[House Report 114-318]
[From the U.S. Government Publishing Office]
114th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 114-318
_______________________________________________________________________
SURFACE TRANSPORTATION REAUTHORIZATION AND REFORM ACT OF 2015
----------
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 3763
October 29, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
114th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 114-318
_______________________________________________________________________
SURFACE TRANSPORTATION REAUTHORIZATION AND REFORM ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 3763
October 29, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
97-358 WASHINGTON : 2015
C O N T E N T S
----------
Page
Purpose of Legislation........................................... 153
Background and Need for Legislation.............................. 153
Hearings......................................................... 158
Legislative History and Consideration............................ 159
Committee Votes.................................................. 161
Committee Oversight Findings..................................... 164
New Budget Authority and Tax Expenditures........................ 164
Congressional Budget Office Cost Estimate........................ 164
Performance Goals and Objectives................................. 164
Advisory of Earmarks............................................. 164
Duplication of Federal Programs.................................. 164
Disclosure of Directed Rule Makings.............................. 165
Federal Mandate Statement........................................
Preemption Clarification......................................... 165
Advisory Committee Statement..................................... 166
Applicability of Legislative Branch.............................. 166
Section-by-Section Analysis of Legislation....................... 166
Additional Matters...............................................
Changes in Existing Law Made by the Bill, as Reported............ 199
114th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 114-318
======================================================================
SURFACE TRANSPORTATION REAUTHORIZATION AND REFORM ACT OF 2015
_______
October 29, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3763]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3763) to authorize funds for
Federal-aid highways, highway safety programs, and transit
programs, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation Reauthorization and Reform Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
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. National highway performance program.
Sec. 1106. Surface transportation block grant program.
Sec. 1107. Railway-highway grade crossings.
Sec. 1108. Highway safety improvement program.
Sec. 1109. Congestion mitigation and air quality improvement program.
Sec. 1110. National highway freight policy.
Sec. 1111. Nationally significant freight and highway projects.
Sec. 1112. Territorial and Puerto Rico highway program.
Sec. 1113. Federal lands and tribal transportation program.
Sec. 1114. Tribal transportation program.
Sec. 1115. Federal lands transportation program.
Sec. 1116. Tribal transportation self-governance program.
Sec. 1117. Emergency relief.
Sec. 1118. Highway use tax evasion projects.
Sec. 1119. Bundling of bridge projects.
Sec. 1120. Tribal High Priority Projects program.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
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.
Sec. 1302. Treatment of improvements to rail and transit under
preservation requirements.
Sec. 1303. Clarification of transportation environmental authorities.
Sec. 1304. Treatment of certain bridges under preservation
requirements.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Improving transparency in environmental reviews.
Sec. 1307. Integration of planning and environmental review.
Sec. 1308. Development of programmatic mitigation plans.
Sec. 1309. Delegation of authorities.
Sec. 1310. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1311. Application of categorical exclusions for multimodal
projects.
Sec. 1312. Surface transportation project delivery program.
Sec. 1313. Program for eliminating duplication of environmental
reviews.
Sec. 1314. Assessment of progress on accelerating project delivery.
Sec. 1315. Improving State and Federal agency engagement in
environmental reviews.
Sec. 1316. Accelerated decisionmaking in environmental reviews.
Sec. 1317. Aligning Federal environmental reviews.
Subtitle D--Miscellaneous
Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and
rehabilitation.
Sec. 1402. Prohibition on the use of funds for automated traffic
enforcement.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Highway Trust Fund transparency and accountability.
Sec. 1405. High priority corridors on National Highway System.
Sec. 1406. Flexibility for projects.
Sec. 1407. Productive and timely expenditure of funds.
Sec. 1408. Consolidation of programs.
Sec. 1409. Federal share payable.
Sec. 1410. Elimination or modification of certain reporting
requirements.
Sec. 1411. Technical corrections.
Sec. 1412. Safety for users.
Sec. 1413. Design standards.
Sec. 1414. Reserve fund.
Sec. 1415. Adjustments.
Sec. 1416. National electric vehicle charging, hydrogen, and natural
gas fueling corridors.
Sec. 1417. Ferries.
Sec. 1418. Study on performance of bridges.
Sec. 1419. Relinquishment of park-and-ride lot facilities.
Sec. 1420. Pilot program.
Sec. 1421. Innovative project delivery examples.
Sec. 1422. Administrative provisions to encourage pollinator habitat
and forage on transportation rights-of-way.
Sec. 1423. Milk products.
Sec. 1424. Interstate weight limits for emergency vehicles.
Sec. 1425. Vehicle weight limitations--Interstate System.
Sec. 1426. New national goal, performance measure, and performance
target.
Sec. 1427. Service club, charitable association, or religious service
signs.
Sec. 1428. Work zone and guard rail safety training.
Sec. 1429. Motorcyclist advisory council.
Sec. 1430. Highway work zones.
TITLE II--INNOVATIVE PROJECT FINANCE
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 2002. State infrastructure bank program.
Sec. 2003. 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. Formula grants for 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. Bicycle facilities.
Sec. 3011. General provisions.
Sec. 3012. Public transportation safety program.
Sec. 3013. Apportionments.
Sec. 3014. State of good repair grants.
Sec. 3015. Authorizations.
Sec. 3016. Bus and bus facility grants.
Sec. 3017. Obligation ceiling.
Sec. 3018. Innovative procurement.
Sec. 3019. Review of public transportation safety standards.
Sec. 3020. Study on evidentiary protection for public transportation
safety program information.
Sec. 3021. Mobility of seniors and individuals with disabilities.
Sec. 3022. Improved transit safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.
TITLE IV--HIGHWAY 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. Prohibition on funds to check helmet usage or create related
checkpoints for a motorcycle driver or passenger.
Sec. 4007. Marijuana-impaired driving.
Sec. 4008. National priority safety program grant eligibility.
Sec. 4009. Data collection.
Sec. 4010. Technical corrections.
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.
Sec. 5204. Petitions.
Part II--Compliance, Safety, Accountability Reform
Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Interim hiring standard.
Subtitle C--Commercial Motor Vehicle Safety
Sec. 5301. Implementing safety requirements.
Sec. 5302. Windshield mounted safety technology.
Sec. 5303. Prioritizing statutory rulemakings.
Sec. 5304. Safety reporting system.
Sec. 5305. New entrant safety review program.
Sec. 5306. Ready mixed concrete trucks.
Subtitle D--Commercial Motor Vehicle Drivers
Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Certified medical examiners.
Sec. 5404. Graduated commercial driver's license pilot program.
Sec. 5405. Veterans expanded trucking opportunities.
Subtitle E--General Provisions
Sec. 5501. Minimum financial responsibility.
Sec. 5502. Delays in goods movement.
Sec. 5503. Report on motor carrier financial responsibility.
Sec. 5504. Emergency route working group.
Sec. 5505. Household goods consumer protection working group.
Sec. 5506. Technology improvements.
Sec. 5507. Notification regarding motor carrier registration.
Sec. 5508. Report on commercial driver's license skills test delays.
Sec. 5509. Covered farm vehicles.
Sec. 5510. Operators of hi-rail vehicles.
Sec. 5511. Electronic logging device requirements.
Sec. 5512. Technical corrections.
Sec. 5513. Automobile transporter.
Sec. 5514. Ready mix concrete delivery vehicles.
TITLE VI--INNOVATION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Advanced transportation and congestion management
technologies deployment.
Sec. 6004. Technology and innovation deployment program.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system program report.
