 26 USC 6307.>> SPECIAL COMPLIANCE PERSONNEL 
                          PROGRAM ACCOUNT.

    ``(a) Establishment of a Special Compliance Personnel Program 
Account.--The Secretary shall establish an account within the Department 
for carrying out a program consisting of the hiring, training, and 
employment of special compliance personnel, and shall transfer to such 
account from time to time amounts retained by the Secretary under 
section 6306(e)(2).
    ``(b) Restrictions.--The program described in subsection (a) shall 
be subject to the following restrictions:
            ``(1) No funds shall be transferred to such account except 
        as described in subsection (a).
            ``(2) No other funds from any other source shall be expended 
        for special compliance personnel employed under such program, 
        and no funds from such account shall be expended for the hiring 
        of any personnel other than special compliance personnel.
            ``(3) Notwithstanding any other authority, the Secretary is 
        prohibited from spending funds out of such account for any 
        purpose other than for costs under such program associated with 
        the employment of special compliance personnel and the 
        retraining and reassignment of current noncollections personnel 
        as special compliance personnel, and to reimburse the Internal 
        Revenue Service or other government agencies for the cost

[[Page 129 STAT. 1737]]

        of administering qualified tax collection contracts under 
        section 6306.

    ``(c) Reporting.--Not later than March of each year, the 
Commissioner of Internal Revenue shall submit a report to the Committees 
on Finance and Appropriations of the Senate and the Committees on Ways 
and Means and Appropriations of the House of Representatives consisting 
of the following:
            ``(1) For the preceding fiscal year, all funds received in 
        the account established under subsection (a), administrative and 
        program costs for the program described in such subsection, the 
        number of special compliance personnel hired and employed under 
        the program, and the amount of revenue actually collected by 
        such personnel.
            ``(2) For the current fiscal year, all actual and estimated 
        funds received or to be received in the account, all actual and 
        estimated administrative and program costs, the number of all 
        actual and estimated special compliance personnel hired and 
        employed under the program, and the actual and estimated revenue 
        actually collected or to be collected by such personnel.
            ``(3) For the following fiscal year, an estimate of all 
        funds to be received in the account, all estimated 
        administrative and program costs, the estimated number of 
        special compliance personnel hired and employed under the 
        program, and the estimated revenue to be collected by such 
        personnel.

    ``(d) Definitions.--For purposes of this section--
            ``(1) Special compliance personnel.--The term `special 
        compliance personnel' means individuals employed by the Internal 
        Revenue Service as field function collection officers or in a 
        similar position, or employed to collect taxes using the 
        automated collection system or an equivalent replacement system.
            ``(2) Program costs.--The term `program costs' means--
                    ``(A) total salaries (including locality pay and 
                bonuses), benefits, and employment taxes for special 
                compliance personnel employed or trained under the 
                program described in subsection (a), and
                    ``(B) direct overhead costs, salaries, benefits, and 
                employment taxes relating to support staff, rental 
                payments, office equipment and furniture, travel, data 
                processing services, vehicle costs, utilities, 
                telecommunications, postage, printing and reproduction, 
                supplies and materials, lands and structures, insurance 
                claims, and indemnities for special compliance personnel 
                hired and employed under this section.
        For purposes of subparagraph (B), the cost of management and 
        supervision of special compliance personnel shall be taken into 
        account as direct overhead costs to the extent such costs, when 
        included in total program costs under this paragraph, do not 
        represent more than 10 percent of such total costs.''.

    (c) Clerical Amendment.--The table of sections for subchapter A of 
chapter 64 of the Internal Revenue Code of 1986 <<NOTE: 26 USC prec. 
6301.>>  is amended by inserting after the item relating to section 6306 
the following new item:

``Sec. 6307. Special compliance personnel program account.''.


[[Page 129 STAT. 1738]]



    (d) <<NOTE: 26 USC 6306 note.>> Effective Date.--The amendment made 
by subsection (a) shall apply to amounts collected and retained by the 
Secretary after the date of the enactment of this Act.
SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION OF 
                            RETURN DUE DATE FOR CERTAIN EMPLOYEE 
                            BENEFIT PLANS.

    (a) In General.--Section 2006(b) of the Surface Transportation and 
Veterans Health Care Choice Improvement Act of 2015 <<NOTE: 26 USC 6081 
note.>> is amended by striking paragraph (3).

    (b) <<NOTE: 26 USC 6081 note.>> Effective Date.--The amendment made 
by this section shall apply to returns for taxable years beginning after 
December 31, 2015.

                      Subtitle B--Fees and Receipts

SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUSTOMS 
                            SERVICES.

    (a) In General.--Section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the 
end the following:
    ``(l) Adjustment of Fees for Inflation.--
            ``(1) In general.--The Secretary of the Treasury shall 
        adjust the fees established under subsection (a), and the 
        limitations on such fees under paragraphs (2), (3), (5), (6), 
        (8), and (9) of subsection (b), on April 1, 2016, and at the 
        beginning of each fiscal year thereafter, to reflect the 
        percentage (if any) of the increase in the average of the 
        Consumer Price Index for the preceding 12-month period compared 
        to the Consumer Price Index for fiscal year 2014.
            ``(2) Special rules for calculation of adjustment.--In 
        adjusting under paragraph (1) the amount of the fees established 
        under subsection (a), and the limitations on such fees under 
        paragraphs (2), (3), (5), (6), (8), and (9) of subsection (b), 
        the Secretary--
                    ``(A) shall round the amount of any increase in the 
                Consumer Price Index to the nearest dollar; and
                    ``(B) may ignore any such increase of less than 1 
                percent.
            ``(3) Consumer price index defined.--For purposes of this 
        subsection, the term `Consumer Price Index' means the Consumer 
        Price Index for All Urban Consumers published by the Bureau of 
        Labor Statistics of the Department of Labor.''.

    (b) <<NOTE: 19 USC 58c note.>> Use of Fees.--The fees collected as a 
result of the amendments made by this section shall be deposited in the 
Customs User Fee Account, shall be available for reimbursement of 
customs services and inspections costs, and shall be available only to 
the extent provided in appropriations Acts.

    (c) Conforming Amendments.--Section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), as amended by 
subsections (a) and (b), is further amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by inserting ``(subject to adjustment under subsection 
        (l))'' after ``following fees''; and
            (2) in subsection (b)--

[[Page 129 STAT. 1739]]

                    (A) in paragraph (2), by inserting ``(subject to 
                adjustment under subsection (l))'' after ``in fees'';
                    (B) in paragraph (3), by inserting ``(subject to 
                adjustment under subsection (l))'' after ``in fees'';
                    (C) in paragraph (5)(A), by inserting ``(subject to 
                adjustment under subsection (l))'' after ``in fees'';
                    (D) in paragraph (6), by inserting ``(subject to 
                adjustment under subsection (l))'' after ``in fees'';
                    (E) in paragraph (8)(A)--
                          (i) in clause (i), by inserting ``or (l)'' 
                      after ``subsection (a)(9)(B)''; and
                          (ii) in clause (ii), by inserting ``(subject 
                      to adjustment under subsection (l))'' after 
                      ``$3''; and
                    (F) in paragraph (9)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``and subject to 
                                adjustment under subsection (l)'' after 
                                ``Tariff Act of 1930''; and
                                    (II) in clause (ii)(I), by inserting 
                                ``(subject to adjustment under 
                                subsection (l))'' after ``bill of 
                                lading''; and
                          (ii) in subparagraph (B)(i), by inserting 
                      ``(subject to adjustment under subsection (l))'' 
                      after ``bill of lading''.
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE BANKS.

    Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is 
amended by adding at the end the following:
            ``(3) Limitation on surplus funds.--
                    ``(A) In general.--The aggregate amount of the 
                surplus funds of the Federal reserve banks may not 
                exceed $10,000,000,000.
                    ``(B) Transfer to the general fund.--Any amounts of 
                the surplus funds of the Federal reserve banks that 
                exceed, or would exceed, the limitation under 
                subparagraph (A) shall be transferred to the Board of 
                Governors of the Federal Reserve System for transfer to 
                the Secretary of the Treasury for deposit in the general 
                fund of the Treasury.''.
SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.

    (a) In General.--Section 7(a)(1) of the Federal Reserve Act (12 15 
U.S.C. 289(a)(1)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) Dividend amount.--After all necessary expenses 
                of a Federal reserve bank have been paid or provided 
                for, the stockholders of the bank shall be entitled to 
                receive an annual dividend on paid-in capital stock of--
                          ``(i) in the case of a stockholder with total 
                      consolidated assets of more than $10,000,000,000, 
                      the smaller of--
                                    ``(I) the rate equal to the high 
                                yield of the 10-year Treasury note 
                                auctioned at the last auction held prior 
                                to the payment of such dividend; and
                                    ``(II) 6 percent; and

[[Page 129 STAT. 1740]]

                          ``(ii) in the case of a stockholder with total 
                      consolidated assets of $10,000,000,000 or less, 6 
                      percent.''; and
            (2) by adding at the end the following:
                    ``(C) Inflation adjustment.--The Board of Governors 
                of the Federal Reserve System shall annually adjust the 
                dollar amounts of total consolidated assets specified 
                under subparagraph (A) to reflect the change in the 
                Gross Domestic Product Price Index, published by the 
                Bureau of Economic Analysis.''.

    (b) <<NOTE: 12 USC 289 note.>> Effective Date.--The amendments made 
by subsection (a) shall take effect on January 1, 2016.
SEC. 32204. <<NOTE: 42 USC 6241 note.>> STRATEGIC PETROLEUM 
                            RESERVE DRAWDOWN AND SALE.

    (a) Drawdown and Sale.--
            (1) In general.--Notwithstanding section 161 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6241), except as provided 
        in subsections (b) and (c), the Secretary of Energy shall 
        drawdown and sell from the Strategic Petroleum Reserve--
                    (A) the quantity of barrels of crude oil that the 
                Secretary of Energy determines to be appropriate to 
                maximize the financial return to United States taxpayers 
                for each of fiscal years 2016 and 2017;
                    (B) 16,000,000 barrels of crude oil during fiscal 
                year 2023;
                    (C) 25,000,000 barrels of crude oil during fiscal 
                year 2024; and
                    (D) 25,000,000 barrels of crude oil during fiscal 
                year 2025.
            (2) Deposit of amounts received from sale.--Amounts received 
        from a sale under paragraph (1) shall be deposited in the 
        general fund of the Treasury during the fiscal year in which the 
        sale occurs.

    (b) Emergency Protection.--The Secretary shall not draw down and 
sell crude oil under this section in quantities that would limit the 
authority to sell petroleum products under section 161(h) of the Energy 
Policy and Conservation Act (42 U.S.C. 6241(h)) in the full quantity 
authorized by that subsection.
    (c) Increase; Limitation.--
            (1) Increase.--The Secretary of Energy may increase the 
        drawdown and sales under subparagraphs (A) through (I) of 
        subsection (a)(1) as the Secretary of Energy determines to be 
        appropriate to maximize the financial return to United States 
        taxpayers.
            (2) Limitation.--The Secretary of Energy shall not drawdown 
        or conduct sales of crude oil under this section after the date 
        on which a total of $6,200,000,000 has been deposited in the 
        general fund of the Treasury from sales authorized under this 
        section.
SEC. 32205. <<NOTE: 7 USC 1508 and note.>> REPEAL.

    Effective as of November 2, 2015, the date of the enactment of the 
Bipartisan Budget Act of 2015 (Public Law 114-74), section 201 of such 
Act and the amendments made by such section are repealed, and the 
provisions of law amended by such section are hereby restored to appear 
as if such section had not been enacted into law.

[[Page 129 STAT. 1741]]

                           Subtitle C--Outlays

SEC. 32301. INTEREST ON OVERPAYMENT.

    Section 111 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1721) is amended--
            (1) by striking subsections (h) and (i);
            (2) by redesignating subsections (j) through (l) as 
        subsections (h) through (j), respectively; and
            (3) in subsection (h) (as so redesignated), by striking the 
        fourth sentence.

                      Subtitle D--Budgetary Effects

SEC. 32401. BUDGETARY EFFECTS.

    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.

                        DIVISION D--MISCELLANEOUS

                TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

SEC. 41001. <<NOTE: 42 USC 4370m note.>> DEFINITIONS.

    In this title:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Agency cerpo.--The term ``agency CERPO'' means the chief 
        environmental review and permitting officer of an agency, as 
        designated by the head of the agency under section 
        41002(b)(2)(A)(iii)(I).
            (3) Authorization.--The term ``authorization'' means any 
        license, permit, approval, finding, determination, or other 
        administrative decision issued by an agency that is required or 
        authorized under Federal law in order to site, construct, 
        reconstruct, or commence operations of a covered project 
        administered by a Federal agency or, in the case of a State that 
        chooses to participate in the environmental review and 
        authorization process in accordance with section 41003(c)(3)(A), 
        a State agency.
            (4) Cooperating agency.--The term ``cooperating agency'' 
        means any agency with--
                    (A) jurisdiction under Federal law; or
                    (B) special expertise as described in section 1501.6 
                of title 40, Code of Federal Regulations (as in effect 
                on the date of enactment of this Act).
            (5) Council.--The term ``Council'' means the Federal 
        Infrastructure Permitting Improvement Steering Council 
        established under section 41002(a).
            (6) Covered project.--
                    (A) In general.--The term ``covered project'' means 
                any activity in the United States that requires 
                authorization or environmental review by a Federal 
                agency involving

[[Page 129 STAT. 1742]]

                construction of infrastructure for renewable or 
                conventional energy production, electricity 
                transmission, surface transportation, aviation, ports 
                and waterways, water resource projects, broadband, 
                pipelines, manufacturing, or any other sector as 
                determined by a majority vote of the Council that--
                          (i)(I) is subject to NEPA;
                          (II) is likely to require a total investment 
                      of more than $200,000,000; and
                          (III) does not qualify for abbreviated 
                      authorization or environmental review processes 
                      under any applicable law; or
                          (ii) is subject to NEPA and the size and 
                      complexity of which, in the opinion of the 
                      Council, make the project likely to benefit from 
                      enhanced oversight and coordination, including a 
                      project likely to require--
                                    (I) authorization from or 
                                environmental review involving more than 
                                2 Federal agencies; or
                                    (II) the preparation of an 
                                environmental impact statement under 
                                NEPA.
                    (B) Exclusion.--The term ``covered project'' does 
                not include--
                          (i) any project subject to section 139 of 
                      title 23, United States Code; or
                          (ii) any project subject to section 2045 of 
                      the Water Resources Development Act of 2007 (33 
                      U.S.C. 2348).
            (7) Dashboard.--The term ``Dashboard'' means the Permitting 
        Dashboard required under section 41003(b).
            (8) Environmental assessment.--The term ``environmental 
        assessment'' means a concise public document for which a Federal 
        agency is responsible under section 1508.9 of title 40, Code of 
        Federal Regulations (or successor regulations).
            (9) Environmental document.--
                    (A) In general.--The term ``environmental document'' 
                means an environmental assessment, finding of no 
                significant impact, notice of intent, environmental 
                impact statement, or record of decision.
                    (B) Inclusions.--The term ``environmental document'' 
                includes--
                          (i) any document that is a supplement to a 
                      document described in subparagraph (A); and
                          (ii) a document prepared pursuant to a court 
                      order.
            (10) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed written 
        statement required under section 102(2)(C) of NEPA.
            (11) Environmental review.--The term ``environmental 
        review'' means the agency procedures and processes for applying 
        a categorical exclusion or for preparing an environmental 
        assessment, an environmental impact statement, or other document 
        required under NEPA.
            (12) Executive director.--The term ``Executive Director'' 
        means the Executive Director appointed by the President under 
        section 41002(b)(1)(A).
            (13) Facilitating agency.--The term ``facilitating agency'' 
        means the agency that receives the initial notification from the 
        project sponsor required under section 41003(a).

[[Page 129 STAT. 1743]]

            (14) Inventory.--The term ``inventory'' means the inventory 
        of covered projects established by the Executive Director under 
        section 41002(c)(1)(A).
            (15) Lead agency.--The term ``lead agency'' means the agency 
        with principal responsibility for an environmental review of a 
        covered project under NEPA and parts 1500 through 1508 of title 
        40, Code of Federal Regulations (or successor regulations).
            (16) NEPA.--The term ``NEPA'' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (17) Participating agency.--The term ``participating 
        agency'' means an agency participating in an environmental 
        review or authorization for a covered project in accordance with 
        section 41003.
            (18) Project sponsor.--The term ``project sponsor'' means an 
        entity, including any private, public, or public-private entity, 
        seeking an authorization for a covered project.
SEC. 41002. <<NOTE: 42 USC 437m-1.>> FEDERAL PERMITTING 
                            IMPROVEMENT COUNCIL.

    (a) Establishment.--There is established the Federal Permitting 
Improvement Steering Council.
    (b) Composition.--
            (1) Chair.--The Executive Director shall--
                    (A) be appointed by the President; and
                    (B) serve as Chair of the Council.
            (2) Council members.--
                    (A) In general.--
                          (i) Designation by head of agency.--Each 
                      individual listed in subparagraph (B) shall 
                      designate a member of the agency in which the 
                      individual serves to serve on the Council.
                          (ii) Qualifications.--A councilmem-ber 
                      described in clause (i) shall hold a position in 
                      the agency of deputy secretary (or the equivalent) 
                      or higher.
                          (iii) Support.--
                                    (I) In general.--Consistent with 
                                guidance provided by the Director of the 
                                Office of Management and Budget, each 
                                individual listed in subparagraph (B) 
                                shall designate 1 or more appropriate 
                                members of the agency in which the 
                                individual serves to serve as an agency 
                                CERPO.
                                    (II) Reporting.--In carrying out the 
                                duties of the agency CERPO under this 
                                title, an agency CERPO shall report 
                                directly to a deputy secretary (or the 
                                equivalent) or higher.
                    (B) Heads of agencies.--The individuals that shall 
                each designate a councilmember under this subparagraph 
                are as follows:
                          (i) The Secretary of Agriculture.
                          (ii) The Secretary of the Army.
                          (iii) The Secretary of Commerce.
                          (iv) The Secretary of the Interior.
                          (v) The Secretary of Energy.
                          (vi) The Secretary of Transportation.
                          (vii) The Secretary of Defense.
                          (viii) The Administrator of the Environmental 
                      Protection Agency.

[[Page 129 STAT. 1744]]

                          (ix) The Chairman of the Federal Energy 
                      Regulatory Commission.
                          (x) The Chairman of the Nuclear Regulatory 
                      Commission.
                          (xi) The Secretary of Homeland Security.
                          (xii) The Secretary of Housing and Urban 
                      Development.
                          (xiii) The Chairman of the Advisory Council on 
                      Historic Preservation.
                          (xiv) Any other head of a Federal agency that 
                      the Executive Director may invite to participate 
                      as a member of the Council.
            (3) Additional members.--In addition to the members listed 
        in paragraphs (1) and (2), the Chairman of the Council on 
        Environmental Quality and the Director of the Office of 
        Management and Budget shall also be members of the Council.