Sec. 6007. Intelligent transportation system national architecture and
standards.
Sec. 6008. Communication systems deployment report.
Sec. 6009. Infrastructure development.
Sec. 6010. Departmental research programs.
Sec. 6011. Research and Innovative Technology Administration.
Sec. 6012. Office of Intermodalism.
Sec. 6013. University transportation centers.
Sec. 6014. Bureau of Transportation Statistics.
Sec. 6015. Surface transportation system funding alternatives.
Sec. 6016. Future interstate study.
Sec. 6017. Highway efficiency.
Sec. 6018. Motorcycle safety.
Sec. 6019. Hazardous materials research and development.
Sec. 6020. Web-based training for emergency responders.
Sec. 6021. Transportation technology policy working group.
Sec. 6022. Collaboration and support.
Sec. 6023. Prize competitions.
Sec. 6024. GAO report.
Sec. 6025. Intelligent transportation system purposes.
Sec. 6026. Infrastructure integrity.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Sec. 7002. Authorization of appropriations.
Sec. 7003. National emergency and disaster response.
Sec. 7004. Enhanced reporting.
Sec. 7005. Wetlines.
Sec. 7006. Improving publication of special permits and approvals.
Sec. 7007. GAO study on acceptance of classification examinations.
Sec. 7008. Improving the effectiveness of planning and training grants.
Sec. 7009. Motor carrier safety permits.
Sec. 7010. Thermal blankets.
Sec. 7011. Comprehensive oil spill response plans.
Sec. 7012. Information on high-hazard flammable trains.
Sec. 7013. Study and testing of electronically controlled pneumatic
brakes.
Sec. 7014. Ensuring safe implementation of positive train control
systems.
Sec. 7015. Phase-out of all tank cars used to transport Class 3
flammable liquids.
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.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided, this Act, including the amendments made
by this Act, takes effect on October 1, 2015.
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, and to carry out section 134 of that title--
(A) $38,419,500,000 for fiscal year 2016;
(B) $39,113,500,000 for fiscal year 2017;
(C) $39,927,500,000 for fiscal year 2018;
(D) $40,764,000,000 for fiscal year 2019;
(E) $41,623,000,000 for fiscal year 2020; and
(F) $42,483,000,000 for fiscal year 2021.
(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, $200,000,000 for each of
fiscal years 2016 through 2021.
(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) $490,000,000 for fiscal year 2019;
(v) $495,000,000 for fiscal year 2020; and
(vi) $500,000,000 for fiscal year 2021.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code--
(I) $325,000,000 for fiscal year
2016;
(II) $335,000,000 for fiscal year
2017;
(III) $345,000,000 for fiscal year
2018;
(IV) $350,000,000 for fiscal year
2019;
(V) $375,000,000 for fiscal year
2020; and
(VI) $400,000,000 for fiscal year
2021.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National Park
Service is--
(aa) $260,000,000 for fiscal
year 2016;
(bb) $268,000,000 for fiscal
year 2017;
(cc) $276,000,000 for fiscal
year 2018;
(dd) $280,000,000 for fiscal
year 2019;
(ee) $300,000,000 for fiscal
year 2020; and
(ff) $320,000,000 for fiscal
year 2021;
(II) the amount for the United States
Fish and Wildlife Service is
$30,000,000 for each of fiscal years
2016 through 2021; 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;
(ee) $19,000,000 for fiscal
year 2020; and
(ff) $20,000,000 for fiscal
year 2021.
(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;
(v) $270,000,000 for fiscal year 2020; and
(vi) $275,000,000 for fiscal year 2021.
(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 2021.
(5) Nationally significant freight and highway projects.--For
nationally significant freight and highway projects under
section 117 of title 23, United States Code--
(A) $725,000,000 for fiscal year 2016;
(B) $735,000,000 for fiscal year 2017; and
(C) $750,000,000 for each of fiscal years 2018
through 2021.
(b) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise program, discrimination and related barriers
continue to pose significant obstacles for minority-
and women-owned businesses seeking to do business in
federally assisted surface transportation markets
across the United States;
(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 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.
SEC. 1102. 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) $40,867,000,000 for fiscal year 2016;
(2) $41,599,000,000 for fiscal year 2017;
(3) $42,453,000,000 for fiscal year 2018;
(4) $43,307,000,000 for fiscal year 2019;
(5) $44,201,000,000 for fiscal year 2020; and
(6) $45,096,000,000 for fiscal year 2021.
(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 2021, 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 2021, 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
(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.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2016 through 2021--
(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 2021, 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:
``(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
$440,000,000 for each of fiscal years 2016 through 2021.''.
(b) Division Among Programs of State's Share of Base Apportionment.--
Section 104(b) of title 23, United States Code, is amended--
(1) in the subsection heading by striking ``Division of State
Apportionments Among Programs'' and inserting ``Division Among
Programs of State's Share of Base Apportionment'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``of the base apportionment'' after
``the amount''; and
(B) by striking ``surface transportation program''
and inserting ``surface transportation block grant
program'';
(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''; and
(4) in each of paragraphs (4) and (5), in the matter
preceding subparagraph (A), by inserting ``of the base
apportionment'' after ``the amount''.
(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
2021, the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for each
State shall be determined by multiplying--
``(i) each of--
``(I) the base apportionment;
``(II) supplemental funds reserved
under subsection (h)(1) for the
national highway performance program;
and
``(III) supplemental funds reserved
under subsection (h)(2) for the surface
transportation block grant program; by
``(ii) the share for each State, which shall
be equal to the proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2015; bears to
``(II) the amount of those
apportionments received by all States
for that fiscal year.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment equal to at least 95 percent of
the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most
recent fiscal year for which data are available.
``(2) State apportionment.--On October 1 of fiscal years 2016
through 2021, 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, 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;
``(ii) $66,717,816 for fiscal year 2020; and
``(iii) $79,847,397 for fiscal year 2021.
``(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 $819,900,000 pursuant to section
133(h), plus--
``(i) $70,526,310 for fiscal year 2016;
``(ii) $104,389,904 for fiscal year 2017;
``(iii) $148,113,536 for fiscal year 2018;
``(iv) $160,788,367 for fiscal year 2019;
``(v) $200,153,448 for fiscal year 2020; and
``(vi) $239,542,191 for fiscal year 2021.
``(B) Treatment of funds.--Funds reserved under
subparagraph (A) and apportioned to a State under
subsection (c) shall be treated as if apportioned under
subsection (b)(2), and shall be in addition to amounts
apportioned under that subsection.
``(i) Base Apportionment Defined.--In this section, the term `base
apportionment' means--
``(1) the combined amount authorized for appropriation for
the national highway performance program under section 119, the
surface transportation block grant program under section 133,
the highway safety improvement program under section 148, the
congestion mitigation and air quality improvement program under
section 149, 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.''.
SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (e)(7)--
(A) by striking ``this paragraph'' and inserting
``section 150(e)''; and
(B) by inserting ``under section 150(e)'' after ``the
next report submitted''; and
(2) 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).''.
SEC. 1106. 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:
``(a) Establishment.--The Secretary shall establish a surface
transportation block grant program in accordance with this section to
provide flexible funding to address State and local transportation
needs.
``(b) Eligible Projects.--Funds apportioned to a State under section
104(b)(2) for the surface transportation block grant program may be
obligated for the following:
``(1) Construction of--
``(A) highways, bridges, tunnels, including
designated routes of the Appalachian development
highway system and local access roads under section
14501 of title 40;
``(B) ferry boats and terminal facilities eligible
for funding under section 129(c);
``(C) transit capital projects eligible for
assistance under chapter 53 of title 49;
``(D) infrastructure-based intelligent transportation
systems capital improvements;
``(E) truck parking facilities eligible for funding
under section 1401 of MAP-21 (23 U.S.C. 137 note); and
``(F) border infrastructure projects eligible for
funding under section 1303 of SAFETEA-LU (23 U.S.C. 101
note).
``(2) Operational improvements and capital and operating
costs for traffic monitoring, management, and control
facilities and programs.
``(3) Environmental measures eligible under sections 119(g),
328, and 329 and transportation control measures listed in
section 108(f)(1)(A) (other than clause (xvi) of that section)
of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
``(4) Highway and transit safety infrastructure improvements
and programs, including railway-highway grade crossings.
``(5) Fringe and corridor parking facilities and programs in
accordance with section 137 and carpool projects in accordance
with section 146.
``(6) Recreational trails projects eligible for funding under
section 206, pedestrian and bicycle projects in accordance with
section 217 (including modifications to comply with
accessibility requirements under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the
safe routes to school program under section 1404 of SAFETEA-LU
(23 U.S.C. 402 note).
``(7) Planning, design, or construction of boulevards and
other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
``(8) Development and implementation of a State asset
management plan for the National Highway System and a
performance-based management program for other public roads.
``(9) Protection (including painting, scour countermeasures,
seismic retrofits, impact protection measures, security
countermeasures, and protection against extreme events) for
bridges (including approaches to bridges and other elevated
structures) and tunnels on public roads, and inspection and
evaluation of bridges and tunnels and other highway assets.
``(10) Surface transportation planning programs, highway and
transit research and development and technology transfer
programs, and workforce development, training, and education
under chapter 5 of this title.
``(11) Surface transportation infrastructure modifications to
facilitate direct intermodal interchange, transfer, and access
into and out of a port terminal.
``(12) Projects and strategies designed to support congestion
pricing, including electronic toll collection and travel demand
management strategies and programs.
``(13) At the request of a State, and upon Secretarial
approval of credit assistance under chapter 6, subsidy and
administrative costs necessary to provide an eligible entity
Federal credit assistance under chapter 6 with respect to a
project eligible for assistance under this section.
``(14) The creation and operation by a State of an office to
assist in the design, implementation, and oversight of public-
private partnerships eligible to receive funding under this
title and chapter 53 of title 49, and the payment of a stipend
to unsuccessful private bidders to offset their proposal
development costs, if necessary to encourage robust competition
in public-private partnership procurements.
``(15) Any type of project eligible under this section as in
effect on the day before the date of enactment of the Surface
Transportation Reauthorization and Reform Act of 2015,
including projects described under section 101(a)(29) as in
effect on such day.
``(c) Location of Projects.--A surface transportation block grant
project may not be undertaken on a road functionally classified as a
local road or a rural minor collector unless the road was on a Federal-
aid highway system on January 1, 1991, except--
``(1) for a bridge or tunnel project (other than the
construction of a new bridge or tunnel at a new location);
``(2) for a project described in paragraphs (4) through (11)
of subsection (b);
``(3) for a project described in section 101(a)(29), as in
effect on the day before the date of enactment of the Surface
Transportation Reauthorization and Reform Act of 2015; and
``(4) as approved by the Secretary.
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State under
section 104(b)(2) (after the reservation of funds under
subsection (h))--
``(A) the percentage specified in paragraph (6) for a
fiscal year shall be obligated under this section, in
proportion to their relative shares of the population
of the State--
``(i) in urbanized areas of the State with an
urbanized area population of over 200,000;
``(ii) in areas of the State other than urban
areas with a population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) the remainder may be obligated in any area of
the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(3) Consultation with regional transportation planning
organizations.--For purposes of paragraph (1)(A)(iii), before
obligating funding attributed to an area with a population
greater than 5,000 and less than 200,000, a State shall consult
with the regional transportation planning organizations that
represent the area, if any.
``(4) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in subparagraph
(B), the amount of funds that a State is required to
obligate under paragraph (1)(A)(i) shall be obligated
in urbanized areas described in paragraph (1)(A)(i)
based on the relative population of the areas.
``(B) Other factors.--The State may obligate the
funds described in subparagraph (A) based on other
factors if the State and the relevant metropolitan
planning organizations jointly apply to the Secretary
for the permission to base the obligation on other
factors and the Secretary grants the request.
``(5) Applicability of planning requirements.--Programming
and expenditure of funds for projects under this section shall
be consistent with sections 134 and 135.
``(6) Percentage.--The percentage referred to in paragraph
(1)(A) is--
``(A) for fiscal year 2016, 51 percent;
``(B) for fiscal year 2017, 52 percent;
``(C) for fiscal year 2018, 53 percent;
``(D) for fiscal year 2019, 54 percent;
``(E) for fiscal year 2020, 55 percent; and
``(F) for fiscal year 2021, 55 percent.'';
(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 2021'';
(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
2021''; 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 of $819,900,000
under this subsection; and
``(B) the State's share of that total is determined
by multiplying the amount under subparagraph (A) by the
ratio that--
``(i) the amount apportioned to the State for
the transportation enhancements program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21; bears to
``(ii) the total amount of funds apportioned
to all States for the transportation
enhancements program for fiscal year 2009.
``(2) Allocation within a state.--Funds reserved for a State
under paragraph (1) shall be obligated within that State in the
manner described in subsection (d), except that, for purposes
of this paragraph (after funds are made available under
paragraph (5))--
``(A) for each fiscal year, the percentage referred
to in paragraph (1)(A) of that subsection shall be
deemed to be 50 percent; and
``(B) the following provisions shall not apply:
``(i) Paragraph (3) of subsection (d).
``(ii) Subsection (e).
``(3) Eligible projects.--Funds reserved under this
subsection may be obligated for projects or activities
described in section 101(a)(29) or 213, as such provisions were
in effect on the day before the date of enactment of the
Surface Transportation Reauthorization and Reform Act of 2015.
``(4) Access to funds.--
``(A) In general.--A State or metropolitan planning
organization required to obligate funds in accordance
with paragraph (2) shall develop a competitive process
to allow eligible entities to submit projects for
funding that achieve the objectives of this subsection.
A metropolitan planning organization for an area
described in subsection (d)(1)(A)(i) shall select
projects under such process in consultation with the
relevant State.
``(B) Eligible entity defined.--In this paragraph,
the term `eligible entity' means--
``(i) a local government;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land
agency;
``(v) a school district, local education
agency, or school;
``(vi) a tribal government; and
``(vii) any other local or regional
governmental entity with responsibility for or
oversight of transportation or recreational
trails (other than a metropolitan planning
organization or a State agency) that the State
determines to be eligible, consistent with the
goals of this subsection.
``(5) Continuation of certain recreational trails projects.--
For each fiscal year, a State shall--
``(A) obligate an amount of funds reserved under this
section equal to the amount of the funds apportioned to
the State for fiscal year 2009 under section 104(h)(2),
as in effect on the day before the date of enactment of
MAP-21, for projects relating to recreational trails
under section 206;
``(B) return 1 percent of those funds to the
Secretary for the administration of that program; and
``(C) comply with the provisions of the
administration of the recreational trails program under
section 206, including the use of apportioned funds
described in subsection (d)(3)(A) of that section.