    (c) Duties.--
            (1) Executive director.--
                    (A) Inventory development.--The Executive Director, 
                in consultation with the Council, shall--
                          (i) not later than 180 days after the date of 
                      enactment of this Act, establish an inventory of 
                      covered projects that are pending the 
                      environmental review or authorization of the head 
                      of any Federal agency;
                          (ii)(I) categorize the projects in the 
                      inventory as appropriate, based on sector and 
                      project type; and
                          (II) for each category, identify the types of 
                      environmental reviews and authorizations most 
                      commonly involved; and
                          (iii) add a covered project to the inventory 
                      after receiving a notice described in section 
                      41003(a)(1).
                    (B) Facilitating agency designation.--The Executive 
                Director, in consultation with the Council, shall--
                          (i) designate a facilitating agency for each 
                      category of covered projects described in 
                      subparagraph (A)(ii); and
                          (ii) publish the list of designated 
                      facilitating agencies for each category of 
                      projects in the inventory on the Dashboard in an 
                      easily accessible format.
                    (C) Performance schedules.--
                          (i) In general.--Not later than 1 year after 
                      the date of enactment of this Act, the Executive 
                      Director, in consultation with the Council, shall 
                      develop recommended performance schedules, 
                      including intermediate and final completion dates, 
                      for environmental reviews and authorizations most 
                      commonly required for each category of covered 
                      projects described in subparagraph (A)(ii).
                          (ii) Requirements.--
                                    (I) In general.--The performance 
                                schedules shall reflect employment of 
                                the use of the most efficient applicable 
                                processes, including the alignment of 
                                Federal reviews of projects and 
                                reduction of permitting and project 
                                delivery time.
                                    (II) Limit.--
                                            (aa) In general.--The final 
                                        completion dates in any 
                                        performance schedule for the

[[Page 129 STAT. 1745]]

                                        completion of an environmental 
                                        review or authorization under 
                                        clause (i) shall not exceed the 
                                        average time to complete an 
                                        environmental review or 
                                        authorization for a project 
                                        within that category.
                                            (bb) Calculation of average 
                                        time.--The average time referred 
                                        to in item (aa) shall be 
                                        calculated on the basis of data 
                                        from the preceding 2 calendar 
                                        years and shall run from the 
                                        period beginning on the date on 
                                        which the Executive Director 
                                        must make a specific entry for 
                                        the project on the Dashboard 
                                        under section 41003(b)(2) 
                                        (except that, for projects 
                                        initiated before that duty takes 
                                        effect, the period beginning on 
                                        the date of filing of a 
                                        completed application), and 
                                        ending on the date of the 
                                        issuance of a record of decision 
                                        or other final agency action on 
                                        the review or authorization.
                                            (cc) Completion date.--Each 
                                        performance schedule shall 
                                        specify that any decision by an 
                                        agency on an environmental 
                                        review or authorization must be 
                                        issued not later than 180 days 
                                        after the date on which all 
                                        information needed to complete 
                                        the review or authorization 
                                        (including any hearing that an 
                                        agency holds on the matter) is 
                                        in the possession of the agency.
                          (iii) Review and revision.--Not later than 2 
                      years after the date on which the performance 
                      schedules are established under this subparagraph, 
                      and not less frequently than once every 2 years 
                      thereafter, the Executive Director, in 
                      consultation with the Council, shall review and 
                      revise the performance schedules.
                    (D) Guidance.--The Executive Director, in 
                consultation with the Council, may recommend to the 
                Director of the Office of Management and Budget or to 
                the Council on Environmental Quality, as appropriate, 
                that guidance be issued as necessary for agencies--
                          (i) to carry out responsibilities under this 
                      title; and
                          (ii) to effectuate the adoption by agencies of 
                      the best practices and recommendations of the 
                      Council described in paragraph (2).
            (2) Council.--
                    (A) Recommendations.--
                          (i) In general.--The Council shall make 
                      recommendations to the Executive Director with 
                      respect to the designations under paragraph (1)(B) 
                      and the performance schedules under paragraph 
                      (1)(C).
                          (ii) Update.--The Council may update the 
                      recommendations described in clause (i).
                    (B) Best practices.--Not later than 1 year after the 
                date of enactment of this Act, and not less frequently 
                than annually thereafter, the Council shall issue 
                recommendations on the best practices for--

[[Page 129 STAT. 1746]]

                          (i) enhancing early stakeholder engagement, 
                      including fully considering and, as appropriate, 
                      incorporating recommendations provided in public 
                      comments on any proposed covered project;
                          (ii) ensuring timely decisions regarding 
                      environmental reviews and authorizations, 
                      including through the development of performance 
                      metrics;
                          (iii) improving coordination between Federal 
                      and non-Federal governmental entities, including 
                      through the development of common data standards 
                      and terminology across agencies;
                          (iv) increasing transparency;
                          (v) reducing information collection 
                      requirements and other administrative burdens on 
                      agencies, project sponsors, and other interested 
                      parties;
                          (vi) developing and making available to 
                      applicants appropriate geographic information 
                      systems and other tools;
                          (vii) creating and distributing training 
                      materials useful to Federal, State, tribal, and 
                      local permitting officials; and
                          (viii) addressing other aspects of 
                      infrastructure permitting, as determined by the 
                      Council.
                    (C) Meetings.--The Council shall meet not less 
                frequently than annually with groups or individuals 
                representing State, tribal, and local governments that 
                are engaged in the infrastructure permitting process.
            (3) Agency cerpos.--An agency CERPO shall--
                    (A) advise the respective agency councilmember on 
                matters related to environmental reviews and 
                authorizations;
                    (B) provide technical support, when requested to 
                facilitate efficient and timely processes for 
                environmental reviews and authorizations for covered 
                projects under the jurisdictional responsibility of the 
                agency, including supporting timely identification and 
                resolution of potential disputes within the agency or 
                between the agency and other Federal agencies;
                    (C) analyze agency environmental review and 
                authorization processes, policies, and authorities and 
                make recommendations to the respective agency 
                councilmember for ways to standardize, simplify, and 
                improve the efficiency of the processes, policies, and 
                authorities, including by implementing guidance issued 
                under paragraph (1)(D) and other best practices, 
                including the use of information technology and 
                geographic information system tools within the agency 
                and across agencies, to the extent consistent with 
                existing law; and
                    (D) review and develop training programs for agency 
                staff that support and conduct environmental reviews or 
                authorizations.

    (d) Administrative Support.--The Director of the Office of 
Management and Budget shall designate a Federal agency, other than an 
agency that carries out or provides support only for projects that are 
not covered projects, to provide administrative support for the 
Executive Director, and the designated agency shall, as

[[Page 129 STAT. 1747]]

reasonably necessary, provide support and staff to enable the Executive 
Director to fulfill the duties of the Executive Director under this 
title.
SEC. 41003. <<NOTE: 42 USC 4370m-2.>> PERMITTING PROCESS 
                            IMPROVEMENT.

    (a) Project Initiation and Designation of Participating Agencies.--
            (1) Notice.--
                    (A) In general.--A project sponsor of a covered 
                project shall submit to the Executive Director and the 
                facilitating agency notice of the initiation of a 
                proposed covered project.
                    (B) Default designation.--If, at the time of 
                submission of the notice under subparagraph (A), the 
                Executive Director has not designated a facilitating 
                agency under section 41002(c)(1)(B) for the categories 
                of projects noticed, the agency that receives the notice 
                under subparagraph (A) shall be designated as the 
                facilitating agency.
                    (C) Contents.--Each notice described in subparagraph 
                (A) shall include--
                          (i) a statement of the purposes and objectives 
                      of the proposed project;
                          (ii) a concise description, including the 
                      general location of the proposed project and a 
                      summary of geospatial information, if available, 
                      illustrating the project area and the locations, 
                      if any, of environmental, cultural, and historic 
                      resources;
                          (iii) a statement regarding the technical and 
                      financial ability of the project sponsor to 
                      construct the proposed project;
                          (iv) a statement of any Federal financing, 
                      environmental reviews, and authorizations 
                      anticipated to be required to complete the 
                      proposed project; and
                          (v) an assessment that the proposed project 
                      meets the definition of a covered project under 
                      section 41001 and a statement of reasons 
                      supporting the assessment.
            (2) Invitation.--
                    (A) In general.--Not later than 45 days after the 
                date on which the Executive Director must make a 
                specific entry for the project on the Dashboard under 
                subsection (b)(2)(A), the facilitating agency or lead 
                agency, as applicable, shall--
                          (i) identify all Federal and non-Federal 
                      agencies and governmental entities likely to have 
                      financing, environmental review, authorization, or 
                      other responsibilities with respect to the 
                      proposed project; and
                          (ii) invite all Federal agencies identified 
                      under clause (i) to become a participating agency 
                      or a cooperating agency, as appropriate, in the 
                      environmental review and authorization management 
                      process described in section 41005.
                    (B) Deadlines.--Each invitation made under 
                subparagraph (A) shall include a deadline for a response 
                to be submitted to the facilitating or lead agency, as 
                applicable.
            (3) Participating and cooperating agencies.--
                    (A) In general.--An agency invited under paragraph 
                (2) shall be designated as a participating or 
                cooperating agency for a covered project, unless the 
                agency informs

[[Page 129 STAT. 1748]]

                the facilitating or lead agency, as applicable, in 
                writing before the deadline under paragraph (2)(B) that 
                the agency--
                          (i) has no jurisdiction or authority with 
                      respect to the proposed project; or
                          (ii) does not intend to exercise authority 
                      related to, or submit comments on, the proposed 
                      project.
                    (B) Changed circumstances.--On request and a showing 
                of changed circumstances, the Executive Director may 
                designate an agency that has opted out under 
                subparagraph (A)(ii) to be a participating or 
                cooperating agency, as appropriate.
            (4) Effect of designation.--The designation described in 
        paragraph (3) shall not--
                    (A) give the participating agency authority or 
                jurisdiction over the covered project; or
                    (B) expand any jurisdiction or authority a 
                cooperating agency may have over the proposed project.
            (5) Lead agency designation.--
                    (A) In general.--On establishment of the lead 
                agency, the lead agency shall assume the 
                responsibilities of the facilitating agency under this 
                title.
                    (B) Redesignation of facilitating agency.--If the 
                lead agency assumes the responsibilities of the 
                facilitating agency under subparagraph (A), the 
                facilitating agency may be designated as a cooperative 
                or participating agency.
            (6) Change of facilitating or lead agency.--
                    (A) In general.--On the request of a participating 
                agency or project sponsor, the Executive Director may 
                designate a different agency as the facilitating or lead 
                agency, as applicable, for a covered project, if the 
                facilitating or lead agency or the Executive Director 
                receives new information regarding the scope or nature 
                of a covered project that indicates that the project 
                should be placed in a different category under section 
                41002(c)(1)(B).
                    (B) Resolution of dispute.--The Chairman of the 
                Council on Environmental Quality shall resolve any 
                dispute over designation of a facilitating or lead 
                agency for a particular covered project.

    (b) Permitting Dashboard.--
            (1) Requirement to maintain.--
                    (A) In general.--The Executive Director, in 
                coordination with the Administrator of General Services, 
                shall maintain an online database to be known as the 
                ``Permitting Dashboard'' to track the status of Federal 
                environmental reviews and authorizations for any covered 
                project in the inventory described in section 
                41002(c)(1)(A).
                    (B) Specific and searchable entry.--The Dashboard 
                shall include a specific and searchable entry for each 
                covered project.
            (2) Additions.--
                    (A) In general.--
                          (i) Existing projects.--Not later than 14 days 
                      after the date on which the Executive Director 
                      adds a project to the inventory under section 
                      41002(c)(1)(A), the Executive Director shall 
                      create a specific entry on the Dashboard for the 
                      covered project.

[[Page 129 STAT. 1749]]

                          (ii) New projects.--Not later than 14 days 
                      after the date on which the Executive Director 
                      receives a notice under subsection (a)(1), the 
                      Executive Director shall create a specific entry 
                      on the Dashboard for the covered project, unless 
                      the Executive Director, facilitating agency, or 
                      lead agency, as applicable, determines that the 
                      project is not a covered project.
                    (B) Explanation.--If the facilitating agency or lead 
                agency, as applicable, determines that the project is 
                not a covered project, the project sponsor may submit a 
                further explanation as to why the project is a covered 
                project not later than 14 days after the date of the 
                determination under subparagraph (A).
                    (C) Final determination.--Not later than 14 days 
                after receiving an explanation described in subparagraph 
                (B), the Executive Director shall--
                          (i) make a final and conclusive determination 
                      as to whether the project is a covered project; 
                      and
                          (ii) if the Executive Director determines that 
                      the project is a covered project, create a 
                      specific entry on the Dashboard for the covered 
                      project.
            (3) Postings by agencies.--
                    (A) In general.--For each covered project added to 
                the Dashboard under paragraph (2), the facilitating or 
                lead agency, as applicable, and each cooperating and 
                participating agency shall post to the Dashboard--
                          (i) a hyperlink that directs to a website that 
                      contains, to the extent consistent with applicable 
                      law--
                                    (I) the notification submitted under 
                                subsection (a)(1);
                                    (II)(aa) where practicable, the 
                                application and supporting documents, if 
                                applicable, that have been submitted by 
                                a project sponsor for any required 
                                environmental review or authorization; 
                                or
                                    (bb) a notice explaining how the 
                                public may obtain access to such 
                                documents;
                                    (III) a description of any Federal 
                                agency action taken or decision made 
                                that materially affects the status of a 
                                covered project;
                                    (IV) any significant document that 
                                supports the action or decision 
                                described in subclause (III); and
                                    (V) a description of the status of 
                                any litigation to which the agency is a 
                                party that is directly related to the 
                                project, including, if practicable, any 
                                judicial document made available on an 
                                electronic docket maintained by a 
                                Federal, State, or local court; and
                          (ii) any document described in clause (i) that 
                      is not available by hyperlink on another website.
                    (B) Deadline.--The information described in 
                subparagraph (A) shall be posted to the website made 
                available by hyperlink on the Dashboard not later than 5 
                business days after the date on which the Federal agency 
                receives the information.

[[Page 129 STAT. 1750]]

            (4) Postings by the executive director.--The Executive 
        Director shall publish to the Dashboard--
                    (A) the permitting timetable established under 
                subparagraph (A) or (C) of subsection (c)(2);
                    (B) the status of the compliance of each agency with 
                the permitting timetable;
                    (C) any modifications of the permitting timetable;
                    (D) an explanation of each modification described in 
                subparagraph (C); and
                    (E) any memorandum of understanding established 
                under subsection (c)(3)(B).

    (c) Coordination and Timetables.--
            (1) Coordinated project plan.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Executive Director must make a 
                specific entry for the project on the Dashboard under 
                subsection (b)(2)(A), the facilitating or lead agency, 
                as applicable, in consultation with each coordinating 
                and participating agency, shall establish a concise plan 
                for coordinating public and agency participation in, and 
                completion of, any required Federal environmental review 
                and authorization for the project.
                    (B) Required information.--The Coordinated Project 
                Plan shall include the following information and be 
                updated by the facilitating or lead agency, as 
                applicable, at least once per quarter:
                          (i) A list of, and roles and responsibilities 
                      for, all entities with environmental review or 
                      authorization responsibility for the project.
                          (ii) A permitting timetable, as described in 
                      paragraph (2), setting forth a comprehensive 
                      schedule of dates by which all environmental 
                      reviews and authorizations, and to the maximum 
                      extent practicable, State permits, reviews and 
                      approvals must be made.
                          (iii) A discussion of potential avoidance, 
                      minimization, and mitigation strategies, if 
                      required by applicable law and known.
                          (iv) Plans and a schedule for public and 
                      tribal outreach and coordination, to the extent 
                      required by applicable law.
                    (C) Memorandum of understanding.--The coordinated 
                project plan described in subparagraph (A) may be 
                incorporated into a memorandum of understanding.
            (2) Permitting timetable.--
                    (A) Establishment.--As part of the coordination 
                project plan under paragraph (1), the facilitating or 
                lead agency, as applicable, in consultation with each 
                cooperating and participating agency, the project 
                sponsor, and any State in which the project is located, 
                and, subject to subparagraph (C), with the concurrence 
                of each cooperating agency, shall establish a permitting 
                timetable that includes intermediate and final 
                completion dates for action by each participating agency 
                on any Federal environmental review or authorization 
                required for the project.

[[Page 129 STAT. 1751]]

                    (B) Factors for consideration.--In establishing the 
                permitting timetable under subparagraph (A), the 
                facilitating or lead agency shall follow the performance 
                schedules established under section 41002(c)(1)(C), but 
                may vary the timetable based on relevant factors, 
                including--
                          (i) the size and complexity of the covered 
                      project;
                          (ii) the resources available to each 
                      participating agency;
                          (iii) the regional or national economic 
                      significance of the project;
                          (iv) the sensitivity of the natural or 
                      historic resources that may be affected by the 
                      project;
                          (v) the financing plan for the project; and
                          (vi) the extent to which similar projects in 
                      geographic proximity to the project were recently 
                      subject to environmental review or similar 
                      procedures under State law.
                    (C) Dispute resolution.--
                          (i) In general.--The Executive Director, in 
                      consultation with appropriate agency CERPOs and 
                      the project sponsor, shall, as necessary, mediate 
                      any disputes regarding the permitting timetable 
                      referred to under subparagraph (A).
                          (ii) Disputes.--If a dispute remains 
                      unresolved 30 days after the date on which the 
                      dispute was submitted to the Executive Director, 
                      the Director of the Office of Management and 
                      Budget, in consultation with the Chairman of the 
                      Council on Environmental Quality, shall facilitate 
                      a resolution of the dispute and direct the 
                      agencies party to the dispute to resolve the 
                      dispute by the end of the 60-day period beginning 
                      on the date of submission of the dispute to the 
                      Executive Director.
                          (iii) Final resolution.--Any action taken by 
                      the Director of the Office of Management and 
                      Budget in the resolution of a dispute under clause 
                      (ii) shall--
                                    (I) be final and conclusive; and
                                    (II) not be subject to judicial 
                                review.
                    (D) Modification after approval.--
                          (i) In general.--The facilitating or lead 
                      agency, as applicable, may modify a permitting 
                      timetable established under subparagraph (A) only 
                      if--
                                    (I) the facilitating or lead agency, 
                                as applicable, and the affected 
                                cooperating agencies, after consultation 
                                with the participating agencies and the 
                                project sponsor, agree to a different 
                                completion date;
                                    (II) the facilitating agency or lead 
                                agency, as applicable, or the affected 
                                cooperating agency provides a written 
                                justification for the modification; and
                                    (III) in the case of a modification 
                                that would necessitate an extension of a 
                                final completion date under a permitting 
                                timetable established under subparagraph 
                                (A) to a date more than 30 days after 
                                the final completion date originally 
                                established under subparagraph (A), the 
                                facilitating or

[[Page 129 STAT. 1752]]

                                lead agency submits a request to modify 
                                the permitting timetable to the 
                                Executive Director, who shall consult 
                                with the project sponsor and make a 
                                determination on the record, based on 
                                consideration of the relevant factors 
                                described under subparagraph (B), 
                                whether to grant the facilitating or 
                                lead agency, as applicable, authority to 
                                make such modification.
                          (ii) Completion date.--A completion date in 
                      the permitting timetable may not be modified 
                      within 30 days of the completion date.
                          (iii) Limitation on length of modifications.--
                                    (I) In general.--Except as provided 
                                in subclause (II), the total length of 
                                all modifications to a permitting 
                                timetable authorized or made under this 
                                subparagraph, other than for reasons 
                                outside the control of Federal, State, 
                                local, or tribal governments, may not 
                                extend the permitting timetable for a 
                                period of time greater than half of the 
                                amount of time from the establishment of 
                                the permitting timetable under 
                                subparagraph (A) to the last final 
                                completion date originally established 
                                under subparagraph (A).
                                    (II) Additional extensions.--The 
                                Director of the Office of Management and 
                                Budget, after consultation with the 
                                project sponsor, may permit the 
                                Executive Director to authorize 
                                additional extensions of a permitting 
                                timetable beyond the limit prescribed by 
                                subclause (I). In such a case, the 
                                Director of the Office of Management and 
                                Budget shall transmit, not later than 5 
                                days after making a determination to 
                                permit an authorization of extension 
                                under this subclause, a report to 
                                Congress explaining why such 
                                modification is required. Such report 
                                shall explain to Congress with 
                                specificity why the original permitting 
                                timetable and the modifications 
                                authorized by the Executive Director 
                                failed to be adequate. The lead or 
                                facilitating agency, as applicable, 
                                shall transmit to Congress, the Director 
                                of the Office of Management and Budget, 
                                and the Executive Director a 
                                supplemental report on progress toward 
                                the final completion date each year 
                                thereafter, until the permit review is 
                                completed or the project sponsor 
                                withdraws its notice or application or 
                                other request to which this title 
                                applies under section 41010.
                          (iv) Limitation on judicial review.--The 
                      following shall not be subject to judicial review:
                                    (I) A determination by the Executive 
                                Director under clause (i)(III).
                                    (II) A determination under clause 
                                (iii)(II) by the Director of the Office 
                                of Management and Budget to permit the 
                                Executive Director to authorize 
                                extensions of a permitting timetable.
                    (E) Consistency with other time periods.--A 
                permitting timetable established under subparagraph (A) 
                shall be consistent with any other relevant time periods

[[Page 129 STAT. 1753]]

                established under Federal law and shall not prevent any 
                cooperating or participating agency from discharging any 
                obligation under Federal law in connection with the 
                project.
                    (F) Conforming to permitting timetables.--
                          (i) In general.--Each Federal agency shall 
                      conform to the completion dates set forth in the 
                      permitting timetable established under 
                      subparagraph (A), or with any completion date 
                      modified under subparagraph (D).
                          (ii) Failure to conform.--If a Federal agency 
                      fails to conform with a completion date for agency 
                      action on a covered project or is at significant 
                      risk of failing to conform with such a completion 
                      date, the agency shall--
                                    (I) promptly submit to the Executive 
                                Director for publication on the 
                                Dashboard an explanation of the specific 
                                reasons for failing or significantly 
                                risking failing to conform to the 
                                completion date and a proposal for an 
                                alternative completion date;
                                    (II) in consultation with the 
                                facilitating or lead agency, as 
                                applicable, establish an alternative 
                                completion date; and
                                    (III) each month thereafter until 
                                the agency has taken final action on the 
                                delayed authorization or review, submit 
                                to the Executive Director for posting on 
                                the Dashboard a status report describing 
                                any agency activity related to the 
                                project.
                    (G) Abandonment of covered project.--
                          (i) In general.--If the facilitating or lead 
                      agency, as applicable, has a reasonable basis to 
                      doubt the continuing technical or financial 
                      ability of the project sponsor to construct the 
                      covered project, the facilitating or lead agency 
                      may request the project sponsor provide an updated 
                      statement regarding the ability of the project 
                      sponsor to complete the project.
                          (ii) Failure to respond.--If the project 
                      sponsor fails to respond to a request described in 
                      clause (i) by the date that is 30 days after 
                      receiving the request, the lead or facilitating 
                      agency, as applicable, shall notify the Executive 
                      Director, who shall publish an appropriate notice 
                      on the Dashboard.
                          (iii) Publication to dashboard.--On 
                      publication of a notice under clause (ii), the 
                      completion dates in the permitting timetable shall 
                      be tolled and agencies shall be relieved of the 
                      obligation to comply with subparagraph (F) until 
                      such time as the project sponsor submits to the 
                      facilitating or lead agency, as applicable, an 
                      updated statement regarding the technical and 
                      financial ability of the project sponsor to 
                      construct the project.
            (3) Cooperating state, local, or tribal governments.--
                    (A) State authority.--If the Federal environmental 
                review is being implemented within the boundaries of a 
                State, the State, consistent with State law, may choose 
                to participate in the environmental review and 
                authorization process under this subsection and to make 
                subject to the process all State agencies that--

[[Page 129 STAT. 1754]]

                          (i) have jurisdiction over the covered 
                      project;
                          (ii) are required to conduct or issue a 
                      review, analysis, opinion, or statement for the 
                      covered project; or
                          (iii) are required to make a determination on 
                      issuing a permit, license, or other approval or 
                      decision for the covered project.
                    (B) Coordination.--To the maximum extent practicable 
                under applicable law, the facilitating or lead agency, 
                as applicable, shall coordinate the Federal 
                environmental review and authorization processes under 
                this subsection with any State, local, or tribal agency 
                responsible for conducting any separate review or 
                authorization of the covered project to ensure timely 
                and efficient completion of environmental reviews and 
                authorizations.
                    (C) Memorandum of understanding.--
                          (i) In general.--Any coordination plan between 
                      the facilitating or lead agency, as applicable, 
                      and any State, local, or tribal agency shall, to 
                      the maximum extent practicable, be included in a 
                      memorandum of understanding.
                          (ii) Submission to executive director.--The 
                      facilitating or lead agency, as applicable, shall 
                      submit to the Executive Director each memorandum 
                      of understanding described in clause (i).
                    (D) Applicability.--The requirements under this 
                title shall only apply to a State or an authorization 
                issued by a State if the State has chosen to participate 
                in the environmental review and authorization process 
                pursuant to this paragraph.

    (d) Early Consultation.--The facilitating or lead agency, as 
applicable, shall provide an expeditious process for project sponsors to 
confer with each cooperating and participating agency involved and, not 
later than 60 days after the date on which the project sponsor submits a 
request under this subsection, to have each such agency provide to the 
project sponsor information concerning--
            (1) the availability of information and tools, including 
        pre-application toolkits, to facilitate early planning efforts;
            (2) key issues of concern to each agency and to the public; 
        and
            (3) issues that must be addressed before an environmental 
        review or authorization can be completed.

    (e) Cooperating Agency.--
            (1) In general.--A lead agency may designate a participating 
        agency as a cooperating agency in accordance with part 1501 of 
        title 40, Code of Federal Regulations (or successor 
        regulations).
            (2) Effect on other designation.--The designation described 
        in paragraph (1) shall not affect any designation under 
        subsection (a)(3).
            (3) Limitation on designation.--Any agency not designated as 
        a participating agency under subsection (a)(3) shall not be 
        designated as a cooperating agency under paragraph (1).

    (f) Reporting Status of Other Projects on Dashboard.--
            (1) In general.--On request of the Executive Director, the 
        Secretary and the Secretary of the Army shall use best efforts 
        to provide information for inclusion on the Dashboard

[[Page 129 STAT. 1755]]

        on projects subject to section 139 of title 23, United States 
        Code, and section 2045 of the Water Resources Development Act of 
        2007 (33 U.S.C. 2348) likely to require--
                    (A) a total investment of more than $200,000,000; 
                and
                    (B) an environmental impact statement under NEPA.
            (2) Effect of inclusion on dashboard.--Inclusion on the 
        Dashboard of information regarding projects subject to section 
        139 of title 23, United States Code, or section 2045 of the 
        Water Resources Development Act of 2007 (33 U.S.C. 2348) shall 
        not subject those projects to any requirements of this title.
SEC. 41004. <<NOTE: 42 USC 4370m-3.>> INTERSTATE COMPACTS.

    (a) In General.--The consent of Congress is given for 3 or more 
contiguous States to enter into an interstate compact establishing 
regional infrastructure development agencies to facilitate authorization 
and review of covered projects, under State law or in the exercise of 
delegated permitting authority described under section 41006, that will 
advance infrastructure development, production, and generation within 
the States that are parties to the compact.
    (b) Regional Infrastructure.--For the purpose of this title, a 
regional infrastructure development agency referred to in subsection (a) 
shall have the same authorities and responsibilities of a State agency.
SEC. 41005. <<NOTE: 42 USC 4370m-4.>> COORDINATION OF REQUIRED 
                            REVIEWS.

    (a) Concurrent Reviews.--To integrate environmental reviews and 
authorizations, each agency shall, to the maximum extent practicable--
            (1) carry out the obligations of the agency with respect to 
        a covered project under any other applicable law concurrently, 
        and in conjunction with, other environmental reviews and 
        authorizations being conducted by other cooperating or 
        participating agencies, including environmental reviews and 
        authorizations required under NEPA, unless the agency determines 
        that doing so would impair the ability of the agency to carry 
        out the statutory obligations of the agency; and
            (2) formulate and implement administrative, policy, and 
        procedural mechanisms to enable the agency to ensure completion 
        of the environmental review process in a timely, coordinated, 
        and environmentally responsible manner.

    (b) Adoption, Incorporation by Reference, and Use of Documents.--
            (1) State environmental documents; supplemental documents.--
                    (A) Use of existing documents.--
                          (i) In general.--On the request of a project 
                      sponsor, a lead agency shall consider and, as 
                      appropriate, adopt or incorporate by reference, 
                      the analysis and documentation that has been 
                      prepared for a covered project under State laws 
                      and procedures as the documentation, or part of 
                      the documentation, required to complete an 
                      environmental review for the covered project, if 
                      the analysis and documentation were, as determined 
                      by the lead agency in consultation with the 
                      Council on Environmental Quality, prepared under 
                      circumstances that allowed for opportunities for 
                      public

[[Page 129 STAT. 1756]]

                      participation and consideration of alternatives, 
                      environmental consequences, and other required 
                      analyses that are substantially equivalent to what 
                      would have been available had the documents and 
                      analysis been prepared by a Federal agency 
                      pursuant to NEPA.
                          (ii) Guidance by ceq.--The Council on 
                      Environmental Quality may issue guidance to carry 
                      out this subsection.
                    (B) NEPA obligations.--An environmental document 
                adopted under subparagraph (A) or a document that 
                includes documentation incorporated under subparagraph 
                (A) may serve as the documentation required for an 
                environmental review or a supplemental environmental 
                review required to be prepared by a lead agency under 
                NEPA.
                    (C) Supplementation of state documents.--If the lead 
                agency adopts or incorporates analysis and documentation 
                described in subparagraph (A), the lead agency shall 
                prepare and publish a supplemental document if the lead 
                agency determines that during the period after 
                preparation of the analysis and documentation and before 
                the adoption or incorporation--
                          (i) a significant change has been made to the 
                      covered project that is relevant for purposes of 
                      environmental review of the project; or
                          (ii) there has been a significant circumstance 
                      or new information has emerged that is relevant to 
                      the environmental review for the covered project.
                    (D) Comments.--If a lead agency prepares and 
                publishes a supplemental document under subparagraph 
                (C), the lead agency shall solicit comments from other 
                agencies and the public on the supplemental document for 
                a period of not more than 45 days, beginning on the date 
                on which the supplemental document is published, 
                unless--
                          (i) the lead agency, the project sponsor, and 
                      any cooperating agency agree to a longer deadline; 
                      or
                          (ii) the lead agency extends the deadline for 
                      good cause.
                    (E) Notice of outcome of environmental review.--A 
                lead agency shall issue a record of decision or finding 
                of no significant impact, as appropriate, based on the 
                document adopted under subparagraph (A) and any 
                supplemental document prepared under subparagraph (C).

    (c) Alternatives Analysis.--
            (1) Participation.--
                    (A) In general.--As early as practicable during the 
                environmental review, but not later than the 
                commencement of scoping for a project requiring the 
                preparation of an environmental impact statement, the 
                lead agency shall engage the cooperating agencies and 
                the public to determine the range of reasonable 
                alternatives to be considered for a covered project.
                    (B) Determination.--The determination under 
                subparagraph (A) shall be completed not later than the 
                completion of scoping.
            (2) Range of alternatives.--

[[Page 129 STAT. 1757]]

                    (A) In general.--Following participation under 
                paragraph (1) and subject to subparagraph (B), the lead 
                agency shall determine the range of reasonable 
                alternatives for consideration in any document that the 
                lead agency is responsible for preparing for the covered 
                project.
                    (B) Alternatives required by law.--In determining 
                the range of alternatives under subparagraph (A), the 
                lead agency shall include all alternatives required to 
                be considered by law.
            (3) Methodologies.--
                    (A) In general.--The lead agency shall determine, in 
                collaboration with each cooperating agency at 
                appropriate times during the environmental review, the 
                methodologies to be used and the level of detail 
                required in the analysis of each alternative for a 
                covered project.
                    (B) Environmental review.--A cooperating agency 
                shall use the methodologies referred to in subparagraph 
                (A) when conducting any required environmental review, 
                to the extent consistent with existing law.
            (4) Preferred alternative.--With the concurrence of the 
        cooperating agencies with jurisdiction under Federal law and at 
        the discretion of the lead agency, the preferred alternative for 
        a project, after being identified, may be developed to a higher 
        level of detail than other alternatives to facilitate the 
        development of mitigation measures or concurrent compliance with 
        other applicable laws if the lead agency determines that the 
        development of the higher level of detail will not prevent--
                    (A) the lead agency from making an impartial 
                decision as to whether to accept another alternative 
                that is being considered in the environmental review; 
                and
                    (B) the public from commenting on the preferred and 
                other alternatives.

    (d) Environmental Review Comments.--
            (1) Comments on draft environmental impact statement.--For 
        comments by an agency or the public on a draft environmental 
        impact statement, the lead agency shall establish a comment 
        period of not less than 45 days and not more than 60 days after 
        the date on which a notice announcing availability of the 
        environmental impact statement is published in the Federal 
        Register, unless--
                    (A) the lead agency, the project sponsor, and any 
                cooperating agency agree to a longer deadline; or
                    (B) the lead agency, in consultation with each 
                cooperating agency, extends the deadline for good cause.
            (2) Other review and comment periods.--For all other review 
        or comment periods in the environmental review process described 
        in parts 1500 through 1508 of title 40, Code of Federal 
        Regulations (or successor regulations), the lead agency shall 
        establish a comment period of not more than 45 days after the 
        date on which the materials on which comment is requested are 
        made available, unless--
                    (A) the lead agency, the project sponsor, and any 
                cooperating agency agree to a longer deadline; or
                    (B) the lead agency extends the deadline for good 
                cause.

    (e) Issue Identification and Resolution.--
            (1) Cooperation.--The lead agency and each cooperating and 
        participating agency shall work cooperatively in accordance

[[Page 129 STAT. 1758]]

        with this section to identify and resolve issues that could 
        delay completion of an environmental review or an authorization 
        required for the project under applicable law or result in the 
        denial of any approval under applicable law.
            (2) Lead agency responsibilities.--
                    (A) In general.--The lead agency shall make 
                information available to each cooperating and 
                participating agency and project sponsor as early as 
                practicable in the environmental review regarding the 
                environmental, historic, and socioeconomic resources 
                located within the project area and the general 
                locations of the alternatives under consideration.
                    (B) Sources of information.--The information 
                described in subparagraph (A) may be based on existing 
                data sources, including geographic information systems 
                mapping.
            (3) Cooperating and participating agency responsibilities.--
        Each cooperating and participating agency shall--
                    (A) identify, as early as practicable, any issues of 
                concern regarding any potential environmental impacts of 
                the covered project, including any issues that could 
                substantially delay or prevent an agency from completing 
                any environmental review or authorization required for 
                the project; and
                    (B) communicate any issues described in subparagraph 
                (A) to the project sponsor.

    (f) Categories of Projects.--The authorities granted under this 
section may be exercised for an individual covered project or a category 
of covered projects.
SEC. 41006. <<NOTE: 42 USC 4370m-5.>> DELEGATED STATE PERMITTING 
                            PROGRAMS.

    (a) In General.--If a Federal statute permits a Federal agency to 
delegate to or otherwise authorize a State to issue or otherwise 
administer a permit program in lieu of the Federal agency, the Federal 
agency with authority to carry out the statute shall--
            (1) on publication by the Council of best practices under 
        section 41002(c)(2)(B), initiate a national process, with public 
        participation, to determine whether and the extent to which any 
        of the best practices are generally applicable on a delegation- 
        or authorization-wide basis to permitting under the statute; and
            (2) not later than 2 years after the date of enactment of 
        this Act, make model recommendations for State modifications of 
        the applicable permit program to reflect the best practices 
        described in section 41002(c)(2)(B), as appropriate.

    (b) Best Practices.--Lead and cooperating agencies may share with 
State, tribal, and local authorities best practices involved in review 
of covered projects and invite input from State, tribal, and local 
authorities regarding best practices.
SEC. 41007. <<NOTE: 42 USC 4370m-6.>> LITIGATION, JUDICIAL REVIEW, 
                            AND SAVINGS PROVISION.

    (a) Limitations on Claims.--
            (1) In general.--Notwithstanding any other provision of law, 
        a claim arising under Federal law seeking judicial review of any 
        authorization issued by a Federal agency for a covered project 
        shall be barred unless--
                    (A) the action is filed not later than 2 years after 
                the date of publication in the Federal Register of the 
                final

[[Page 129 STAT. 1759]]

                record of decision or approval or denial of a permit, 
                unless a shorter time is specified in the Federal law 
                under which judicial review is allowed; and
                    (B) in the case of an action pertaining to an 
                environmental review conducted under NEPA--
                          (i) the action is filed by a party that 
                      submitted a comment during the environmental 
                      review; and
                          (ii) any commenter filed a sufficiently 
                      detailed comment so as to put the lead agency on 
                      notice of the issue on which the party seeks 
                      judicial review, or the lead agency did not 
                      provide a reasonable opportunity for such a 
                      comment on that issue.
            (2) New information.--
                    (A) In general.--The head of a lead agency or 
                participating agency shall consider new information 
                received after the close of a comment period if the 
                information satisfies the requirements under regulations 
                implementing NEPA.
                    (B) Separate action.--If Federal law requires the 
                preparation of a supplemental environmental impact 
                statement or other supplemental environmental document, 
                the preparation of such document shall be considered a 
                separate final agency action and the deadline for filing 
                a claim for judicial review of the agency action shall 
                be 2 years after the date on which a notice announcing 
                the final agency action is published in the Federal 
                Register, unless a shorter time is specified in the 
                Federal law under which judicial review is allowed.
            (3) Rule of construction.--Nothing in this subsection 
        creates a right to judicial review or places any limit on filing 
        a claim that a person has violated the terms of an 
        authorization.