``(6) State flexibility.--
``(A) Recreational trails.--A State may opt out of
the recreational trails program under paragraph (5) if
the Governor of the State notifies the Secretary not
later than 30 days prior to apportionments being made
for any fiscal year.
``(B) Large urbanized areas.--A metropolitan planning
area may use not to exceed 50 percent of the funds
reserved under this subsection for an urbanized area
described in subsection (d)(1)(A)(i) for any purpose
eligible under subsection (b).
``(i) Treatment of Projects.--Notwithstanding any other provision of
law, projects funded under this section (excluding those carried out
under subsection (h)(5)) shall be treated as projects on a Federal-aid
highway under this chapter.''.
(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) Chapter 1.--Chapter 1 of title 23, United States Code, is
amended by striking ``surface transportation program'' each
place it appears and inserting ``surface transportation block
grant program''.
(6) Chapter analyses.--
(A) Chapter 1.--The analysis for chapter 1 of title
23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:
``133. Surface transportation block grant program.''.
(B) Chapter 2.--The item relating to section 213 in
the analysis for chapter 2 of title 23, United States
Code, is repealed.
(7) Other references.--Any reference in any other law,
regulation, document, paper, or other record of the United
States to the surface transportation program under section 133
of title 23, United States Code, shall be deemed to be a
reference to the surface transportation block grant program
under such section.
SEC. 1107. 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;
``(v) $245,000,000 for fiscal year 2020; and
``(vi) $250,000,000 for fiscal year 2021.
``(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) of this title.''.
SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Definitions.--
(1) In general.--Section 148(a) of title 23, United States
Code, is amended--
(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) Conforming amendments.--Section 148 of title 23, United
States Code, is amended--
(A) in subsection (c)(1)(A) by striking ``subsections
(a)(12)'' and inserting ``subsections (a)(11)''; and
(B) in subsection (d)(2)(B)(i) by striking
``subsection (a)(12)'' and inserting ``subsection
(a)(11)''.
(b) Data Collection.--Section 148(f) of title 23, United States Code,
is amended by adding at the end the following:
``(3) Process.--The Secretary shall establish a process to
allow a State to cease to collect the subset referred to in
paragraph (2)(A) for 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 such roads until the
State completes a collection of the required model
inventory of roadway elements for the roads; 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.
``(4) Rule of construction.--Nothing in paragraph (3) may be
construed to allow a State to cease data collection related to
serious injuries or fatalities.''.
(c) Rural Road Safety.--Section 148(g)(1) of title 23, United States
Code, is amended--
(1) by striking ``If the fatality rate'' and inserting the
following:
``(A) In general.--If the fatality rate''; and
(2) by adding at the end the following:
``(B) Fatalities exceeding the median rate.--If the
fatality rate on rural roads in a State, for the most
recent 2-year period for which data is available, is
more than the median fatality rate for rural roads
among all States for such 2-year period, the State
shall be required to demonstrate, in the subsequent
State strategic highway safety plan of the State,
strategies to address fatalities and achieve safety
improvements on high risk rural roads.''.
(d) 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, and make available on the public Internet
Web site of the Department, a report describing the results of
the review conducted under paragraph (1).
SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Eligible Projects.--Section 149(b) of title 23, United States
Code, is amended--
(1) in paragraph (7) by striking ``or'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(9) if the project or program is for the installation of
vehicle-to-infrastructure communication equipment.''.
(b) States Flexibility.--Section 149(d) of title 23, United States
Code, is amended to read as follows:
``(d) States Flexibility.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may
use funds apportioned to the State under section 104(b)(4) for
any project in the State that--
``(A) would otherwise be eligible under subsection
(b) if the project were carried out in a nonattainment
or maintenance area; or
``(B) is eligible under the surface transportation
block grant program under section 133.
``(2) States with a nonattainment area.--
``(A) In general.--If a State has a nonattainment
area or maintenance area and received funds in fiscal
year 2009 under section 104(b)(2)(D), as in effect on
the day before the date of enactment of the MAP-21,
above the amount of funds that the State would have
received based on the nonattainment and maintenance
area population of the State under subparagraphs (B)
and (C) of section 104(b)(2), as in effect on the day
before the date of enactment of the MAP-21, the State
may use, for any project that would otherwise be
eligible under subsection (b) if the project were
carried out in a nonattainment or maintenance area or
is eligible under the surface transportation block
grant program under section 133, an amount of funds
apportioned to such State under section 104(b)(4) that
is equal to the product obtained by multiplying--
``(i) the amount apportioned to such State
under section 104(b)(4) (excluding the amounts
reserved for obligation under subsection
(k)(1)); by
``(ii) the ratio calculated under
subparagraph (B).
``(B) Ratio.--For purposes of this paragraph, the
ratio shall be calculated as the proportion that--
``(i) the amount for fiscal year 2009 such
State was permitted by section 149(c)(2), as in
effect on the day before the date of enactment
of the MAP-21, to obligate in any area of the
State for projects eligible under section 133,
as in effect on the day before the date of
enactment of the MAP-21; bears to
``(ii) the total apportionment to such State
for fiscal year 2009 under section 104(b)(2),
as in effect on the day before the date of
enactment of the MAP-21.
``(3) Changes in designation.--If a new nonattainment area is
designated or a previously designated nonattainment area is
redesignated as an attainment area in a State under the Clean
Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify,
in a manner consistent with the approach that was in effect on
the day before the date of enactment of MAP-21, the amount such
State is permitted to obligate in any area of the State for
projects eligible under section 133.''.
(c) Priority Consideration.--Section 149(g)(3) of title 23, United
States Code, is amended to read as follows:
``(3) Priority consideration.--
``(A) In general.--In distributing funds received for
congestion mitigation and air quality projects and
programs from apportionments under section 104(b)(4) in
areas designated as nonattainment or maintenance for
PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.)
and where regional motor vehicle emissions are not an
insignificant contributor to the air quality problem
for PM2.5, States and metropolitan planning
organizations shall give priority to projects,
including diesel retrofits, that are proven to reduce
direct emissions of PM2.5.
``(B) Use of funding.--To the maximum extent
practicable, funding used in an area described in
subparagraph (A) shall be used on the most cost-
effective projects and programs that are proven to
reduce directly emitted fine particulate matter.''.
(d) Priority for Use of Funds in PM2.5 Areas.--Section 149(k) of
title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``such fine particulate''
and inserting ``directly emitted fine particulate''; and
(2) by adding at the end the following:
``(3) PM2.5 nonattainment and maintenance in low population
density states.--
``(A) Exception.--For any State with a population
density of 80 or fewer persons per square mile of land
area, based on the most recent decennial census,
subsection (g)(3) and paragraphs (1) and (2) of this
subsection do 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.''.
(e) Performance Plan.--Section 149(l)(1)(B) of title 23, United
States Code, is amended by inserting ``emission and congestion
reduction'' after ``achieving the''.
SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY.
(a) In General.--Section 167 of title 23, United States Code, is
amended to read as follows:
``Sec. 167. National highway freight policy
``(a) In General.--It is the policy of the United States to improve
the condition and performance of the National Highway Freight Network
established under this section to ensure that the Network provides a
foundation for the United States to compete in the global economy and
achieve the goals described in subsection (b).