    (b) Preliminary Injunctive Relief.--In addition to considering any 
other applicable equitable factors, in any action seeking a temporary 
restraining order or preliminary injunction against an agency or a 
project sponsor in connection with review or authorization of a covered 
project, the court shall--
            (1) consider the potential effects on public health, safety, 
        and the environment, and the potential for significant negative 
        effects on jobs resulting from an order or injunction; and
            (2) not presume that the harms described in paragraph (1) 
        are reparable.

    (c) Judicial Review.--Except as provided in subsection (a), nothing 
in this title affects the reviewability of any final Federal agency 
action in a court of competent jurisdiction.
    (d) Savings Clause.--Nothing in this title--
            (1) supersedes, amends, or modifies any Federal statute or 
        affects the responsibility of any Federal officer to comply with 
        or enforce any statute; or
            (2) creates a presumption that a covered project will be 
        approved or favorably reviewed by any agency.

    (e) Limitations.--Nothing in this section preempts, limits, or 
interferes with--
            (1) any practice of seeking, considering, or responding to 
        public comment; or
            (2) any power, jurisdiction, responsibility, or authority 
        that a Federal, State, or local governmental agency, 
        metropolitan planning organization, Indian tribe, or project 
        sponsor has with

[[Page 129 STAT. 1760]]

        respect to carrying out a project or any other provisions of law 
        applicable to any project, plan, or program.
SEC. 41008. <<NOTE: 42 USC 4370m-7.>> REPORTS.

    (a) Report to Congress.--
            (1) In general.--Not later than April 15 of each year for 10 
        years beginning on the date of enactment of this Act, the 
        Executive Director shall submit to Congress a report detailing 
        the progress accomplished under this title during the previous 
        fiscal year.
            (2) Contents.--The report described in paragraph (1) shall 
        assess the performance of each participating agency and lead 
        agency based on the best practices described in section 
        41002(c)(2)(B), including--
                    (A) agency progress in making improvements 
                consistent with those best practices; and
                    (B) agency compliance with the performance schedules 
                established under section 41002(c)(1)(C).
            (3) Opportunity to include comments.--Each councilmember, 
        with input from the respective agency CERPO, shall have the 
        opportunity to include comments concerning the performance of 
        the agency in the report described in paragraph (1).

    (b) Comptroller General Report.--Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that describes--
            (1) agency progress in making improvements consistent with 
        the best practices issued under section 41002(c)(2)(B); and
            (2) agency compliance with the performance schedules 
        established under section 41002(c)(1)(C).
SEC. 41009. <<NOTE: 42 USC 4370m-8.>> FUNDING FOR GOVERNANCE, 
                            OVERSIGHT, AND PROCESSING OF 
                            ENVIRONMENTAL REVIEWS AND PERMITS.

    (a) In General.--The heads of agencies listed in section 
41002(b)(2)(B), with the guidance of the Director of the Office of 
Management and Budget and in consultation with the Executive Director, 
may, after public notice and opportunity for comment, issue regulations 
establishing a fee structure for project proponents to reimburse the 
United States for reasonable costs incurred in conducting environmental 
reviews and authorizations for covered projects.
    (b) Reasonable Costs.--As used in this section, the term 
``reasonable costs'' shall include costs to implement the requirements 
and authorities required under sections 41002 and 41003, including the 
costs to agencies and the costs of operating the Council.
    (c) Fee Structure.--The fee structure established under subsection 
(a) shall--
            (1) be developed in consultation with affected project 
        proponents, industries, and other stakeholders;
            (2) exclude parties for which the fee would impose an undue 
        financial burden or is otherwise determined to be inappropriate; 
        and
            (3) be established in a manner that ensures that the 
        aggregate amount of fees collected for a fiscal year is 
        estimated not to exceed 20 percent of the total estimated costs 
        for the fiscal year for the resources allocated for the conduct 
        of the

[[Page 129 STAT. 1761]]

        environmental reviews and authorizations covered by this title, 
        as determined by the Director of the Office of Management and 
        Budget.

    (d) Environmental Review and Permitting Improvement Fund.--
            (1) In general.--All amounts collected pursuant to this 
        section shall be deposited into a separate fund in the Treasury 
        of the United States to be known as the ``Environmental Review 
        Improvement Fund'' (referred to in this section as the 
        ``Fund'').
            (2) Availability.--Amounts in the Fund shall be available to 
        the Executive Director, without appropriation or fiscal year 
        limitation, solely for the purposes of administering, 
        implementing, and enforcing this title, including the expenses 
        of the Council.
            (3) Transfer.--The Executive Director, with the approval of 
        the Director of the Office of Management and Budget, may 
        transfer amounts in the Fund to other agencies to facilitate 
        timely and efficient environmental reviews and authorizations 
        for proposed covered projects.

    (e) Effect on Permitting.--The regulations adopted pursuant to 
subsection (a) shall ensure that the use of funds accepted under 
subsection (d) will not impact impartial decision-making with respect to 
environmental reviews or authorizations, either substantively or 
procedurally.
    (f) Transfer of Appropriated Funds.--
            (1) In general.--The heads of agencies listed in section 
        41002(b)(2)(B) shall have the authority to transfer, in 
        accordance with section 1535 of title 31, United States Code, 
        funds appropriated to those agencies and not otherwise obligated 
        to other affected Federal agencies for the purpose of 
        implementing the provisions of this title.
            (2) Limitation.--Appropriations under title 23, United 
        States Code and appropriations for the civil works program of 
        the Army Corps of Engineers shall not be available for transfer 
        under paragraph (1).
SEC. 41010. <<NOTE: 42 USC 4370m-9.>> APPLICATION.

    This title applies to any covered project for which--
            (1) a notice is filed under section 41003(a)(1); or
            (2) an application or other request for a Federal 
        authorization is pending before a Federal agency 90 days after 
        the date of enactment of this Act.
SEC. 41011. <<NOTE: 42 USC 4370m-10.>> GAO REPORT.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report that includes an analysis of whether the provisions of this title 
could be adapted to streamline the Federal permitting process for 
smaller projects that are not covered projects.
SEC. 41012. <<NOTE: 42 USC 4370m-11.>> SAVINGS PROVISION.

    Nothing in this title amends the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).
SEC. 41013. <<NOTE: 42 USC 4370m-12.>> SUNSET.

    This title shall terminate 7 years after the date of enactment of 
this Act.

[[Page 129 STAT. 1762]]

SEC. 41014. <<NOTE: 42 USC 4370m-13.>> PLACEMENT.

    The Office of the Law Revision Counsel is directed to place sections 
41001 through 41013 of this title in chapter 55 of title 42, United 
States Code, as subchapter IV.

                    TITLE XLII--ADDITIONAL PROVISIONS

SEC. 42001. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF 
                            KEROSENE USED IN NONCOMMERCIAL 
                            AVIATION.

    Not later than 180 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall--
            (1) conduct a study regarding payments made to vendors of 
        kerosene used in noncommercial aviation under section 
        6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and
            (2) submit to the appropriate committees of Congress a 
        report describing the results of such study, which shall include 
        estimates of--
                    (A) the number of vendors of kerosene used in 
                noncommercial aviation who are registered under section 
                4101 of such Code;
                    (B) the number of vendors of kerosene used in 
                noncommercial aviation who are not so registered;
                    (C) the number of vendors described in subparagraph 
                (A) who receive payments under section 6427(l)(4)(C)(ii) 
                of such Code;
                    (D) the excess of--
                          (i) the amount of payments which would be made 
                      under section 6427(l)(4)(C)(ii) of such Code if 
                      all vendors of kerosene used in noncommercial 
                      aviation were registered and filed claims for such 
                      payments, over
                          (ii) the amount of payments actually made 
                      under such section; and
                    (E) the number of cases of diesel truck operators 
                fraudulently using kerosene taxed for use in aviation.

       TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.

    Section 411(h) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1240a(h)) is amended--
            (1) in paragraph (1)(C)--
                    (A) by striking ``Payments'' and inserting the 
                following:
                          ``(i) In general.--Payments''; and
                    (B) by adding at the end the following:
                          ``(ii) Certain payments required.--Not 
                      withstanding any other provision of this Act, as 
                      soon as practicable, but not later than December 
                      10, 2015, of the 7 equal installments referred to 
                      in clause (i), the Secretary shall pay to any 
                      certified State or Indian tribe to which the total 
                      annual payment under this subsection was limited 
                      to $15,000,000 in 2013 and $28,000,000 in fiscal 
                      year 2014--

[[Page 129 STAT. 1763]]

                                    ``(I) the final 2 installments in 2 
                                separate payments of $82,700,000 each; 
                                and
                                    ``(II) 2 separate payments of 
                                $38,250,000 each.''; and
            (2) by striking paragraphs (5) and (6).

 DIVISION E-- <<NOTE: Export-Import Bank Reform and Reauthorization Act 
of 2015.>> EXPORT-IMPORT BANK OF THE UNITED STATES
SEC. 50001. <<NOTE: 12 USC 635 note.>> SHORT TITLE.

    This division may be cited as the ``Export-Import Bank Reform and 
Reauthorization Act of 2015''.

  TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING LOANS, 
                            GUARANTEES, AND INSURANCE.

    Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635e(a)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Applicable amount defined.--In this subsection, the 
        term `applicable amount', for each of fiscal years 2015 through 
        2019, means $135,000,000,000.
            ``(3) Freezing of lending cap if default rate is 2 percent 
        or more.--If the rate calculated under section 8(g)(1) is 2 
        percent or more for a quarter, the Bank may not exceed the 
        amount of loans, guarantees, and insurance outstanding on the 
        last day of that quarter until the rate calculated under section 
        8(g)(1) is less than 2 percent.''.
SEC. 51002. INCREASE IN LOSS RESERVES.

    (a) In General.--Section 6 of the Export-Import Bank Act of 1945 (12 
U.S.C. 635e) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:

    ``(b) Reserve Requirement.--The Bank shall build to and hold in 
reserve, to protect against future losses, an amount that is not less 
than 5 percent of the aggregate amount of disbursed and outstanding 
loans, guarantees, and insurance of the Bank.''.
    (b) <<NOTE: 12 USC 635e.>> Effective Date.--The amendment made by 
subsection (a) shall take effect on the date that is one year after the 
date of the enactment of this Act.
SEC. 51003. REVIEW OF FRAUD CONTROLS.

    Section 17(b) of the Export-Import Bank Reauthorization Act of 2012 
(12 U.S.C. 635a-6(b)) is amended to read as follows:
    ``(b) Review of Fraud Controls.--Not later than 4 years after the 
date of the enactment of the Export-Import Bank Reform and 
Reauthorization Act of 2015, and every 4 years thereafter, the 
Comptroller General of the United States shall--

[[Page 129 STAT. 1764]]

            ``(1) review the adequacy of the design and effectiveness of 
        the controls used by the Export-Import Bank of the United States 
        to prevent, detect, and investigate fraudulent applications for 
        loans and guarantees and the compliance by the Bank with the 
        controls, including by auditing a sample of Bank transactions; 
        and
            ``(2) submit a written report regarding the findings of the 
        review and providing such recommendations with respect to the 
        controls described in paragraph (1) as the Comptroller General 
        deems appropriate to--
                    ``(A) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Appropriations of the 
                Senate; and
                    ``(B) the Committee on Financial Services and the 
                Committee on Appropriations of the House of 
                Representatives.''.
SEC. 51004. OFFICE OF ETHICS.

    Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is 
amended by adding at the end the following:
    ``(k) Office of Ethics.--
            ``(1) Establishment.--There is established an Office of 
        Ethics within the Bank, which shall oversee all ethics issues 
        within the Bank.
            ``(2) Head of office.--
                    ``(A) In general.--The head of the Office of Ethics 
                shall be the Chief Ethics Officer, who shall report to 
                the Board of Directors.
                    ``(B) Appointment.--Not later than 180 days after 
                the date of the enactment of the Export-Import Bank 
                Reform and Reauthorization Act of 2015, the Chief Ethics 
                Officer shall be--
                          ``(i) appointed by the President of the Bank 
                      from among persons--
                                    ``(I) with a background in law who 
                                have experience in the fields of law and 
                                ethics; and
                                    ``(II) who are not serving in a 
                                position requiring appointment by the 
                                President of the United States before 
                                being appointed to be Chief Ethics 
                                Officer; and
                          ``(ii) approved by the Board.
                    ``(C) Designated agency ethics official.--The Chief 
                Ethics Officer shall serve as the designated agency 
                ethics official for the Bank pursuant to the Ethics in 
                Government Act of 1978 (5 U.S.C. App. 101 et seq.).
            ``(3) Duties.--The Office of Ethics has jurisdiction over 
        all employees of, and ethics matters relating to, the Bank. With 
        respect to employees of the Bank, the Office of Ethics shall--
                    ``(A) recommend administrative actions to establish 
                or enforce standards of official conduct;
                    ``(B) refer to the Office of the Inspector General 
                of the Bank alleged violations of--
                          ``(i) the standards of ethical conduct 
                      applicable to employees of the Bank under parts 
                      2635 and 6201 of title 5, Code of Federal 
                      Regulations;
                          ``(ii) the standards of ethical conduct 
                      established by the Chief Ethics Officer; and

[[Page 129 STAT. 1765]]

                          ``(iii) any other laws, rules, or regulations 
                      governing the performance of official duties or 
                      the discharge of official responsibilities that 
                      are applicable to employees of the Bank;
                    ``(C) report to appropriate Federal or State 
                authorities substantial evidence of a violation of any 
                law applicable to the performance of official duties 
                that may have been disclosed to the Office of Ethics; 
                and
                    ``(D) render advisory opinions regarding the 
                propriety of any current or proposed conduct of an 
                employee or contractor of the Bank, and issue general 
                guidance on such matters as necessary.''.
SEC. 51005. CHIEF RISK OFFICER.

    Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a), as 
amended by section 91004, is further amended by adding at the end the 
following:
    ``(l) Chief Risk Officer.--
            ``(1) In general.--There shall be a Chief Risk Officer of 
        the Bank, who shall--
                    ``(A) oversee all issues relating to risk within the 
                Bank; and
                    ``(B) report to the President of the Bank.
            ``(2) Appointment.--Not later than 180 days after the date 
        of the enactment of the Export-Import Bank Reform and 
        Reauthorization Act of 2015, the Chief Risk Officer shall be--
                    ``(A) appointed by the President of the Bank from 
                among persons--
                          ``(i) with a demonstrated ability in the 
                      general management of, and knowledge of and 
                      extensive practical experience in, financial risk 
                      evaluation practices in large governmental or 
                      business entities; and
                          ``(ii) who are not serving in a position 
                      requiring appointment by the President of the 
                      United States before being appointed to be Chief 
                      Risk Officer; and
                    ``(B) approved by the Board.
            ``(3) Duties.--The duties of the Chief Risk Officer are--
                    ``(A) to be responsible for all matters related to 
                managing and mitigating all risk to which the Bank is 
                exposed, including the programs and operations of the 
                Bank;
                    ``(B) to establish policies and processes for risk 
                oversight, the monitoring of management compliance with 
                risk limits, and the management of risk exposures and 
                risk controls across the Bank;
                    ``(C) to be responsible for the planning and 
                execution of all Bank risk management activities, 
                including policies, reporting, and systems to achieve 
                strategic risk objectives;
                    ``(D) to develop an integrated risk management 
                program that includes identifying, prioritizing, 
                measuring, monitoring, and managing internal control and 
                operating risks and other identified risks;
                    ``(E) to ensure that the process for risk assessment 
                and underwriting for individual transactions considers 
                how each such transaction considers the effect of the 
                transaction on the concentration of exposure in the 
                overall portfolio of the Bank, taking into account fees, 
                collateralization, and historic default rates; and

[[Page 129 STAT. 1766]]

                    ``(F) to review the adequacy of the use by the Bank 
                of qualitative metrics to assess the risk of default 
                under various scenarios.''.
SEC. 51006. RISK MANAGEMENT COMMITTEE.

    (a) In General.--Section 3 of the Export-Import Bank Act of 1945 (12 
U.S.C. 635a), as amended by sections 91004 and 91005, is further amended 
by adding at the end the following:
    ``(m) Risk Management Committee.--
            ``(1) Establishment.--There is established a management 
        committee to be known as the `Risk Management Committee'.
            ``(2) Membership.--The membership of the Risk Management 
        Committee shall be the members of the Board of Directors, with 
        the President and First Vice President of the Bank serving as ex 
        officio members.
            ``(3) Duties.--The duties of the Risk Management Committee 
        shall be--
                    ``(A) to oversee, in conjunction with the Office of 
                the Chief Financial Officer of the Bank--
                          ``(i) periodic stress testing on the entire 
                      Bank portfolio, reflecting different market, 
                      industry, and macroeconomic scenarios, and 
                      consistent with common practices of commercial and 
                      multilateral development banks; and
                          ``(ii) the monitoring of industry, geographic, 
                      and obligor exposure levels; and
                    ``(B) to review all required reports on the default 
                rate of the Bank before submission to Congress under 
                section 8(g).''.

    (b) <<NOTE: 12 USC 635a note.>> Termination of Audit Committee.--Not 
later than 180 days after the date of the enactment of this Act, the 
Board of Directors of the Export-Import Bank of the United States shall 
revise the bylaws of the Bank to terminate the Audit Committee 
established by section 7 of the bylaws.
SEC. 51007. <<NOTE: 12 USC 635a-7.>> INDEPENDENT AUDIT OF BANK 
                            PORTFOLIO.

    (a) Audit.--The Inspector General of the Export-Import Bank of the 
United States shall conduct an audit or evaluation of the portfolio risk 
management procedures of the Bank, including a review of the 
implementation by the Bank of the duties assigned to the Chief Risk 
Officer under section 3(l) of the Export-Import Bank Act of 1945, as 
amended by section 51005.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, and not less frequently than every 3 years thereafter, the 
Inspector General shall submit to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on Financial Services of 
the House of Representatives a written report containing all findings 
and determinations made in carrying out subsection (a).
SEC. 51008. <<NOTE: 12 USC 635 note.>> PILOT PROGRAM FOR 
                            REINSURANCE.

    (a) In General.--Notwithstanding any provision of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the 
United States (in this section referred to as the ``Bank'') may 
establish a pilot program under which the Bank may enter into contracts 
and other arrangements to share risks associated with the provision of 
guarantees, insurance, or credit,

[[Page 129 STAT. 1767]]

or the participation in the extension of credit, by the Bank under that 
Act.
    (b) Limitations on Amount of Risk-Sharing.--
            (1) Per contract or other arrangement.--The aggregate amount 
        of liability the Bank may transfer through risk-sharing pursuant 
        to a contract or other arrangement entered into under subsection 
        (a) may not exceed $1,000,000,000.
            (2) Per year.--The aggregate amount of liability the Bank 
        may transfer through risk-sharing during a fiscal year pursuant 
        to contracts or other arrangements entered into under subsection 
        (a) during that fiscal year may not exceed $10,000,000,000.

    (c) Annual Reports.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter through 2019, the Bank 
shall submit to Congress a written report that contains a detailed 
analysis of the use of the pilot program carried out under subsection 
(a) during the year preceding the submission of the report.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to affect, impede, or revoke any authority of the Bank.
    (e) Termination.--The pilot program carried out under subsection (a) 
shall terminate on September 30, 2019.

             TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.

    (a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``20 
percent'' and inserting ``25 percent''.
    (b) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendment made 
by subsection (a) shall apply with respect to fiscal year 2016 and each 
fiscal year thereafter.
SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED 
                            BUSINESSES.

    (a) In General.--Section 8 of the Export-Import Bank Act of 1945 (12 
U.S.C. 635g) is amended by adding at the end the following:
    ``(k) Report on Programs for Small- and Medium-Sized Businesses.--
The Bank shall include in its annual report to Congress under subsection 
(a) a report on the programs of the Bank for United States businesses 
with less than $250,000,000 in annual sales.''.
    (b) <<NOTE: 12 USC 635g note.>> Effective Date.--The amendment made 
by subsection (a) shall apply with respect to the report of the Export-
Import Bank of the United States submitted to Congress under section 8 
of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first 
year that begins after the date of the enactment of this Act.

[[Page 129 STAT. 1768]]

                 TITLE LIII--MODERNIZATION OF OPERATIONS

SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS.

    Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(1)) is amended by adding at the end the following:
    ``(M) Not later than 2 years after the date of the enactment of the 
Export-Import Bank Reform and Reauthorization Act of 2015, the Bank 
shall implement policies--
            ``(i) to accept electronic documents with respect to 
        transactions whenever possible, including copies of bills of 
        lading, certifications, and compliance documents, in such manner 
        so as not to undermine any potential civil or criminal 
        enforcement related to the transactions; and
            ``(ii) to accept electronic payments in all of its 
        programs.''.
SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.

    Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j)) is 
amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``2012, 2013, and 2014'' and inserting ``2015 
        through 2019'';
            (2) in paragraph (2)(B), by striking ``(I) the funds'' and 
        inserting ``(i) the funds''; and
            (3) in paragraph (3), by striking ``2012, 2013, and 2014'' 
        and inserting ``2015 through 2019''.

                      TITLE LIV--GENERAL PROVISIONS

SEC. 54001. EXTENSION OF AUTHORITY.

    (a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12 
U.S.C. 635f) is amended by striking ``2014'' and inserting ``2019''.
    (b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 (12 U.S.C. 
635 note) is amended by striking ``September 30, 2014'' and inserting 
``the date on which the authority of the Export-Import Bank of the 
United States expires under section 7 of the Export-Import Bank Act of 
1945 (12 U.S.C. 635f)''.
    (c) Sub-Saharan Africa Advisory Committee.--Section 2(b)(9)(B)(iii) 
of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is 
amended by striking ``September 30, 2014'' and inserting ``the date on 
which the authority of the Bank expires under section 7''.
    (d) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendments made 
by this section shall take effect on the earlier of the date of the 
enactment of this Act or June 30, 2015.
SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.

    (a) Loan Terms for Medium-Term Financing.--Section 2(a)(2)(A) of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is amended--
            (1) in clause (i), by striking ``; and'' and inserting a 
        semicolon; and
            (2) by adding at the end the following:

[[Page 129 STAT. 1769]]

                    ``(iii) with principal amounts of not more than 
                $25,000,000; and''.

    (b) Competitive Opportunities Relating to Insurance.--Section 
2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is 
amended by striking ``$10,000,000'' and inserting ``$25,000,000''.
    (c) Export Amounts for Small Business Loans.--Section 3(g)(3) of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by 
striking ``$10,000,000'' and inserting ``$25,000,000''.
    (d) Consideration of Environmental Effects.--Section 11(a)(1)(A) of 
the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5(a)(1)(A)) is 
amended by striking ``$10,000,000 or more'' and inserting the following: 
``$25,000,000 (or, if less than $25,000,000, the threshold established 
pursuant to international agreements, including the Common Approaches 
for Officially Supported Export Credits and Environmental and Social Due 
Diligence, as adopted by the Organisation for Economic Co-operation and 
Development Council on June 28, 2012, and the risk-management framework 
adopted by financial institutions for determining, assessing, and 
managing environmental and social risk in projects (commonly referred to 
as the `Equator Principles')) or more''.
    (e) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendments made 
by this section shall apply with respect to fiscal year 2016 and each 
fiscal year thereafter.

                         TITLE LV--OTHER MATTERS

SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.

    Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et 
seq.) is amended by adding at the end the following:
    ``(k) Prohibition on Discrimination Based on Industry.--
            ``(1) In general.--Except as provided in this Act, the Bank 
        may not--
                    ``(A) deny an application for financing based solely 
                on the industry, sector, or business that the 
                application concerns; or
                    ``(B) promulgate or implement policies that 
                discriminate against an application based solely on the 
                industry, sector, or business that the application 
                concerns.
            ``(2) Applicability.--The prohibitions under paragraph (1) 
        apply only to applications for financing by the Bank for 
        projects concerning the exploration, development, production, or 
        export of energy sources and the generation or transmission of 
        electrical power, or combined heat and power, regardless of the 
        energy source involved.''.
SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.

    (a) In General.--Section 11 of the Export-Import Bank 
Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Secretary of the Treasury (in this section 
                referred to as the `Secretary')'' and inserting 
                ``President''; and
                    (B) in paragraph (1)--
                          (i) by striking ``(OECD)'' and inserting ``(in 
                      this section referred to as the `OECD')''; and

[[Page 129 STAT. 1770]]

                          (ii) by striking ``ultimate goal of 
                      eliminating'' and inserting ``possible goal of 
                      eliminating, before the date that is 10 years 
                      after the date of the enactment of the Export-
                      Import Bank Reform and Reauthorization Act of 
                      2015,'';
            (2) in subsection (b), by striking ``Secretary'' each place 
        it appears and inserting ``President''; and
            (3) by adding at the end the following:

    ``(c) Report on Strategy.--Not later than 180 days after the date of 
the enactment of the Export-Import Bank Reform and Reauthorization Act 
of 2015, the President shall submit to Congress a proposal, and a 
strategy for achieving the proposal, that the United States Government 
will pursue with other major exporting countries, including OECD members 
and non-OECD members, to eliminate over a period of not more than 10 
years subsidized export-financing programs, tied aid, export credits, 
and all other forms of government-supported export subsidies.
    ``(d) Negotiations With Non-OECD Members.--The President shall 
initiate and pursue negotiations with countries that are not OECD 
members to bring those countries into a multilateral agreement 
establishing rules and limitations on officially supported export 
credits.
    ``(e) Annual Reports on Progress of Negotiations.--Not later than 
180 days after the date of the enactment of the Export-Import Bank 
Reform and Reauthorization Act of 2015, and annually thereafter through 
calendar year 2019, the President shall submit to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and the Committee on 
Financial Services of the House of Representatives a report on the 
progress of any negotiations described in subsection (d).''.
    (b) <<NOTE: 12 USC 635a-5 note.>> Effective Date.--The amendments 
made by paragraphs (1) and (2) of subsection (a) shall apply with 
respect to reports required to be submitted under section 11(b) of the 
Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b)) 
after the date of the enactment of this Act.
SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS 
                            TECHNOLOGY SYSTEMS.

    (a) Analysis of Information and Communications Technology Industry 
Use of Bank Products.--The Export-Import Bank of the United States (in 
this section referred to as the ``Bank'') shall conduct a study of the 
extent to which the products offered by the Bank are available and used 
by companies that export information and communications technology 
services and related goods.
    (b) Elements.--In conducting the study required by subsection (a), 
the Bank shall examine the following:
            (1) The number of jobs in the United States that are 
        supported by the export of information and communications 
        technology services and related goods, and the degree to which 
        access to financing will increase exports of such services and 
        related goods.
            (2) The reduction in the financing by the Bank of exports of 
        information and communications technology services from 2003 
        through 2014.

[[Page 129 STAT. 1771]]

            (3) The activities of foreign export credit agencies to 
        facilitate the export of information and communications 
        technology services and related goods.
            (4) Specific proposals for how the Bank could provide 
        additional financing for the exportation of information and 
        communications technology services and related goods through 
        risk-sharing with other export credit agencies and other third 
        parties.
            (5) Proposals for new products the Bank could offer to 
        provide financing for exports of information and communications 
        technology services and related goods, including--
                    (A) the extent to which the Bank is authorized to 
                offer new products;
                    (B) the extent to which the Bank would need 
                additional authority to offer new products to meet the 
                needs of the information and communications technology 
                industry;
                    (C) specific proposals for changes in law that would 
                enable the Bank to provide increased financing for 
                exports of information and communications technology 
                services and related goods in compliance with the credit 
                and risk standards of the Bank;
                    (D) specific proposals that would enable the Bank to 
                provide increased outreach to the information and 
                communications technology industry about the products 
                the Bank offers; and
                    (E) specific proposals for changes in law that would 
                enable the Bank to provide the financing to build 
                information and communications technology 
                infrastructure, in compliance with the credit and risk 
                standards of the Bank, to allow for market access 
                opportunities for United States information and 
                communications technology companies to provide services 
                on the infrastructure being financed by the Bank.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Bank shall submit to Congress a report that contains 
the results of the study required by subsection (a).

                       DIVISION F--ENERGY SECURITY

SEC. 61001. <<NOTE: 42 USC 7131 note.>> EMERGENCY PREPAREDNESS FOR 
                            ENERGY SUPPLY DISRUPTIONS.

    (a) Finding.--Congress finds that recent natural disasters have 
underscored the importance of having resilient oil and natural gas 
infrastructure and effective ways for industry and government to 
communicate to address energy supply disruptions.
    (b) Authorization for Activities to Enhance Emergency Preparedness 
for Natural Disasters.--The Secretary of Energy shall develop and adopt 
procedures to--
            (1) improve communication and coordination between the 
        Department of Energy's energy response team, Federal partners, 
        and industry;
            (2) leverage the Energy Information Administration's subject 
        matter expertise within the Department's energy response team to 
        improve supply chain situation assessments;

[[Page 129 STAT. 1772]]

            (3) establish company liaisons and direct communication with 
        the Department's energy response team to improve situation 
        assessments;
            (4) streamline and enhance processes for obtaining temporary 
        regulatory relief to speed up emergency response and recovery;
            (5) facilitate and increase engagement among States, the oil 
        and natural gas industry, and the Department in developing State 
        and local energy assurance plans;
            (6) establish routine education and training programs for 
        key government emergency response positions with the Department 
        and States; and
            (7) involve States and the oil and natural gas industry in 
        comprehensive drill and exercise programs.

    (c) Cooperation.--The activities carried out under subsection (b) 
shall include collaborative efforts with State and local government 
officials and the private sector.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
describing the effectiveness of the activities authorized under this 
section.
SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY 
                            CONFLICTS.

    (a) Compliance With or Violation of Environmental Laws While Under 
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:

    ``(2) With respect to an order issued under this subsection that may 
result in a conflict with a requirement of any Federal, State, or local 
environmental law or regulation, the Commission shall ensure that such 
order requires generation, delivery, interchange, or transmission of 
electric energy only during hours necessary to meet the emergency and 
serve the public interest, and, to the maximum extent practicable, is 
consistent with any applicable Federal, State, or local environmental 
law or regulation and minimizes any adverse environmental impacts.
    ``(3) To the extent any omission or action taken by a party, that is 
necessary to comply with an order issued under this subsection, 
including any omission or action taken to voluntarily comply with such 
order, results in noncompliance with, or causes such party to not comply 
with, any Federal, State, or local environmental law or regulation, such 
omission or action shall not be considered a violation of such 
environmental law or regulation, or subject such party to any 
requirement, civil or criminal liability, or a citizen suit under such 
environmental law or regulation.
    ``(4)(A) An order issued under this subsection that may result in a 
conflict with a requirement of any Federal, State, or local 
environmental law or regulation shall expire not later than 90 days 
after it is issued. The Commission may renew or reissue such order 
pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 
90 days for each period, as the Commission determines necessary to meet 
the emergency and serve the public interest.
    ``(B) In renewing or reissuing an order under subparagraph (A), the 
Commission shall consult with the primary Federal agency

[[Page 129 STAT. 1773]]

with expertise in the environmental interest protected by such law or 
regulation, and shall include in any such renewed or reissued order such 
conditions as such Federal agency determines necessary to minimize any 
adverse environmental impacts to the extent practicable. The conditions, 
if any, submitted by such Federal agency shall be made available to the 
public. The Commission may exclude such a condition from the renewed or 
reissued order if it determines that such condition would prevent the 
order from adequately addressing the emergency necessitating such order 
and provides in the order, or otherwise makes publicly available, an 
explanation of such determination.
    ``(5) If an order issued under this subsection is subsequently 
stayed, modified, or set aside by a court pursuant to section 313 or any 
other provision of law, any omission or action previously taken by a 
party that was necessary to comply with the order while the order was in 
effect, including any omission or action taken to voluntarily comply 
with the order, shall remain subject to paragraph (3).''.
    (b) Temporary Connection or Construction by Municipalities.--Section 
202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended by 
inserting ``or municipality'' before ``engaged in the transmission or 
sale of electric energy''.
SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    (a) Critical Electric Infrastructure Security.--Part II of the 
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after 
section 215 the following new section:
``SEC. 215A. <<NOTE: 16 USC 824o-1.>> CRITICAL ELECTRIC 
                          INFRASTRUCTURE SECURITY.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Bulk-power system; electric reliability organization; 
        regional entity.--The terms `bulk-power system', `Electric 
        Reliability Organization', and `regional entity' have the 
        meanings given such terms in paragraphs (1), (2), and (7) of 
        section 215(a), respectively.
            ``(2) Critical electric infrastructure.--The term `critical 
        electric infrastructure' means a system or asset of the bulk-
        power system, whether physical or virtual, the incapacity or 
        destruction of which would negatively affect national security, 
        economic security, public health or safety, or any combination 
        of such matters.
            ``(3) Critical electric infrastructure information.--The 
        term `critical electric infrastructure information' means 
        information related to critical electric infrastructure, or 
        proposed critical electrical infrastructure, generated by or 
        provided to the Commission or other Federal agency, other than 
        classified national security information, that is designated as 
        critical electric infrastructure information by the Commission 
        or the Secretary pursuant to subsection (d). Such term includes 
        information that qualifies as critical energy infrastructure 
        information under the Commission's regulations.
            ``(4) Defense critical electric infrastructure.--The term 
        `defense critical electric infrastructure' means any electric 
        infrastructure located in any of the 48 contiguous States or the 
        District of Columbia that serves a facility designated by the 
        Secretary pursuant to subsection (c), but is not owned or 
        operated by the owner or operator of such facility.

[[Page 129 STAT. 1774]]

            ``(5) Electromagnetic pulse.--The term `electromagnetic 
        pulse' means 1 or more pulses of electromagnetic energy emitted 
        by a device capable of disabling or disrupting operation of, or 
        destroying, electronic devices or communications networks, 
        including hardware, software, and data, by means of such a 
        pulse.
            ``(6) Geomagnetic storm.--The term `geomagnetic storm' means 
        a temporary disturbance of the Earth's magnetic field resulting 
        from solar activity.
            ``(7) Grid security emergency.--The term `grid security 
        emergency' means the occurrence or imminent danger of--
                    ``(A)(i) a malicious act using electronic 
                communication or an electromagnetic pulse, or a 
                geomagnetic storm event, that could disrupt the 
                operation of those electronic devices or communications 
                networks, including hardware, software, and data, that 
                are essential to the reliability of critical electric 
                infrastructure or of defense critical electric 
                infrastructure; and
                    ``(ii) disruption of the operation of such devices 
                or networks, with significant adverse effects on the 
                reliability of critical electric infrastructure or of 
                defense critical electric infrastructure, as a result of 
                such act or event; or
                    ``(B)(i) a direct physical attack on critical 
                electric infrastructure or on defense critical electric 
                infrastructure; and
                    ``(ii) significant adverse effects on the 
                reliability of critical electric infrastructure or of 
                defense critical electric infrastructure as a result of 
                such physical attack.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Energy.

    ``(b) Authority to Address Grid Security Emergency.--
            ``(1) Authority.--Whenever the President issues and provides 
        to the Secretary a written directive or determination 
        identifying a grid security emergency, the Secretary may, with 
        or without notice, hearing, or report, issue such orders for 
        emergency measures as are necessary in the judgment of the 
        Secretary to protect or restore the reliability of critical 
        electric infrastructure or of defense critical electric 
        infrastructure during such emergency. As soon as practicable but 
        not later than 180 days after the date of enactment of this 
        section, the Secretary shall, after notice and opportunity for 
        comment, establish rules of procedure that ensure that such 
        authority can be exercised expeditiously.
            ``(2) Notification of congress.--Whenever the President 
        issues and provides to the Secretary a written directive or 
        determination under paragraph (1), the President shall promptly 
        notify congressional committees of relevant jurisdiction, 
        including the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate, of the contents of, and justification 
        for, such directive or determination.
            ``(3) Consultation.--Before issuing an order for emergency 
        measures under paragraph (1), the Secretary shall, to the extent 
        practicable in light of the nature of the grid security 
        emergency and the urgency of the need for action, consult with 
        appropriate governmental authorities in Canada and Mexico, 
        entities described in paragraph (4), the Electricity Sub-sector 
        Coordinating Council, the Commission, and other appropriate 
        Federal

[[Page 129 STAT. 1775]]

        agencies regarding implementation of such emergency measures.
            ``(4) Application.--An order for emergency measures under 
        this subsection may apply to--
                    ``(A) the Electric Reliability Organization;
                    ``(B) a regional entity; or
                    ``(C) any owner, user, or operator of critical 
                electric infrastructure or of defense critical electric 
                infrastructure within the United States.
            ``(5) Expiration and reissuance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an order for emergency measures issued 
                under paragraph (1) shall expire no later than 15 days 
                after its issuance.
                    ``(B) Extensions.--The Secretary may reissue an 
                order for emergency measures issued under paragraph (1) 
                for subsequent periods, not to exceed 15 days for each 
                such period, provided that the President, for each such 
                period, issues and provides to the Secretary a written 
                directive or determination that the grid security 
                emergency identified under paragraph (1) continues to 
                exist or that the emergency measure continues to be 
                required.
            ``(6) Cost recovery.--
                    ``(A) Critical electric infrastructure.--If the 
                Commission determines that owners, operators, or users 
                of critical electric infrastructure have incurred 
                substantial costs to comply with an order for emergency 
                measures issued under this subsection and that such 
                costs were prudently incurred and cannot reasonably be 
                recovered through regulated rates or market prices for 
                the electric energy or services sold by such owners, 
                operators, or users, the Commission shall, consistent 
                with the requirements of section 205, after notice and 
                an opportunity for comment, establish a mechanism that 
                permits such owners, operators, or users to recover such 
                costs.
                    ``(B) Defense critical electric infrastructure.--To 
                the extent the owner or operator of defense critical 
                electric infrastructure is required to take emergency 
                measures pursuant to an order issued under this 
                subsection, the owners or operators of a critical 
                defense facility or facilities designated by the 
                Secretary pursuant to subsection (c) that rely upon such 
                infrastructure shall bear the full incremental costs of 
                the measures.
            ``(7) Temporary access to classified information.--The 
        Secretary, and other appropriate Federal agencies, shall, to the 
        extent practicable and consistent with their obligations to 
        protect classified information, provide temporary access to 
        classified information related to a grid security emergency for 
        which emergency measures are issued under paragraph (1) to key 
        personnel of any entity subject to such emergency measures to 
        enable optimum communication between the entity and the 
        Secretary and other appropriate Federal agencies regarding the 
        grid security emergency.