``(b) Goals.--The goals of the national highway freight policy are--
``(1) to invest in infrastructure improvements and to
implement operational improvements that--
``(A) strengthen the contribution of the National
Highway Freight Network to the economic competitiveness
of the United States;
``(B) reduce congestion and bottlenecks on the
National Highway Freight Network; and
``(C) increase productivity, particularly for
domestic industries and businesses that create high-
value jobs;
``(2) to improve the safety, security, and resilience of
highway freight transportation;
``(3) to improve the state of good repair of the National
Highway Freight Network;
``(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National Highway
Freight Network;
``(5) to improve the economic efficiency of the National
Highway Freight Network;
``(6) to improve the short and long distance movement of
goods that--
``(A) travel across rural areas between population
centers; and
``(B) travel between rural areas and population
centers;
``(7) to improve the flexibility of States to support multi-
State corridor planning and the creation of multi-State
organizations to increase the ability of States to address
highway freight connectivity; and
``(8) to reduce the environmental impacts of freight movement
on the National Highway Freight Network.
``(c) Establishment of National Highway Freight Network.--
``(1) In general.--The Secretary shall establish a National
Highway Freight Network in accordance with this section to
strategically direct Federal resources and policies toward
improved performance of the Network.
``(2) Network components.--The National Highway Freight
Network shall consist of--
``(A) the Interstate System;
``(B) non-Interstate highway segments on the 41,000-
mile comprehensive primary freight network developed by
the Secretary under section 167(d) as in effect on the
day before the date of enactment of the Surface
Transportation Reauthorization and Reform Act of 2015;
and
``(C) additional non-Interstate highway segments
designated by the States under subsection (d).
``(d) State Additions to Network.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization and
Reform Act of 2015, each State, in consultation with the State
freight advisory committee, may increase the number of miles
designated as part of the National Highway Freight Network by
not more than 10 percent of the miles designated in that State
under subparagraphs (A) and (B) of subsection (c)(2) if the
additional miles--
``(A) close gaps between segments of the National
Highway Freight Network;
``(B) establish connections from the National Highway
Freight Network to critical facilities for the
efficient movement of freight, including ports, freight
railroads, international border crossings, airports,
intermodal facilities, warehouse and logistics centers,
and agricultural facilities; or
``(C) are part of critical emerging freight corridors
or critical commerce corridors.
``(2) Submission.--Each State shall--
``(A) submit to the Secretary a list of the
additional miles added under this subsection; and
``(B) certify that the additional miles meet the
requirements of paragraph (1).
``(e) Redesignation.--
``(1) Redesignation by secretary.--
``(A) In general.--Effective beginning 5 years after
the date of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015, and every 5
years thereafter, the Secretary shall redesignate the
highway segments designated by the Secretary under
subsection (c)(2)(B) that are on the National Highway
Freight Network.
``(B) Considerations.--In redesignating highway
segments under subparagraph (A), the Secretary shall
consider--
``(i) changes in the origins and destinations
of freight movements in the United States;
``(ii) changes in the percentage of annual
average daily truck traffic in the annual
average daily traffic on principal arterials;
``(iii) changes in the location of key
facilities;
``(iv) critical emerging freight corridors;
and
``(v) network connectivity.
``(C) Limitation.--Each redesignation under
subparagraph (A) may increase the mileage on the
National Highway Freight Network designated by the
Secretary by not more than 3 percent.
``(2) Redesignation by states.--
``(A) In general.--Effective beginning 5 years after
the date of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015, and every 5
years thereafter, each State may, in consultation with
the State freight advisory committee, redesignate the
highway segments designated by the State under
subsection (c)(2)(C) that are on the National Highway
Freight Network.
``(B) Considerations.--In redesignating highway
segments under subparagraph (A), the State shall
consider--
``(i) gaps between segments of the National
Highway Freight Network;
``(ii) needed connections from the National
Highway Freight Network to critical facilities
for the efficient movement of freight,
including ports, freight railroads,
international border crossings, airports,
intermodal facilities, warehouse and logistics
centers, and agricultural facilities; and
``(iii) critical emerging freight corridors
or critical commerce corridors.
``(C) Limitation.--Each redesignation under
subparagraph (A) may increase the mileage on the
National Highway Freight Network designated by the
State by not more than 3 percent.
``(D) Resubmission.--Each State, under the advisement
of the State freight advisory committee, shall--
``(i) submit to the Secretary a list of the
miles redesignated under this paragraph; and
``(ii) certify that the redesignated miles
meet the requirements of subsection (d)(1).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
167 and inserting the following:
``167. National highway freight policy.''.
SEC. 1111. 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. Nationally significant freight and highway projects
``(a) Establishment.--There is established a nationally significant
freight and highway projects program to provide financial assistance
for projects of national or regional significance that will--
``(1) improve the safety, efficiency, and reliability of the
movement of freight and people;
``(2) generate national or regional economic benefits and an
increase in the global economic competitiveness of the United
States;
``(3) reduce highway congestion and bottlenecks;
``(4) improve connectivity between modes of freight
transportation; or
``(5) enhance the strength, durability, and serviceability of
critical highway infrastructure.
``(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary may make grants, on a competitive basis,
in accordance with this section.
``(c) Eligible Applicants.--
``(1) In general.--The Secretary may make a grant under this
section to the following:
``(A) A State or 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.
``(D) A special purpose district or public authority
with a transportation function, including a port
authority.
``(E) A Federal land management agency that applies
jointly with a State or group of States.
``(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 (h), the
Secretary may make a grant under this section only for a
project that--
``(A) is--
``(i) a freight project carried out on the
National Highway Freight Network established
under section 167 of this title;
``(ii) a highway or bridge project carried
out on the National Highway System;
``(iii) an intermodal or rail freight project
carried out on the National Multimodal Freight
Network established under section 70103 of
title 49; or
``(iv) a railway-highway grade crossing or
grade separation project; and
``(B) has eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State, 30 percent
of the amount apportioned under this
chapter to the State in the most
recently completed fiscal year; or
``(II) located in more than 1 State,
50 percent of the amount apportioned
under this chapter to the participating
State with the largest apportionment
under this chapter in the most recently
completed fiscal year.
``(2) Limitation.--
``(A) In general.--Not more than $500,000,000 of the
amounts made available for grants under this section
for fiscal years 2016 through 2021, 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) shall--
``(i) 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) 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.
``(f) Project Requirements.--The Secretary may make a grant for a
project described under subsection (d) only if the relevant applicant
demonstrates 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 addressed using other
funding available to the project sponsor under this chapter;
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.
``(g) Additional Considerations.--In making a grant under this
section, the Secretary shall consider--
``(1) the extent to which a project utilizes nontraditional
financing, innovative design and construction techniques, or
innovative technologies;
``(2) the amount and source of non-Federal contributions with
respect to the proposed project; and
``(3) the need for geographic diversity among grant
recipients, including the need for a balance between the needs
of rural and urban communities.
``(h) Reserved Amounts.--
``(1) In general.--The Secretary shall reserve not less than
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)(i) 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.
``(4) 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.
``(5) Rural areas.--The Secretary shall reserve not less than
20 percent of the amounts made available for grants under this
section, including the amounts made available under paragraph
(1), each fiscal year to make grants for projects located in
rural areas.
``(i) Federal Share.--
``(1) In general.--The Federal share of the cost of a project
assisted with a grant under this section may not exceed 50
percent.
``(2) Non-federal share.--Funds apportioned to a State under
section 104(b)(1) or 104(b)(2) may be used to satisfy the non-
Federal share of the cost of a project for which a grant is
made under this section so long as the total amount of Federal
funding for the project does not exceed 80 percent of project
costs.