    ``(c) Designation of Critical Defense Facilities.--Not later than 
180 days after the date of enactment of this section, the Secretary, in 
consultation with other appropriate Federal agencies and appropriate 
owners, users, or operators of infrastructure that

[[Page 129 STAT. 1776]]

may be defense critical electric infrastructure, shall identify and 
designate facilities located in the 48 contiguous States and the 
District of Columbia that are--
            ``(1) critical to the defense of the United States; and
            ``(2) vulnerable to a disruption of the supply of electric 
        energy provided to such facility by an external provider.

The Secretary may, in consultation with appropriate Federal agencies and 
appropriate owners, users, or operators of defense critical electric 
infrastructure, periodically revise the list of designated facilities as 
necessary.
    ``(d) Protection and Sharing of Critical Electric Infrastructure 
Information.--
            ``(1) Protection of critical electric infrastructure 
        information.--Critical electric infrastructure information--
                    ``(A) shall be exempt from disclosure under section 
                552(b)(3) of title 5, United States Code; and
                    ``(B) shall not be made available by any Federal, 
                State, political subdivision or tribal authority 
                pursuant to any Federal, State, political subdivision or 
                tribal law requiring public disclosure of information or 
                records.
            ``(2) Designation and sharing of critical electric 
        infrastructure information.--Not later than one year after the 
        date of enactment of this section, the Commission, after 
        consultation with the Secretary, shall promulgate such 
        regulations as necessary to--
                    ``(A) establish criteria and procedures to designate 
                information as critical electric infrastructure 
                information;
                    ``(B) prohibit the unauthorized disclosure of 
                critical electric infrastructure information;
                    ``(C) ensure there are appropriate sanctions in 
                place for Commissioners, officers, employees, or agents 
                of the Commission or the Department of Energy who 
                knowingly and willfully disclose critical electric 
                infrastructure information in a manner that is not 
                authorized under this section; and
                    ``(D) taking into account standards of the Electric 
                Reliability Organization, facilitate voluntary sharing 
                of critical electric infrastructure information with, 
                between, and by--
                          ``(i) Federal, State, political subdivision, 
                      and tribal authorities;
                          ``(ii) the Electric Reliability Organization;
                          ``(iii) regional entities;
                          ``(iv) information sharing and analysis 
                      centers established pursuant to Presidential 
                      Decision Directive 63;
                          ``(v) owners, operators, and users of critical 
                      electric infrastructure in the United States; and
                          ``(vi) other entities determined appropriate 
                      by the Commission.
            ``(3) Authority to designate.--Information may be designated 
        by the Commission or the Secretary as critical electric 
        infrastructure information pursuant to the criteria and 
        procedures established by the Commission under paragraph (2)(A).

[[Page 129 STAT. 1777]]

            ``(4) Considerations.--In exercising their respective 
        authorities under this subsection, the Commission and the 
        Secretary shall take into consideration the role of State 
        commissions in reviewing the prudence and cost of investments, 
        determining the rates and terms of conditions for electric 
        services, and ensuring the safety and reliability of the bulk-
        power system and distribution facilities within their respective 
        jurisdictions.
            ``(5) Protocols.--The Commission and the Secretary shall, in 
        consultation with Canadian and Mexican authorities, develop 
        protocols for the voluntary sharing of critical electric 
        infrastructure information with Canadian and Mexican authorities 
        and owners, operators, and users of the bulk-power system 
        outside the United States.
            ``(6) No required sharing of information.--Nothing in this 
        section shall require a person or entity in possession of 
        critical electric infrastructure information to share such 
        information with Federal, State, political subdivision, or 
        tribal authorities, or any other person or entity.
            ``(7) Submission of information to congress.--Nothing in 
        this section shall permit or authorize the withholding of 
        information from Congress, any committee or subcommittee 
        thereof, or the Comptroller General.
            ``(8) Disclosure of nonprotected information.--In 
        implementing this section, the Commission and the Secretary 
        shall segregate critical electric infrastructure information or 
        information that reasonably could be expected to lead to the 
        disclosure of the critical electric infrastructure information 
        within documents and electronic communications, wherever 
        feasible, to facilitate disclosure of information that is not 
        designated as critical electric infrastructure information.
            ``(9) Duration of designation.--Information may not be 
        designated as critical electric infrastructure information for 
        longer than 5 years, unless specifically re-designated by the 
        Commission or the Secretary, as appropriate.
            ``(10) Removal of designation.--The Commission or the 
        Secretary, as appropriate, shall remove the designation of 
        critical electric infrastructure information, in whole or in 
        part, from a document or electronic communication if the 
        Commission or the Secretary, as appropriate, determines that the 
        unauthorized disclosure of such information could no longer be 
        used to impair the security or reliability of the bulk-power 
        system or distribution facilities.
            ``(11) Judicial review of designations.--Notwithstanding 
        section 313(b), with respect to a petition filed by a person to 
        which an order under this section applies, any determination by 
        the Commission or the Secretary concerning the designation of 
        critical electric infrastructure information under this 
        subsection shall be subject to review under chapter 7 of title 
        5, United States Code, except that such review shall be brought 
        in the district court of the United States in the district in 
        which the complainant resides, or has his principal place of 
        business, or in the District of Columbia. In such a case the 
        court shall examine in camera the contents of documents or 
        electronic communications that are the subject of the 
        determination under review to determine whether such documents 
        or any part thereof were improperly designated or not designated 
        as critical electric infrastructure information.

[[Page 129 STAT. 1778]]

    ``(e) Security Clearances.--The Secretary shall facilitate and, to 
the extent practicable, expedite the acquisition of adequate security 
clearances by key personnel of any entity subject to the requirements of 
this section, to enable optimum communication with Federal agencies 
regarding threats to the security of the critical electric 
infrastructure. The Secretary, the Commission, and other appropriate 
Federal agencies shall, to the extent practicable and consistent with 
their obligations to protect classified and critical electric 
infrastructure information, share timely actionable information 
regarding grid security with appropriate key personnel of owners, 
operators, and users of the critical electric infrastructure.
    ``(f) Clarifications of Liability.--
            ``(1) Compliance with or violation of this act.--Except as 
        provided in paragraph (4), to the extent any action or omission 
        taken by an entity that is necessary to comply with an order for 
        emergency measures issued under subsection (b)(1), including any 
        action or omission taken to voluntarily comply with such order, 
        results in noncompliance with, or causes such entity not to 
        comply with any rule, order, regulation, or provision of this 
        Act, including any reliability standard approved by the 
        Commission pursuant to section 215, such action or omission 
        shall not be considered a violation of such rule, order, 
        regulation, or provision.
            ``(2) Relation to section 202(c).--Except as provided in 
        paragraph (4), an action or omission taken by an owner, 
        operator, or user of critical electric infrastructure or of 
        defense critical electric infrastructure to comply with an order 
        for emergency measures issued under subsection (b)(1) shall be 
        treated as an action or omission taken to comply with an order 
        issued under section 202(c) for purposes of such section.
            ``(3) Sharing or receipt of information.--No cause of action 
        shall lie or be maintained in any Federal or State court for the 
        sharing or receipt of information under, and that is conducted 
        in accordance with, subsection (d).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to require dismissal of a cause of action 
        against an entity that, in the course of complying with an order 
        for emergency measures issued under subsection (b)(1) by taking 
        an action or omission for which they would be liable but for 
        paragraph (1) or (2 ), takes such action or omission in a 
        grossly negligent manner.''.

    (b) Conforming Amendments.--
            (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
        Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
        after ``215,'' each place it appears.
            (2) Public utility.--Section 201(e) of the Federal Power Act 
        (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after 
        ``215,''.

    (c) <<NOTE: 6 USC 121 note.>> Enhanced Grid Security.--
            (1) Definitions.--In this subsection:
                    (A) Critical electric infrastructure; critical 
                electric infrastructure information.--The terms 
                ``critical electric infrastructure'' and ``critical 
                electric infrastructure information'' have the meanings 
                given those terms in section 215A of the Federal Power 
                Act.

[[Page 129 STAT. 1779]]

                    (B) Sector-specific agency.--The term ``Sector-
                Specific Agency'' has the meaning given that term in the 
                Presidential Policy Directive entitled ``Critical 
                Infrastructure Security and Resilience'', numbered 21, 
                and dated February 12, 2013.
            (2) Sector-specific agency for cybersecurity for the energy 
        sector.--
                    (A) In general.--The Department of Energy shall be 
                the lead Sector-Specific Agency for cybersecurity for 
                the energy sector.
                    (B) Duties.--As head of the designated Sector-
                Specific Agency for cybersecurity, the duties of the 
                Secretary of Energy shall include--
                          (i) coordinating with the Department of 
                      Homeland Security and other relevant Federal 
                      departments and agencies;
                          (ii) collaborating with--
                                    (I) critical electric infrastructure 
                                owners and operators; and
                                    (II) as appropriate--
                                            (aa) independent regulatory 
                                        agencies; and
                                            (bb) State, local, tribal, 
                                        and territorial entities;
                                            (cc) serving as a day-to-day 
                                        Federal interface for the 
                                        dynamic prioritization and 
                                        coordination of sector-specific 
                                        activities;
                                            (dd) carrying out incident 
                                        management responsibilities 
                                        consistent with applicable law 
                                        (including regulations) and 
                                        other appropriate policies or 
                                        directives;
                                            (ee) providing, supporting, 
                                        or facilitating technical 
                                        assistance and consultations for 
                                        the energy sector to identify 
                                        vulnerabilities and help 
                                        mitigate incidents, as 
                                        appropriate; and
                                            (ff) supporting the 
                                        reporting requirements of the 
                                        Department of Homeland Security 
                                        under applicable law by 
                                        providing, on an annual basis, 
                                        sector-specific critical 
                                        electric infrastructure 
                                        information.
SEC. 61004. STRATEGIC TRANSFORMER RESERVE.

    (a) Finding.--Congress finds that the storage of strategically 
located spare large power transformers and emergency mobile substations 
will reduce the vulnerability of the United States to multiple risks 
facing electric grid reliability, including physical attack, cyber 
attack, electromagnetic pulse, geomagnetic disturbances, severe weather, 
and seismic events.
    (b) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given such term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Critically damaged large power transformer.--The term 
        ``critically damaged large power transformer'' means a large 
        power transformer that--
                    (A) has sustained extensive damage such that--
                          (i) repair or refurbishment is not 
                      economically viable; or

[[Page 129 STAT. 1780]]

                          (ii) the extensive time to repair or refurbish 
                      the large power transformer would create an 
                      extended period of instability in the bulk-power 
                      system; and
                    (B) prior to sustaining such damage, was part of the 
                bulk-power system.
            (3) Critical electric infrastructure.--The term ``critical 
        electric infrastructure'' has the meaning given that term in 
        section 215A of the Federal Power Act.
            (4) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given such term in 
        section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (5) Emergency mobile substation.--The term ``emergency 
        mobile substation'' means a mobile substation or mobile 
        transformer that is--
                    (A) assembled and permanently mounted on a trailer 
                that is capable of highway travel and meets relevant 
                Department of Transportation regulations; and
                    (B) intended for express deployment and capable of 
                being rapidly placed into service.
            (6) Large power transformer.--The term ``large power 
        transformer'' means a power transformer with a maximum nameplate 
        rating of 100 megavolt-amperes or higher, including related 
        critical equipment, that is, or is intended to be, a part of the 
        bulk-power system.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (8) Spare large power transformer.--The term ``spare large 
        power transformer'' means a large power transformer that is 
        stored within the Strategic Transformer Reserve to be available 
        to temporarily replace a critically damaged large power 
        transformer.

    (c) Strategic Transformer Reserve Plan.--
            (1) Plan.--Not later than 1 year after the date of enactment 
        of this Act, the Secretary, acting through the Office of 
        Electricity Delivery and Energy Reliability, shall, in 
        consultation with the Federal Energy Regulatory Commission, the 
        Electricity Sub-sector Coordinating Council, the Electric 
        Reliability Organization, and owners and operators of critical 
        electric infrastructure and defense and military installations, 
        prepare and submit to Congress a plan to establish a Strategic 
        Transformer Reserve for the storage, in strategically located 
        facilities, of spare large power transformers and emergency 
        mobile substations in sufficient numbers to temporarily replace 
        critically damaged large power transformers and substations that 
        are critical electric infrastructure or serve defense and 
        military installations.
            (2) Inclusions.--The Strategic Transformer Reserve plan 
        shall include a description of--
                    (A) the appropriate number and type of spare large 
                power transformers necessary to provide or restore 
                sufficient resiliency to the bulk-power system, critical 
                electric infrastructure, and defense and military 
                installations to mitigate significant impacts to the 
                electric grid resulting from--
                          (i) physical attack;
                          (ii) cyber attack;
                          (iii) electromagnetic pulse attack;

[[Page 129 STAT. 1781]]

                          (iv) geomagnetic disturbances;
                          (v) severe weather; or
                          (vi) seismic events;
                    (B) other critical electric grid equipment for which 
                an inventory of spare equipment, including emergency 
                mobile substations, is necessary to provide or restore 
                sufficient resiliency to the bulk-power system, critical 
                electric infrastructure, and defense and military 
                installations;
                    (C) the degree to which utility sector actions or 
                initiatives, including individual utility ownership of 
                spare equipment, joint ownership of spare equipment 
                inventory, sharing agreements, or other spare equipment 
                reserves or arrangements, satisfy the needs identified 
                under subparagraphs (A) and (B);
                    (D) the potential locations for, and feasibility and 
                appropriate number of, strategic storage locations for 
                reserve equipment, including consideration of--
                          (i) the physical security of such locations;
                          (ii) the protection of the confidentiality of 
                      such locations; and
                          (iii) the proximity of such locations to sites 
                      of potentially critically damaged large power 
                      transformers and substations that are critical 
                      electric infrastructure or serve defense and 
                      military installations, so as to enable efficient 
                      delivery of equipment to such sites;
                    (E) the necessary degree of flexibility of spare 
                large power transformers to be included in the Strategic 
                Transformer Reserve to conform to different substation 
                configurations, including consideration of transformer--
                          (i) power and voltage rating for each winding;
                          (ii) overload requirements;
                          (iii) impedance between windings;
                          (iv) configuration of windings; and
                          (v) tap requirements;
                    (F) an estimate of the direct cost of the Strategic 
                Transformer Reserve, as proposed, including--
                          (i) the cost of storage facilities;
                          (ii) the cost of the equipment; and
                          (iii) management, maintenance, and operation 
                      costs;
                    (G) the funding options available to establish, 
                stock, manage, and maintain the Strategic Transformer 
                Reserve, including consideration of fees on owners and 
                operators of bulk-power system facilities, critical 
                electric infrastructure, and defense and military 
                installations relying on the Strategic Transformer 
                Reserve, use of Federal appropriations, and public-
                private cost-sharing options;
                    (H) the ease and speed of transportation, 
                installation, and energization of spare large power 
                transformers to be included in the Strategic Transformer 
                Reserve, including consideration of factors such as--
                          (i) transformer transportation weight;
                          (ii) transformer size;
                          (iii) topology of critical substations;
                          (iv) availability of appropriate transformer 
                      mounting pads;

[[Page 129 STAT. 1782]]

                          (v) flexibility of the spare large power 
                      transformers as described in subparagraph (E); and
                          (vi) ability to rapidly transition a spare 
                      large power transformer from storage to 
                      energization;
                    (I) eligibility criteria for withdrawal of equipment 
                from the Strategic Transformer Reserve;
                    (J) the process by which owners or operators of 
                critically damaged large power transformers or 
                substations that are critical electric infrastructure or 
                serve defense and military installations may apply for a 
                withdrawal from the Strategic Transformer Reserve;
                    (K) the process by which equipment withdrawn from 
                the Strategic Transformer Reserve is returned to the 
                Strategic Transformer Reserve or is replaced;
                    (L) possible fees to be paid by users of equipment 
                withdrawn from the Strategic Transformer Reserve;
                    (M) possible fees to be paid by owners and operators 
                of large power transformers and substations that are 
                critical electric infrastructure or serve defense and 
                military installations to cover operating costs of the 
                Strategic Transformer Reserve;
                    (N) the domestic and international large power 
                transformer supply chain;
                    (O) the potential reliability, cost, and operational 
                benefits of including emergency mobile substations in 
                any Strategic Transformer Reserve established under this 
                section; and
                    (P) other considerations for designing, 
                constructing, stocking, funding, and managing the 
                Strategic Transformer Reserve.

    (d) Disclosure of Information.--Any information included in the 
Strategic Transformer Reserve plan, or shared in the preparation and 
development of such plan, the disclosure of which could cause harm to 
critical electric infrastructure, shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code, and any State, tribal, 
or local law requiring disclosure of information or records.
SEC. 61005. ENERGY SECURITY VALUATION.

    (a) Establishment of Energy Security Valuation Methods.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Energy, in collaboration with the Secretary of State, shall develop and 
transmit, after public notice and comment, to the Committee on Energy 
and Commerce and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources and 
the Committee on Foreign Relations of the Senate a report that includes 
recommended United States energy security valuation methods. In 
developing the report, the Secretaries may consider the recommendations 
of the Administration's Quadrennial Energy Review released on April 21, 
2015. The report shall--
            (1) evaluate and define United States energy security to 
        reflect modern domestic and global energy markets and the 
        collective needs of the United States and its allies and 
        partners;
            (2) identify transparent and uniform or coordinated 
        procedures and criteria to ensure that energy-related actions 
        that significantly affect the supply, distribution, or use of 
        energy

[[Page 129 STAT. 1783]]

        are evaluated with respect to their potential impact on energy 
        security, including their impact on--
                    (A) consumers and the economy;
                    (B) energy supply diversity and resiliency;
                    (C) well-functioning and competitive energy markets;
                    (D) United States trade balance; and
                    (E) national security objectives; and
            (3) include a recommended implementation strategy that 
        identifies and aims to ensure that the procedures and criteria 
        referred to in paragraph (2) are--
                    (A) evaluated consistently across the Federal 
                Government; and
                    (B) weighed appropriately and balanced with 
                environmental considerations required by Federal law.

    (b) Participation.--In developing the report referred to in 
subsection (a), the Secretaries may consult with relevant Federal, 
State, private sector, and international participants, as appropriate 
and consistent with applicable law.

                     DIVISION G--FINANCIAL SERVICES

  TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO PUBLIC 
                            OFFERING.

    Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) 
is amended by striking ``21 days'' and inserting ``15 days''.
SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING GROWTH 
                            COMPANIES.

    Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) 
is further amended by adding at the end the following: ``An issuer that 
was an emerging growth company at the time it submitted a confidential 
registration statement or, in lieu thereof, a publicly filed 
registration statement for review under this subsection but ceases to be 
an emerging growth company thereafter shall continue to be treated as an 
emerging market growth company for the purposes of this subsection 
through the earlier of the date on which the issuer consummates its 
initial public offering pursuant to such registrations statement or the 
end of the 1-year period beginning on the date the company ceases to be 
an emerging growth company.''.
SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING GROWTH 
                            COMPANIES.