``(j) Agreements To Combine Amounts.--Two or more entities specified
in subsection (c)(1) may combine, pursuant to an agreement entered into
by the entities, any part of the amounts provided to the entities from
grants under this section for a project for which the relevant grants
were made if--
``(1) the agreement will benefit each entity entering into
the agreement; and
``(2) the agreement is not in violation of a law of any such
entity.
``(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.--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.
``(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).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 116 the following:
``117. Nationally significant freight and highway projects.''.
(c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and the
item relating to that section in the table of contents in section 1(b)
of such Act, are repealed.
SEC. 1112. 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. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAM.
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).''.
SEC. 1114. TRIBAL TRANSPORTATION PROGRAM.
Section 202(a)(6) of title 23, United States Code, is amended by
striking ``6 percent'' and inserting ``5 percent''.
SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203 of title 23, United States Code, is amended--
(1) in subsection (a)(1)(B) by striking ``operation'' and
inserting ``capital, operations,'';
(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. 1116. 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. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.
``(a) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a program to be known as
the tribal transportation self-governance program. The Secretary may
delegate responsibilities for administration of the program as the
Secretary determines appropriate.
``(b) Eligibility.--
``(1) In general.--Subject to paragraphs (2) and (3), an
Indian tribe shall be eligible to participate in the program if
the Indian tribe requests participation in the program by
resolution or other official action by the governing body of
the Indian tribe, and demonstrates, for the preceding 3 fiscal
years, financial stability and financial management capability,
and transportation program management capability.
``(2) Criteria for determining financial stability and
financial management capacity.--For the purposes of paragraph
(1), evidence that, during the preceding 3 fiscal years, an
Indian tribe had no uncorrected significant and material audit
exceptions in the required annual audit of the Indian tribe's
self-determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive evidence
of the required financial stability and financial management
capability.
``(3) Criteria for determining transportation program
management capability.--The Secretary shall require an Indian
tribe to demonstrate transportation program management
capability, including the capability to manage and complete
projects eligible under this title and projects eligible under
chapter 53 of title 49, to gain eligibility for the program.
``(c) Compacts.--
``(1) Compact required.--Upon the request of an eligible
Indian tribe, and subject to the requirements of this section,
the Secretary shall negotiate and enter into a written compact
with the Indian tribe for the purpose of providing for the
participation of the Indian tribe in the program.
``(2) Contents.--A compact entered into under paragraph (1)
shall set forth the general terms of the government-to-
government relationship between the Indian tribe and the United
States under the program and other terms that will continue to
apply in future fiscal years.
``(3) Amendments.--A compact entered into with an Indian
tribe under paragraph (1) may be amended only by mutual
agreement of the Indian tribe and the Secretary.
``(d) Annual Funding Agreements.--
``(1) Funding agreement required.--After entering into a
compact with an Indian tribe under subsection (c), the
Secretary shall negotiate and enter into a written annual
funding agreement with the Indian tribe.
``(2) Contents.--
``(A) In general.--
``(i) Formula funding and discretionary
grants.--A funding agreement entered into with
an Indian tribe shall authorize the Indian
tribe, as determined by the Indian tribe, to
plan, conduct, consolidate, administer, and
receive full tribal share funding, tribal
transit formula funding, and funding to tribes
from discretionary and competitive grants
administered by the Department for all
programs, services, functions, and activities
(or portions thereof) that are made available
to Indian tribes to carry out tribal
transportation programs and programs, services,
functions, and activities (or portions thereof)
administered by the Secretary that are
otherwise available to Indian tribes.
``(ii) Transfers of state funds.--
``(I) Inclusion of transferred funds
in funding agreement.--A funding
agreement entered into with an Indian
tribe shall include Federal-aid funds
apportioned to a State under chapter 1
if the State elects to provide a
portion of such funds to the Indian
tribe for a project eligible under
section 202(a).
``(II) Method for transfers.--If a
State elects to provide funds described
in subclause (I) to an Indian tribe,
the State shall transfer the funds back
to the Secretary and the Secretary
shall transfer the funds to the Indian
tribe in accordance with this section.
``(III) Responsibility for
transferred funds.--Notwithstanding any
other provision of law, if a State
provides funds described in subclause
(I) to an Indian tribe--
``(aa) the State shall not be
responsible for constructing or
maintaining a project carried
out using the funds or for
administering or supervising
the project or funds during the
applicable statute of
limitations period related to
the construction of the
project; and
``(bb) the Indian tribe shall
be responsible for constructing
and maintaining a project
carried out using the funds and
for administering and
supervising the project and
funds in accordance with this
section during the applicable
statute of limitations period
related to the construction of
the project.
``(B) Administration of tribal shares.--The tribal
shares referred to in subparagraph (A) shall be
provided without regard to the agency or office of the
Department within which the program, service, function,
or activity (or portion thereof) is performed.
``(C) Flexible and innovative financing.--
``(i) In general.--A funding agreement
entered into with an Indian tribe under
paragraph (1) shall include provisions
pertaining to flexible and innovative financing
if agreed upon by the parties.
``(ii) Terms and conditions.--
``(I) Authority to issue
regulations.--The Secretary may issue
regulations to establish the terms and
conditions relating to the flexible and
innovative financing provisions
referred to in clause (i).
``(II) Terms and conditions in
absence of regulations.--If the
Secretary does not issue regulations
under subclause (I), the terms and
conditions relating to the flexible and
innovative financing provisions
referred to in clause (i) shall be
consistent with--
``(aa) agreements entered
into by the Department under--
``(AA) section
202(b)(7); and
``(BB) section
202(d)(5), as in effect
before the date of
enactment of MAP-21
(Public Law 112-141);
or
``(bb) regulations of the
Department of the Interior
relating to flexible financing
contained in part 170 of title
25, Code of Federal
Regulations, as in effect on
the date of enactment of the
Surface Transportation
Reauthorization and Reform Act
of 2015.
``(3) Terms.--A funding agreement shall set forth--
``(A) terms that generally identify the programs,
services, functions, and activities (or portions
thereof) to be performed or administered by the Indian
tribe; and
``(B) for items identified in subparagraph (A)--
``(i) the general budget category assigned;
``(ii) the funds to be provided, including
those funds to be provided on a recurring
basis;
``(iii) the time and method of transfer of
the funds;
``(iv) the responsibilities of the Secretary
and the Indian tribe; and
``(v) any other provision agreed to by the
Indian tribe and the Secretary.
``(4) Subsequent funding agreements.--
``(A) Applicability of existing agreement.--Absent
notification from an Indian tribe that the Indian tribe
is withdrawing from or retroceding the operation of 1
or more programs, services, functions, or activities
(or portions thereof) identified in a funding
agreement, or unless otherwise agreed to by the
parties, each funding agreement shall remain in full
force and effect until a subsequent funding agreement
is executed.
``(B) Effective date of subsequent agreement.--The
terms of the subsequent funding agreement shall be
retroactive to the end of the term of the preceding
funding agreement.
``(5) Consent of indian tribe required.--The Secretary shall
not revise, amend, or require additional terms in a new or
subsequent funding agreement without the consent of the Indian
tribe that is subject to the agreement unless such terms are
required by Federal law.