    Section 102 of the Jumpstart Our Business Startups Act (Public Law 
112-106) <<NOTE: 15 USC 77g note.>>  is amended by adding at the end the 
following:

    ``(d) Simplified Disclosure Requirements.--With respect to an 
emerging growth company (as such term is defined under section 2 of the 
Securities Act of 1933):
            ``(1) Requirement to include notice on forms s-1 and f-1.--
        Not later than 30 days after the date of enactment of this 
        subsection, the Securities and Exchange Commission shall

[[Page 129 STAT. 1784]]

        revise its general instructions on Forms S-1 and F-1 to indicate 
        that a registration statement filed (or submitted for 
        confidential review) by an issuer prior to an initial public 
        offering may omit financial information for historical periods 
        otherwise required by regulation S-X (17 CFR 210.1-01 et seq.) 
        as of the time of filing (or confidential submission) of such 
        registration statement, provided that--
                    ``(A) the omitted financial information relates to a 
                historical period that the issuer reasonably believes 
                will not be required to be included in the Form S-1 or 
                F-1 at the time of the contemplated offering; and
                    ``(B) prior to the issuer distributing a preliminary 
                prospectus to investors, such registration statement is 
                amended to include all financial information required by 
                such regulation S-X at the date of such amendment.
            ``(2) Reliance by issuers.--Effective 30 days after the date 
        of enactment of this subsection, an issuer filing a registration 
        statement (or submitting the statement for confidential review) 
        on Form S-1 or Form F-1 may omit financial information for 
        historical periods otherwise required by regulation S-X (17 CFR 
        210.1-01 et seq.) as of the time of filing (or confidential 
        submission) of such registration statement, provided that--
                    ``(A) the omitted financial information relates to a 
                historical period that the issuer reasonably believes 
                will not be required to be included in the Form S-1 or 
                Form F-1 at the time of the contemplated offering; and
                    ``(B) prior to the issuer distributing a preliminary 
                prospectus to investors, such registration statement is 
                amended to include all financial information required by 
                such regulation S-X at the date of such amendment.''.

        TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

SEC. 72001. <<NOTE: 15 USC 78m note.>> SUMMARY PAGE FOR FORM 10-K.

    Not later than the end of the 180-day period beginning on the date 
of the enactment of this Act, the Securities and Exchange Commission 
shall issue regulations to permit issuers to submit a summary page on 
form 10-K (17 CFR 249.310), but only if each item on such summary page 
includes a cross-reference (by electronic link or otherwise) to the 
material contained in form 10-K to which such item relates.
SEC. 72002. <<NOTE: 15 USC 77g note.>> IMPROVEMENT OF REGULATION 
                            S-K.

    Not later than the end of the 180-day period beginning on the date 
of the enactment of this Act, the Securities and Exchange Commission 
shall take all such actions to revise regulation S-K (17 CFR 229.10 et 
seq.)--
            (1) to further scale or eliminate requirements of regulation 
        S-K, in order to reduce the burden on emerging growth companies, 
        accelerated filers, smaller reporting companies, and other 
        smaller issuers, while still providing all material information 
        to investors;
            (2) to eliminate provisions of regulation S-K, required for 
        all issuers, that are duplicative, overlapping, outdated, or 
        unnecessary; and

[[Page 129 STAT. 1785]]

            (3) for which the Commission determines that no further 
        study under section 72203 is necessary to determine the efficacy 
        of such revisions to regulation S-K.
SEC. 72003. <<NOTE: 15 USC 77s note.>> STUDY ON MODERNIZATION AND 
                            SIMPLIFICATION OF REGULATION S-K.

    (a) Study.--The Securities and Exchange Commission shall carry out a 
study of the requirements contained in regulation S-K (17 CFR 229.10 et 
seq.). Such study shall--
            (1) determine how best to modernize and simplify such 
        requirements in a manner that reduces the costs and burdens on 
        issuers while still providing all material information;
            (2) emphasize a company by company approach that allows 
        relevant and material information to be disseminated to 
        investors without boilerplate language or static requirements 
        while preserving completeness and comparability of information 
        across registrants; and
            (3) evaluate methods of information delivery and 
        presentation and explore methods for discouraging repetition and 
        the disclosure of immaterial information.

    (b) Consultation.--In conducting the study required under subsection 
(a), the Commission shall consult with the Investor Advisory Committee 
and the Advisory Committee on Small and Emerging Companies.
    (c) Report.--Not later than the end of the 360-day period beginning 
on the date of enactment of this Act, the Commission shall issue a 
report to the Congress containing--
            (1) all findings and determinations made in carrying out the 
        study required under subsection (a);
            (2) specific and detailed recommendations on modernizing and 
        simplifying the requirements in regulation S-K in a manner that 
        reduces the costs and burdens on companies while still providing 
        all material information; and
            (3) specific and detailed recommendations on ways to improve 
        the readability and navigability of disclosure documents and to 
        discourage repetition and the disclosure of immaterial 
        information.

    (d) Rulemaking.--Not later than the end of the 360-day period 
beginning on the date that the report is issued to the Congress under 
subsection (c), the Commission shall issue a proposed rule to implement 
the recommendations of the report issued under subsection (c).
    (e) Rule of Construction.--Revisions made to regulation S-K by the 
Commission under section 202 shall not be construed as satisfying the 
rulemaking requirements under this section.

  TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND 
                              COST SAVINGS

SEC. 73001. TECHNICAL CORRECTIONS.

    Title 31, United States Code, is amended--
            (1) in section 5112--
                    (A) in subsection (q)--
                          (i) by striking paragraphs (3) and (8); and

[[Page 129 STAT. 1786]]

                          (ii) by redesignating paragraphs (4), (5), 
                      (6), and (7) as paragraphs (3), (4), (5), and (6), 
                      respectively;
                    (B) in subsection (t)(6)(B), by striking ``90 
                percent silver and 10 percent copper'' and inserting 
                ``not less than 90 percent silver''; and
                    (C) in subsection (v)--
                          (i) in paragraph (1), by striking ``Subject 
                      to'' and all that follows through ``the Secretary 
                      shall'' and inserting ``The Secretary shall'';
                          (ii) in paragraph (2)(A), by striking ``The 
                      Secretary'' and inserting ``To the greatest extent 
                      possible, the Secretary'';
                          (iii) in paragraph (5), by inserting after 
                      ``may issue'' the following: ``collectible 
                      versions of''; and
                          (iv) by striking paragraph (8); and
            (2) in section 5132(a)(2)(B)(i), by striking ``90 percent 
        silver and 10 percent copper'' and inserting ``not less than 90 
        percent silver''.
SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.

    Proof and uncirculated versions of coins issued by the Secretary of 
the Treasury pursuant to subsection (e) of section 5112 of title 31, 
United States Code, during calendar year 2016 shall have a smooth edge 
incused with a designation that notes the 30th anniversary of the first 
issue of coins under such subsection.

                    TITLE LXXIV--SBIC ADVISERS RELIEF

SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS.

    Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-3(l)) is amended--
            (1) by striking ``No investment adviser'' and inserting the 
        following:
            ``(1) In general.--No investment adviser''; and
            (2) by adding at the end the following:
            ``(2) Advisers of sbics.--For purposes of this subsection, a 
        venture capital fund includes an entity described in 
        subparagraph (A), (B), or (C) of subsection (b)(7) (other than 
        an entity that has elected to be regulated or is regulated as a 
        business development company pursuant to section 54 of the 
        Investment Company Act of 1940).''.
SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.

    Section 203(m) of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-3(m)) is amended by adding at the end the following:
            ``(3) Advisers of sbics.--For purposes of this subsection, 
        the assets under management of a private fund that is an entity 
        described in subparagraph (A), (B), or (C) of subsection (b)(7) 
        (other than an entity that has elected to be regulated or is 
        regulated as a business development company pursuant to section 
        54 of the Investment Company Act of 1940) shall be excluded from 
        the limit set forth in paragraph (1).''.
SEC. 74003. RELATIONSHIP TO STATE LAW.

    Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-3a(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;

[[Page 129 STAT. 1787]]

            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) that is not registered under section 203 
                because that person is exempt from registration as 
                provided in subsection (b)(7) of such section, or is a 
                supervised person of such person.''.

             TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER 
                            THE GRAMM-LEACH-BLILEY ACT.

    Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is 
amended by adding at the end the following:
    ``(f) Exception to Annual Notice Requirement.--A financial 
institution that--
            ``(1) provides nonpublic personal information only in 
        accordance with the provisions of subsection (b)(2) or (e) of 
        section 502 or regulations prescribed under section 504(b), and
            ``(2) has not changed its policies and practices with regard 
        to disclosing nonpublic personal information from the policies 
        and practices that were disclosed in the most recent disclosure 
        sent to consumers in accordance with this section,

shall not be required to provide an annual disclosure under this section 
until such time as the financial institution fails to comply with any 
criteria described in paragraph (1) or (2).''.

  TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

SEC. 76001. EXEMPTED TRANSACTIONS.

    (a) Exempted Transactions.--Section 4 of the Securities Act of 1933 
(15 U.S.C. 77d) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(7) transactions meeting the requirements of subsection 
        (d).'';
            (2) by redesignating the second subsection (b) (relating to 
        securities offered and sold in compliance with Rule 506 of 
        Regulation D) as subsection (c); and
            (3) by adding at the end the following:

    ``(d) Certain Accredited Investor Transactions.--The transactions 
referred to in subsection (a)(7) are transactions meeting the following 
requirements:
            ``(1) Accredited investor requirement.--Each purchaser is an 
        accredited investor, as that term is defined in section 
        230.501(a) of title 17, Code of Federal Regulations (or any 
        successor regulation).
            ``(2) Prohibition on general solicitation or advertising.--
        Neither the seller, nor any person acting on the seller's

[[Page 129 STAT. 1788]]

        behalf, offers or sells securities by any form of general 
        solicitation or general advertising.
            ``(3) Information requirement.--In the case of a transaction 
        involving the securities of an issuer that is neither subject to 
        section 13 or 15(d) of the Securities Exchange Act of 1934 (15 
        U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to 
        section 240.12g3-2(b) of title 17, Code of Federal Regulations, 
        nor a foreign government (as defined in section 230.405 of title 
        17, Code of Federal Regulations) eligible to register securities 
        under Schedule B, the seller and a prospective purchaser 
        designated by the seller obtain from the issuer, upon request of 
        the seller, and the seller in all cases makes available to a 
        prospective purchaser, the following information (which shall be 
        reasonably current in relation to the date of resale under this 
        section):
                    ``(A) The exact name of the issuer and the issuer's 
                predecessor (if any).
                    ``(B) The address of the issuer's principal 
                executive offices.
                    ``(C) The exact title and class of the security.
                    ``(D) The par or stated value of the security.
                    ``(E) The number of shares or total amount of the 
                securities outstanding as of the end of the issuer's 
                most recent fiscal year.
                    ``(F) The name and address of the transfer agent, 
                corporate secretary, or other person responsible for 
                transferring shares and stock certificates.
                    ``(G) A statement of the nature of the business of 
                the issuer and the products and services it offers, 
                which shall be presumed reasonably current if the 
                statement is as of 12 months before the transaction 
                date.
                    ``(H) The names of the officers and directors of the 
                issuer.
                    ``(I) The names of any persons registered as a 
                broker, dealer, or agent that shall be paid or given, 
                directly or indirectly, any commission or remuneration 
                for such person's participation in the offer or sale of 
                the securities.
                    ``(J) The issuer's most recent balance sheet and 
                profit and loss statement and similar financial 
                statements, which shall--
                          ``(i) be for such part of the 2 preceding 
                      fiscal years as the issuer has been in operation;
                          ``(ii) be prepared in accordance with 
                      generally accepted accounting principles or, in 
                      the case of a foreign private issuer, be prepared 
                      in accordance with generally accepted accounting 
                      principles or the International Financial 
                      Reporting Standards issued by the International 
                      Accounting Standards Board;
                          ``(iii) be presumed reasonably current if--
                                    ``(I) with respect to the balance 
                                sheet, the balance sheet is as of a date 
                                less than 16 months before the 
                                transaction date; and
                                    ``(II) with respect to the profit 
                                and loss statement, such statement is 
                                for the 12 months preceding the date of 
                                the issuer's balance sheet; and

[[Page 129 STAT. 1789]]

                          ``(iv) if the balance sheet is not as of a 
                      date less than 6 months before the transaction 
                      date, be accompanied by additional statements of 
                      profit and loss for the period from the date of 
                      such balance sheet to a date less than 6 months 
                      before the transaction date.
                    ``(K) To the extent that the seller is a control 
                person with respect to the issuer, a brief statement 
                regarding the nature of the affiliation, and a statement 
                certified by such seller that they have no reasonable 
                grounds to believe that the issuer is in violation of 
                the securities laws or regulations.
            ``(4) Issuers disqualified.--The transaction is not for the 
        sale of a security where the seller is an issuer or a 
        subsidiary, either directly or indirectly, of the issuer.
            ``(5) Bad actor prohibition.--Neither the seller, nor any 
        person that has been or will be paid (directly or indirectly) 
        remuneration or a commission for their participation in the 
        offer or sale of the securities, including solicitation of 
        purchasers for the seller is subject to an event that would 
        disqualify an issuer or other covered person under Rule 
        506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject 
        to a statutory disqualification described under section 3(a)(39) 
        of the Securities Exchange Act of 1934.
            ``(6) Business requirement.--The issuer is engaged in 
        business, is not in the organizational stage or in bankruptcy or 
        receivership, and is not a blank check, blind pool, or shell 
        company that has no specific business plan or purpose or has 
        indicated that the issuer's primary business plan is to engage 
        in a merger or combination of the business with, or an 
        acquisition of, an unidentified person.
            ``(7) Underwriter prohibition.--The transaction is not with 
        respect to a security that constitutes the whole or part of an 
        unsold allotment to, or a subscription or participation by, a 
        broker or dealer as an underwriter of the security or a 
        redistribution.
            ``(8) Outstanding class requirement.--The transaction is 
        with respect to a security of a class that has been authorized 
        and outstanding for at least 90 days prior to the date of the 
        transaction.

    ``(e) Additional Requirements.--
            ``(1) In general.--With respect to an exempted transaction 
        described under subsection (a)(7):
                    ``(A) Securities acquired in such transaction shall 
                be deemed to have been acquired in a transaction not 
                involving any public offering.
                    ``(B) Such transaction shall be deemed not to be a 
                distribution for purposes of section 2(a)(11).
                    ``(C) Securities involved in such transaction shall 
                be deemed to be restricted securities within the meaning 
                of Rule 144 (17 CFR 230.144).
            ``(2) Rule of construction.--The exemption provided by 
        subsection (a)(7) shall not be the exclusive means for 
        establishing an exemption from the registration requirements of 
        section 5.''.

    (b) Exemption in Connection With Certain Exempt Offerings.--Section 
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is 
amended--

[[Page 129 STAT. 1790]]

            (1) by redesignating the second subparagraph (D) and 
        subparagraph (E) as subparagraphs (E) and (F), respectively;
            (2) in subparagraph (E), as so redesignated, by striking ``; 
        or'' and inserting a semicolon;
            (3) in subparagraph (F), as so redesignated, by striking the 
        period and inserting ``; or''; and
            (4) by adding at the end the following new subparagraph:
                    ``(G) section 4(a)(7).''.

     TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.

    Section 222 of the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the 
end the following new subsection:
    ``(e) Distribution and Residual Receipts.--
            ``(1) Authority.--After the date of the enactment of this 
        subsection, the owner of a property subject to a plan of action 
        or use agreement pursuant to this section shall be entitled to 
        distribute--
                    ``(A) annually, all surplus cash generated by the 
                property, but only if the owner is in material 
                compliance with such use agreement including compliance 
                with prevailing physical condition standards established 
                by the Secretary; and
                    ``(B) notwithstanding any conflicting provision in 
                such use agreement, any funds accumulated in a residual 
                receipts account, but only if the owner is in material 
                compliance with such use agreement and has completed, or 
                set aside sufficient funds for completion of, any 
                capital repairs identified by the most recent third 
                party capital needs assessment.
            ``(2) Operation of property.--An owner that distributes any 
        amounts pursuant to paragraph (1) shall--
                    ``(A) continue to operate the property in accordance 
                with the affordability provisions of the use agreement 
                for the property for the remaining useful life of the 
                property;
                    ``(B) as required by the plan of action for the 
                property, continue to renew or extend any project-based 
                rental assistance contract for a term of not less than 
                20 years; and
                    ``(C) if the owner has an existing multi-year 
                project-based rental assistance contract for less than 
                20 years, have the option to extend the contract to a 
                20-year term.''.
SEC. 77002. FUTURE REFINANCINGS.

    Section 214 of the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the 
end the following new subsection:
    ``(c) Future Financing.--Neither this section, nor any plan of 
action or use agreement implementing this section, shall restrict an 
owner from obtaining a new loan or refinancing an existing loan secured 
by the project, or from distributing the proceeds of such a loan; except 
that, in conjunction with such refinancing--

[[Page 129 STAT. 1791]]

            ``(1) the owner shall provide for adequate rehabilitation 
        pursuant to a capital needs assessment to ensure long-term 
        sustainability of the property satisfactory to the lender or 
        bond issuance agency;
            ``(2) any resulting budget-based rent increase shall include 
        debt service on the new financing, commercially reasonable debt 
        service coverage, and replacement reserves as required by the 
        lender; and
            ``(3) for tenants of dwelling units not covered by a 
        project- or tenant-based rental subsidy, any rent increases 
        resulting from the refinancing transaction may not exceed 10 
        percent per year, except that--
                    ``(A) any tenant occupying a dwelling unit as of 
                time of the refinancing may not be required to pay for 
                rent and utilities, for the duration of such tenancy, an 
                amount that exceeds the greater of--
                          ``(i) 30 percent of the tenant's income; or
                          ``(ii) the amount paid by the tenant for rent 
                      and utilities immediately before such refinancing; 
                      and
                    ``(B) this paragraph shall not apply to any tenant 
                who does not provide the owner with proof of income.

Paragraph (3) may not be construed to limit any rent increases resulting 
from increased operating costs for a project.''.
SEC. 77003. <<NOTE: 12 USC 4104 note.>> IMPLEMENTATION.

    The Secretary of Housing and Urban Development shall issue any 
guidance that the Secretary considers necessary to carry out the 
provisions added by the amendments made by this title not later than the 
expiration of the 120-day period beginning on the date of the enactment 
of this Act.

            TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

SEC. 78001. REVIEWS OF FAMILY INCOMES.

    (a) In General.--The second sentence of paragraph (1) of section 
3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(1)) is 
amended by inserting before the period at the end the following: ``; 
except that, in the case of any family with a fixed income, as defined 
by the Secretary, after the initial review of the family's income, the 
public housing agency or owner shall not be required to conduct a review 
of the family's income for any year for which such family certifies, in 
accordance with such requirements as the Secretary shall establish, 
which shall include policies to adjust for inflation-based income 
changes, that 90 percent or more of the income of the family consists of 
fixed income, and that the sources of such income have not changed since 
the previous year, except that the public housing agency or owner shall 
conduct a review of each such family's income not less than once every 3 
years''.
    (b) Housing Choice Voucher Program.--Subparagraph (A) of section 
8(o)(5) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(5)(A)) is amended by striking ``not less than annually'' and 
inserting ``as required by section 3(a)(1) of this Act''.