``(e) General Provisions.--
``(1) Redesign and consolidation.--
``(A) In general.--An Indian tribe, in any manner
that the Indian tribe considers to be in the best
interest of the Indian community being served, may--
``(i) redesign or consolidate programs,
services, functions, and activities (or
portions thereof) included in a funding
agreement; and
``(ii) reallocate or redirect funds for such
programs, services, functions, and activities
(or portions thereof), if the funds are--
``(I) expended on projects identified
in a transportation improvement program
approved by the Secretary; and
``(II) used in accordance with the
requirements in--
``(aa) appropriations Acts;
``(bb) this title and chapter
53 of title 49; and
``(cc) any other applicable
law.
``(B) Exception.--Notwithstanding subparagraph (A),
if, pursuant to subsection (d), an Indian tribe
receives a discretionary or competitive grant from the
Secretary or receives State apportioned funds, the
Indian tribe shall use the funds for the purpose for
which the funds were originally authorized.
``(2) Retrocession.--
``(A) In general.--
``(i) Authority of indian tribes.--An Indian
tribe may retrocede (fully or partially) to the
Secretary programs, services, functions, or
activities (or portions thereof) included in a
compact or funding agreement.
``(ii) Reassumption of remaining funds.--
Following a retrocession described in clause
(i), the Secretary may--
``(I) reassume the remaining funding
associated with the retroceded
programs, functions, services, and
activities (or portions thereof)
included in the applicable compact or
funding agreement;
``(II) out of such remaining funds,
transfer funds associated with
Department of Interior programs,
services, functions, or activities (or
portions thereof) to the Secretary of
the Interior to carry out
transportation services provided by the
Secretary of the Interior; and
``(III) distribute funds not
transferred under subclause (II) in
accordance with applicable law.
``(iii) Correction of programs.--If the
Secretary makes a finding under subsection
(f)(2)(B) and no funds are available under
subsection (f)(2)(A)(ii), the Secretary shall
not be required to provide additional funds to
complete or correct any programs, functions,
services, or activities (or portions thereof).
``(B) Effective date.--Unless the Indian tribe
rescinds a request for retrocession, the retrocession
shall become effective within the timeframe specified
by the parties in the compact or funding agreement. In
the absence of such a specification, the retrocession
shall become effective on--
``(i) the earlier of--
``(I) 1 year after the date of
submission of the request; or
``(II) the date on which the funding
agreement expires; or
``(ii) such date as may be mutually agreed
upon by the parties and, with respect to
Department of the Interior programs, functions,
services, and activities (or portions thereof),
the Secretary of the Interior.
``(f) Provisions Relating to Secretary.--
``(1) Decisionmaker.--A decision that relates to an appeal of
the rejection of a final offer by the Department shall be made
either--
``(A) by an official of the Department who holds a
position at a higher organizational level within the
Department than the level of the departmental agency in
which the decision that is the subject of the appeal
was made; or
``(B) by an administrative judge.
``(2) Termination of compact or funding agreement.--
``(A) Authority to terminate.--
``(i) Provision to be included in compact or
funding agreement.--A compact or funding
agreement shall include a provision authorizing
the Secretary, if the Secretary makes a finding
described in subparagraph (B), to--
``(I) terminate the compact or
funding agreement (or a portion
thereof); and
``(II) reassume the remaining funding
associated with the reassumed programs,
functions, services, and activities
included in the compact or funding
agreement.
``(ii) Transfers of funds.--Out of any funds
reassumed under clause (i)(II), the Secretary
may transfer the funds associated with
Department of the Interior programs, functions,
services, and activities (or portions thereof)
to the Secretary of the Interior to provide
continued transportation services in accordance
with applicable law.
``(B) Findings resulting in termination.--The finding
referred to in subparagraph (A) is a specific finding
of--
``(i) imminent jeopardy to a trust asset,
natural resources, or public health and safety
that is caused by an act or omission of the
Indian tribe and that arises out of a failure
to carry out the compact or funding agreement,
as determined by the Secretary; or
``(ii) gross mismanagement with respect to
funds or programs transferred to the Indian
tribe under the compact or funding agreement,
as determined by the Secretary in consultation
with the Inspector General of the Department,
as appropriate.
``(C) Prohibition.--The Secretary shall not terminate
a compact or funding agreement (or portion thereof)
unless--
``(i) the Secretary has first provided
written notice and a hearing on the record to
the Indian tribe that is subject to the compact
or funding agreement; and
``(ii) the Indian tribe has not taken
corrective action to remedy the mismanagement
of funds or programs or the imminent jeopardy
to a trust asset, natural resource, or public
health and safety.
``(D) Exception.--
``(i) In general.--Notwithstanding
subparagraph (C), the Secretary, upon written
notification to an Indian tribe that is subject
to a compact or funding agreement, may
immediately terminate the compact or funding
agreement (or portion thereof) if--
``(I) the Secretary makes a finding
of imminent substantial and irreparable
jeopardy to a trust asset, natural
resource, or public health and safety;
and
``(II) the jeopardy arises out of a
failure to carry out the compact or
funding agreement.
``(ii) Hearings.--If the Secretary terminates
a compact or funding agreement (or portion
thereof) under clause (i), the Secretary shall
provide the Indian tribe subject to the compact
or agreement with a hearing on the record not
later than 10 days after the date of such
termination.
``(E) Burden of proof.--In any hearing or appeal
involving a decision to terminate a compact or funding
agreement (or portion thereof) under this paragraph,
the Secretary shall have the burden of proof in
demonstrating by clear and convincing evidence the
validity of the grounds for the termination.
``(g) Cost Principles.--In administering funds received under this
section, an Indian tribe shall apply cost principles under the
applicable Office of Management and Budget circular, except as modified
by section 450j-1 of title 25, 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 450j-1(f) of title 25.
``(h) Transfer of Funds.--The Secretary shall provide funds to an
Indian tribe under a funding agreement in an amount equal to--
``(1) the sum of the funding that the Indian tribe would
otherwise receive for the program, function, service, or
activity in accordance with a funding formula or other
allocation method established under this title or chapter 53 of
title 49; and
``(2) such additional amounts as the Secretary determines
equal the amounts that would have been withheld for the costs
of the Bureau of Indian Affairs for administration of the
program or project.
``(i) Construction Programs.--
``(1) Standards.--Construction projects carried out under
programs administered by an Indian tribe with funds transferred
to the Indian tribe pursuant to a funding agreement entered
into under this section shall be constructed pursuant to the
construction program standards set forth in applicable
regulations or as specifically approved by the Secretary (or
the Secretary's designee).
``(2) Monitoring.--Construction programs shall be monitored
by the Secretary in accordance with applicable regulations.
``(j) Facilitation.--
``(1) Secretarial interpretation.--Except as otherwise
provided by law, the Secretary shall interpret all Federal
laws, Executive orders, and regulations in a manner that will
facilitate--
``(A) the inclusion of programs, services, functions,
and activities (or portions thereof) and funds
associated therewith, in compacts and funding
agreements; and
``(B) the implementation of the compacts and funding
agreements.
``(2) Regulation waiver.--
``(A) In general.--An Indian tribe may submit to the
Secretary a written request to waive application of a
regulation promulgated under this section with respect
to a compact or funding agreement. The request shall
identify the regulation sought to be waived and the
basis for the request.
``(B) Approvals and denials.--
``(i) In general.--Not later than 90 days
after the date of receipt of a written request
under subparagraph (A), the Secretary shall
approve or deny the request in writing.
``(ii) Review.--The Secretary shall review
any application by an Indian tribe for a waiver
bearing in mind increasing opportunities for
using flexible policy approaches at the Indian
tribal level.
``(iii) Deemed approval.--If the Secretary
does not approve or deny a request submitted
under subparagraph (A) on or before the last
day of the 90-day period referred to in clause
(i), the request shall be deemed approved.