[[Page 129 STAT. 1792]]

               TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.

    Subsection (g) of section 423 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ``private 
nonprofit organization,'' after ``unit of general local government,''.
SEC. 79002. REALLOCATION OF FUNDS.

    Paragraph (1) of section 414(d) of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11373(d)(1)) is amended by striking ``twice'' 
and inserting ``once''.

                  TITLE LXXX--CHILD SUPPORT ASSISTANCE

SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL CHILD 
                            SUPPORT ENFORCEMENT AGENCIES.

    Paragraph (4) of section 604(a) of the Fair Credit Reporting Act (15 
U.S.C. 1681b(a)(4)) is amended--
            (1) in subparagraph (A), by striking ``or determining the 
        appropriate level of such payments'' and inserting ``, 
        determining the appropriate level of such payments, or enforcing 
        a child support order, award, agreement, or judgment'';
            (2) in subparagraph (B)--
                    (A) by striking ``paternity'' and inserting 
                ``parentage''; and
                    (B) by adding ``and'' at the end;
            (3) by striking subparagraph (C); and
            (4) by redesignating subparagraph (D) as subparagraph (C).

               TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

SEC. 81001. <<NOTE: 42 USC 12712 note.>> BUDGET-NEUTRAL 
                            DEMONSTRATION PROGRAM FOR ENERGY AND 
                            WATER CONSERVATION IMPROVEMENTS AT 
                            MULTIFAMILY RESIDENTIAL UNITS.

    (a) Establishment.--The Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') shall establish a 
demonstration program under which the Secretary may execute budget-
neutral, performance-based agreements in fiscal years 2016 through 2019 
that result in a reduction in energy or water costs with such entities 
as the Secretary determines to be appropriate under which the entities 
shall carry out projects for energy or water conservation improvements 
at not more than 20,000 residential units in multifamily buildings 
participating in--
            (1) the project-based rental assistance program under 
        section 8 of the United States Housing Act of 1937 (42 U.S.C. 
        1437f), other than assistance provided under section 8(o) of 
        that Act;

[[Page 129 STAT. 1793]]

            (2) the supportive housing for the elderly program under 
        section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
            (3) the supportive housing for persons with disabilities 
        program under section 811(d)(2) of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 8013(d)(2)).

    (b) Requirements.--
            (1) Payments contingent on savings.--
                    (A) In general.--The Secretary shall provide to an 
                entity a payment under an agreement under this section 
                only during applicable years for which an energy or 
                water cost savings is achieved with respect to the 
                applicable multifamily portfolio of properties, as 
                determined by the Secretary, in accordance with 
                subparagraph (B).
                    (B) Payment methodology.--
                          (i) In general.--Each agreement under this 
                      section shall include a pay-for-success provision 
                      that--
                                    (I) shall serve as a payment 
                                threshold for the term of the agreement; 
                                and
                                    (II) requires that payments shall be 
                                contingent on realized cost savings 
                                associated with reduced utility 
                                consumption in the participating 
                                properties.
                          (ii) Limitations.--A payment made by the 
                      Secretary under an agreement under this section--
                                    (I) shall be contingent on 
                                documented utility savings; and
                                    (II) shall not exceed the utility 
                                savings achieved by the date of the 
                                payment, and not previously paid, as a 
                                result of the improvements made under 
                                the agreement.
                    (C) Third-party verification.--Savings payments made 
                by the Secretary under this section shall be based on a 
                measurement and verification protocol that includes at 
                least--
                          (i) establishment of a weather-normalized and 
                      occupancy-normalized utility consumption baseline 
                      established pre-retrofit;
                          (ii) annual third-party confirmation of actual 
                      utility consumption and cost for utilities;
                          (iii) annual third-party validation of the 
                      tenant utility allowances in effect during the 
                      applicable year and vacancy rates for each unit 
                      type; and
                          (iv) annual third-party determination of 
                      savings to the Secretary.
                An agreement under this section with an entity shall 
                provide that the entity shall cover costs associated 
                with third-party verification under this subparagraph.
            (2) Terms of performance-based agreements.--A performance-
        based agreement under this section shall include--
                    (A) the period that the agreement will be in effect 
                and during which payments may be made, which may not be 
                longer than 12 years;
                    (B) the performance measures that will serve as 
                payment thresholds during the term of the agreement;
                    (C) an audit protocol for the properties covered by 
                the agreement;

[[Page 129 STAT. 1794]]

                    (D) a requirement that payments shall be contingent 
                on realized cost savings associated with reduced utility 
                consumption in the participating properties; and
                    (E) such other requirements and terms as determined 
                to be appropriate by the Secretary.
            (3) Entity eligibility.--The Secretary shall--
                    (A) establish a competitive process for entering 
                into agreements under this section; and
                    (B) enter into such agreements only with entities 
                that, either jointly or individually, demonstrate 
                significant experience relating to--
                          (i) financing or operating properties 
                      receiving assistance under a program identified in 
                      subsection (a);
                          (ii) oversight of energy or water conservation 
                      programs, including oversight of contractors; and
                          (iii) raising capital for energy or water 
                      conservation improvements from charitable 
                      organizations or private investors.
            (4) Geographical diversity.--Each agreement entered into 
        under this section shall provide for the inclusion of properties 
        with the greatest feasible regional and State variance.
            (5) Properties.--A property may only be included in the 
        demonstration under this section only if the property is subject 
        to affordability restrictions for at least 15 years after the 
        date of the completion of any conservation improvements made to 
        the property under the demonstration program. Such restrictions 
        may be made through an extended affordability agreement for the 
        property under a new housing assistance payments contract with 
        the Secretary of Housing and Urban Development or through an 
        enforceable covenant with the owner of the property.

    (c) Plan and Reports.--
            (1) Plan.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Appropriations and Financial Services of the House 
        of Representatives and the Committees on Appropriations and 
        Banking, Housing, and Urban Affairs of the Senate a detailed 
        plan for the implementation of this section.
            (2) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall--
                    (A) conduct an evaluation of the program under this 
                section; and
                    (B) submit to Congress a report describing each 
                evaluation conducted under subparagraph (A).

    (d) Funding.--For each fiscal year during which an agreement under 
this section is in effect, the Secretary may use to carry out this 
section any funds appropriated to the Secretary for the renewal of 
contracts under a program described in subsection (a).

[[Page 129 STAT. 1795]]

 TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME 
                            MEMBERS OF A FEDERAL HOME LOAN BANK.

    (a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12 
U.S.C. 1424(a)) is amended by adding at the end the following new 
paragraph:
            ``(5) Certain privately insured credit unions.--
                    ``(A) In general.--Subject to the requirements of 
                subparagraph (B), a credit union shall be treated as an 
                insured depository institution for purposes of 
                determining the eligibility of such credit union for 
                membership in a Federal home loan bank under paragraphs 
                (1), (2), and (3).
                    ``(B) Certification by appropriate supervisor.--
                          ``(i) In general.--For purposes of this 
                      paragraph and subject to clause (ii), a credit 
                      union which lacks Federal deposit insurance and 
                      which has applied for membership in a Federal home 
                      loan bank may be treated as meeting all the 
                      eligibility requirements for Federal deposit 
                      insurance only if the appropriate supervisor of 
                      the State in which the credit union is chartered 
                      has determined that the credit union meets all the 
                      eligibility requirements for Federal deposit 
                      insurance as of the date of the application for 
                      membership.
                          ``(ii) Certification deemed valid.--If, in the 
                      case of any credit union to which clause (i) 
                      applies, the appropriate supervisor of the State 
                      in which such credit union is chartered fails to 
                      make a determination pursuant to such clause by 
                      the end of the 6-month period beginning on the 
                      date of the application, the credit union shall be 
                      deemed to have met the requirements of clause (i).
                    ``(C) Security interests of federal home loan bank 
                not avoidable.--Notwithstanding any provision of State 
                law authorizing a conservator or liquidating agent of a 
                credit union to repudiate contracts, no such provision 
                shall apply with respect to--
                          ``(i) any extension of credit from any Federal 
                      home loan bank to any credit union which is a 
                      member of any such bank pursuant to this 
                      paragraph; or
                          ``(ii) any security interest in the assets of 
                      such credit union securing any such extension of 
                      credit.
                    ``(D) Protection for certain federal home loan bank 
                advances.--Notwithstanding any State law to the 
                contrary, if a Bank makes an advance under section 10 to 
                a State-chartered credit union that is not federally 
                insured--
                          ``(i) the Bank's interest in any collateral 
                      securing such advance has the same priority and is 
                      afforded the same standing and rights that the 
                      security interest

[[Page 129 STAT. 1796]]

                      would have had if the advance had been made to a 
                      federally insured credit union; and
                          ``(ii) the Bank has the same right to access 
                      such collateral that the Bank would have had if 
                      the advance had been made to a federally insured 
                      credit union.''.

    (b) Copies of Audits of Private Insurers of Certain Depository 
Institutions Required To Be Provided to Supervisory Agencies.--Section 
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 
1831t(a)(2)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting at the end the following new clause:
                          ``(iii) in the case of depository institutions 
                      described in subsection (e)(2)(A) the deposits of 
                      which are insured by the private insurer which are 
                      members of a Federal home loan bank, to the 
                      Federal Housing Finance Agency, not later than 7 
                      days after the audit is completed.''.
SEC. 82002. GAO REPORT.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall conduct a study and 
submit a report to Congress--
            (1) on the adequacy of insurance reserves held by a private 
        deposit insurer that insures deposits in an entity described in 
        section 43(e)(2)(A) of the Federal Deposit Insurance Act (12 
        U.S.C. 1831t(e)(2)(A)); and
            (2) for an entity described in paragraph (1) the deposits of 
        which are insured by a private deposit insurer, information on 
        the level of compliance with Federal regulations relating to the 
        disclosure of a lack of Federal deposit insurance.

               TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH 
                            EXAMINATION CYCLE.

    Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1820(d)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking 
                ``$500,000,000'' and inserting ``$1,000,000,000''; and
                    (B) in subparagraph (C)(ii), by striking 
                ``$100,000,000'' and inserting ``$200,000,000''; and
            (2) in paragraph (10)--
                    (A) by striking ``$100,000,000'' and inserting 
                ``$200,000,000''; and
                    (B) by striking ``$500,000,000'' and inserting 
                ``$1,000,000,000''.

[[Page 129 STAT. 1797]]

             TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

SEC. 84001. <<NOTE: 15 USC 77g note.>> FORWARD INCORPORATION BY 
                            REFERENCE FOR FORM S-1.

    Not later than 45 days after the date of the enactment of this Act, 
the Securities and Exchange Commission shall revise Form S-1 so as to 
permit a smaller reporting company (as defined in section 230.405 of 
title 17, Code of Federal Regulations) to incorporate by reference in a 
registration statement filed on such form any documents that such 
company files with the Commission after the effective date of such 
registration statement.

    TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN HOLDING 
                            COMPANIES.

    The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is 
amended--
            (1) <<NOTE: 12 USC 78l.>> in section 12(g)--
                    (A) in paragraph (1)(B), by inserting after ``is a 
                bank'' the following: ``, a savings and loan holding 
                company (as defined in section 10 of the Home Owners' 
                Loan Act),''; and
                    (B) in paragraph (4), by inserting after ``case of a 
                bank'' the following: ``, a savings and loan holding 
                company (as defined in section 10 of the Home Owners' 
                Loan Act),''; and
            (2) <<NOTE: 12 USC 78o.>> in section 15(d), by striking 
        ``case of bank'' and inserting the following: ``case of a bank, 
        a savings and loan holding company (as defined in section 10 of 
        the Home Owners' Loan Act),''.

          TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

SEC. 86001. REPEAL.

    (a) Derivatives Clearing Organizations.--Section 5b(k)(5) of the 
Commodity Exchange Act (7 U.S.C. 7a-1(k)(5)) is amended to read as 
follows:
            ``(5) Confidentiality agreement.--Before the Commission may 
        share information with any entity described in paragraph (4), 
        the Commission shall receive a written agreement from each 
        entity stating that the entity shall abide by the 
        confidentiality requirements described in section 8 relating to 
        the information on swap transactions that is provided.''.

    (b) Swap Data Repositories.--Section 21 of the Commodity Exchange 
Act (7 U.S.C. 24a(d)) is amended--
            (1) in subsection (c)(7)--

[[Page 129 STAT. 1798]]

                    (A) in the matter preceding subparagraph (A), by 
                striking ``all'' and inserting ``swap''; and
                    (B) in subparagraph (E)--
                          (i) in clause (ii), by striking ``and'' at the 
                      end; and
                          (ii) by adding at the end the following:
                          ``(iv) other foreign authorities; and''; and
            (2) by striking subsection (d) and inserting the following:

    ``(d) Confidentiality Agreement.--Before the swap data repository 
may share information with any entity described in subsection (c)(7), 
the swap data repository shall receive a written agreement from each 
entity stating that the entity shall abide by the confidentiality 
requirements described in section 8 relating to the information on swap 
transactions that is provided.''.
    (c) Security-based Swap Data Repositories.--Section 13(n)(5) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5)) is amended--
            (1) in subparagraph (G)--
                    (A) in the matter preceding clause (i), by striking 
                ``all'' and inserting ``security-based swap''; and
                    (B) in clause (v)--
                          (i) in subclause (II), by striking ``; and'' 
                      and inserting a semicolon;
                          (ii) in subclause (III), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                                    ``(IV) other foreign authorities.''; 
                                and
            (2) by striking subparagraph (H) and inserting the 
        following:
                    ``(H) Confidentiality agreement.--Before the 
                security-based swap data repository may share 
                information with any entity described in subparagraph 
                (G), the security-based swap data repository shall 
                receive a written agreement from each entity stating 
                that the entity shall abide by the confidentiality 
                requirements described in section 24 relating to the 
                information on security-based swap transactions that is 
                provided.''.

    (d) <<NOTE: 7 USC 7a-1 note.>> Effective Date.--The amendments made 
by this section shall take effect as if enacted as part of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203).

   TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER 
                              INSTITUTIONS

SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS.

    Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12 
U.S.C. 5371(b)(4)(C)) is amended by inserting ``or March 31, 2010,'' 
after ``December 31, 2009,''.

[[Page 129 STAT. 1799]]

TITLE LXXXVIII <<NOTE: State Licensing Efficiency Act of 2015.>> --STATE 
LICENSING EFFICIENCY
SEC. 88001. <<NOTE: 12 USC 5101 note.>> SHORT TITLE.

    This title may be cited as the ``State Licensing Efficiency Act of 
2015''.
SEC. 88002. BACKGROUND CHECKS.

    Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 2008 (12 
U.S.C. 5110(a)) is amended--
            (1) by inserting ``and other financial service providers'' 
        after ``State-licensed loan originators''; and
            (2) by inserting ``or other financial service providers'' 
        before the period at the end.

     TITLE LXXXIX <<NOTE: Helping Expand Lending Practices in Rural 
 Communities Act of 2015.>> --HELPING EXPAND LENDING PRACTICES IN RURAL 
COMMUNITIES
SEC. 89001. <<NOTE: 15 USC 1601 note.>> SHORT TITLE.

    This title may be cited as the ``Helping Expand Lending Practices in 
Rural Communities Act of 2015'' or the ``HELP Rural Communities Act of 
2015''.
SEC. 89002. <<NOTE: 12 USC 5512 note.>> DESIGNATION OF RURAL AREA.

    (a) Application.--Not later than 90 days after the date of the 
enactment of this Act, the Bureau of Consumer Financial Protection shall 
establish an application process under which a person who lives or does 
business in a State may, with respect to an area identified by the 
person in such State that has not been designated by the Bureau as a 
rural area for purposes of a Federal consumer financial law (as defined 
under section 1002 of the Consumer Financial Protection Act of 2010), 
apply for such area to be so designated.
    (b) Evaluation Criteria.--When evaluating an application submitted 
under subsection (a), the Bureau shall take into consideration the 
following factors:
            (1) Criteria used by the Director of the Bureau of the 
        Census for classifying geographical areas as rural or urban.
            (2) Criteria used by the Director of the Office of 
        Management and Budget to designate counties as metropolitan or 
        micropolitan or neither.
            (3) Criteria used by the Secretary of Agriculture to 
        determine property eligibility for rural development programs.
            (4) The Department of Agriculture rural-urban commuting area 
        codes.
            (5) A written opinion provided by the State's bank 
        supervisor, as defined under section 3(r) of the Federal Deposit 
        Insurance Act (12 U.S.C. 1813(r)).
            (6) Population density.

    (c) Rule of Construction.--If, at any time prior to the submission 
of an application under subsection (a), the area subject to review has 
been designated as nonrural by any Federal agency described under 
subsection (b) using any of the criteria described

[[Page 129 STAT. 1800]]

under subsection (b), the Bureau shall not be required to consider such 
designation in its evaluation.
    (d) Public Comment Period.--
            (1) In general.--Not later than 60 days after receiving an 
        application submitted under subsection (a), the Bureau shall--
                    (A) publish such application in the Federal 
                Register; and
                    (B) make such application available for public 
                comment for not fewer than 90 days.
            (2)  Limitation on additional applications.--Nothing in this 
        section shall be construed to require the Bureau, during the 
        public comment period with respect to an application submitted 
        under subsection (a), to accept an additional application with 
        respect to the area that is the subject of the initial 
        application.

    (e) Decision on Designation.--Not later than 90 days after the end 
of the public comment period under subsection (d)(1) for an application, 
the Bureau shall--
            (1) grant or deny such application, in whole or in part; and
            (2) publish such grant or denial in the Federal Register, 
        along with an explanation of what factors the Bureau relied on 
        in making such determination.

    (f) Subsequent Applications.--A decision by the Bureau under 
subsection (e) to deny an application for an area to be designated as a 
rural area shall not preclude the Bureau from accepting a subsequent 
application submitted under subsection (a) for such area to be so 
designated, so long as such subsequent application is made after the end 
of the 90-day period beginning on the date that the Bureau denies the 
application under subsection (e).
    (g) Sunset.--This section shall cease to have any force or effect 
after the end of the 2-year period beginning on the date of the 
enactment of this Act.
SEC. 89003. OPERATIONS IN RURAL AREAS.

    The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--

[[Page 129 STAT. 1801]]

            (1) <<NOTE: 15 USC 1639c.>> in section 129C(b)(2)(E)(iv)(I), 
        by striking ``predominantly''; and
            (2) <<NOTE: 15 USC 1639d.>> in section 129D(c)(1), by 
        striking ``predominantly''.

    Approved December 4, 2015.

LEGISLATIVE HISTORY--H.R. 22:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-357 (Comm. of Conference).
SENATE REPORTS: No. 114-3 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 161 (2015):
            Jan. 6, considered and passed House.
            July 24, 26-30, considered and passed Senate, amended.
            Nov. 3-5, House concurred in certain Senate amendment and in 
                another with an amendment.
            Dec. 3, House and Senate agreed to conference report.

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