``(iv) Denials.--If the application for a
waiver is not granted, the agency shall provide
the applicant with the reasons for the denial
as part of the written response required in
clause (i).
``(v) Finality of decisions.--A decision by
the Secretary under this subparagraph shall be
final for the Department.
``(k) Disclaimers.--
``(1) Existing authority.--Notwithstanding any other
provision of law, upon the election of an Indian tribe, the
Secretary shall--
``(A) maintain current tribal transportation program
funding agreements and program agreements; or
``(B) enter into new agreements under the authority
of section 202(b)(7).
``(2) Limitation on statutory construction.--Nothing in this
section may be construed to impair or diminish the authority of
the Secretary under section 202(b)(7).
``(l) Applicability of Indian Self-Determination and Education
Assistance Act.--Except to the extent in conflict with this section (as
determined by the Secretary), the following provisions of the Indian
Self-Determination and Education Assistance Act shall apply to compact
and funding agreements (except that any reference to the Secretary of
the Interior or the Secretary of Health and Human Services in such
provisions shall be treated as a reference to the Secretary of
Transportation):
``(1) Subsections (a), (b), (d), (g), and (h) of section 506
of such Act (25 U.S.C. 458aaa-5), relating to general
provisions.
``(2) Subsections (b) through (e) and (g) of section 507 of
such Act (25 U.S.C.458aaa-6), relating to provisions relating
to the Secretary of Health and Human Services.
``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k)
of section 508 of such Act (25 U.S.C. 458aaa-7), relating to
transfer of funds.
``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating
to Federal procurement laws and regulations.
``(5) Section 511 of such Act (25 U.S.C. 458aaa-10), relating
to civil actions.
``(6) Subsections (a)(1), (a)(2), and (c) through (f) of
section 512 of such Act (25 U.S.C. 458aaa-11), relating to
facilitation, except that subsection (c)(1) of that section
shall be applied by substituting `transportation facilities and
other facilities' for `school buildings, hospitals, and other
facilities'.
``(7) Subsections (a) and (b) of section 515 of such Act (25
U.S.C. 458aaa-14), relating to disclaimers.
``(8) Subsections (a) and (b) of section 516 of such Act (25
U.S.C. 458aaa-15), relating to application of title I
provisions.
``(9) Section 518 of such Act (25 U.S.C. 458aaa-17), relating
to appeals.
``(m) Definitions.--
``(1) In general.--In this section, the following definitions
apply (except as otherwise expressly provided):
``(A) Compact.--The term `compact' means a compact
between the Secretary and an Indian tribe entered into
under subsection (c).
``(B) Department.--The term `Department' means the
Department of Transportation.
``(C) Eligible indian tribe.--The term `eligible
Indian tribe' means an Indian tribe that is eligible to
participate in the program, as determined under
subsection (b).
``(D) Funding agreement.--The term `funding
agreement' means a funding agreement between the
Secretary and an Indian tribe entered into under
subsection (d).
``(E) Indian tribe.--The term `Indian tribe' means
any Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a). 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 part,
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 part shall include such
other authorized Indian tribe, intertribal consortium,
or tribal organization.
``(F) Program.--The term `program' means the tribal
transportation self-governance program established
under this section.
``(G) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(H) Transportation programs.--The term
`transportation programs' means all programs
administered or financed by the Department under this
title and chapter 53 of title 49.
``(2) Applicability of other definitions.--In this section,
the definitions set forth in sections 4 and 505 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b; 458aaa) apply, except as otherwise expressly provided in
this section.
``(n) Regulations.--
``(1) In general.--
``(A) Promulgation.--Not later than 90 days after the
date of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015, 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 paragraph (1) shall expire
30 months after such date of enactment.
``(D) Extension of deadlines.--A deadline set forth
in paragraph (1)(B) or (1)(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 such chapter is amended by
inserting after the item relating to section 206 the following:
``207. Tribal transportation self-governance program.''.
SEC. 1117. EMERGENCY RELIEF.
(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 Federal lands transportation
facilities or other federally owned roads that are open
to public travel (as defined in subsection (e)).''.
(b) Definitions.--Section 125(e) of title 23, United States Code, is
amended by striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Open to public travel.--The term `open to
public travel' means, with respect to a road, that,
except during scheduled periods, extreme weather
conditions, or emergencies, the road--
``(i) is maintained;
``(ii) is open to the general public; and
``(iii) can accommodate travel by a standard
passenger vehicle, without restrictive gates or
prohibitive signs or regulations, other than
for general traffic control or restrictions
based on size, weight, or class of
registration.
``(B) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of
clearance from the lowest point of the frame, body,
suspension, or differential to the ground.''.
SEC. 1118. 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
$6,000,000 for each of fiscal years 2016 through 2021,
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. 1119. 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.
``(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 within the applicable bundle.
``(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. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h)(1) of MAP-21 (23 U.S.C. 202 note) is amended by
striking ``fiscal years'' and all that follows through the period at
the end and inserting ``fiscal years 2016 through 2021.''.
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147(e) of title 23, United States Code, is amended by
striking ``2013 and 2014'' and inserting ``2016 through 2021''.
Subtitle B--Planning and Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) 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'';
(2) 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 commensurate with other officials
described in paragraph (2).''; and
(C) in paragraph (5) as so redesignated by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(3) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(4) in subsection (g)(3)(A), by inserting ``tourism, natural
disaster risk reduction,'' after ``economic development,'';
(5) 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 resilience and reliability of the
transportation system; 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'';
(6) in subsection (i)--
(A) in paragraph (2)(A)(i) by striking ``transit,''
and inserting ``public transportation facilities,
intercity bus facilities,'';
(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;
(7) 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 with a transportation management
area may develop a plan that includes projects and
strategies that will be considered in the TIP of such
metropolitan planning organization. Such plan shall--
``(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.'';
(8) 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'';
(9) in subsection (n)(1) by inserting ``49'' after ``chapter
53 of title''; and
(10) in subsection (p) by striking ``Funds set aside under
section 104(f)'' and inserting ``Funds apportioned under
section 104(b)(5)''.
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'';
(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 resilience and reliability of the
transportation system; 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''; and
(3) in subsection (f)--
(A) in paragraph (3)(A)(ii)--
(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
(B) in paragraph (7), in the matter preceding
subparagraph (A), by striking ``should'' and inserting
``shall''.
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. 4231 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. 4231 et seq.), the Secretary determines that
there is no feasible or prudent alternative to avoid
use of a historic site, the Secretary may--
``(i) include the determination of the
Secretary in the analysis required under that
Act;
``(ii) provide a notice of the determination
to--
``(I) each applicable State historic
preservation officer and tribal
historic preservation officer;
``(II) the Council, if the Council is
participating in the consultation
process under section 306108 of title
54; and
``(III) the Secretary of the
Interior; and
``(iii) request from the applicable
preservation officer, the Council, and the
Secretary of the Interior a concurrence that
the determination is sufficient to satisfy the
requirement of 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 be--
``(i) included in the record of decision or
finding of no significant impact of the
Secretary; and
``(ii) posted on an appropriate Federal Web
site 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 the
requirements of subsection (a)(2) through the
consultation requirements of section 306108 of title
54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of 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. 4231 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. 4231 et seq.), the Secretary determines that
there is no feasible or prudent alternative to avoid
use of a historic site, the Secretary may--
``(i) include the determination of the
Secretary in the analysis required under that
Act;
``(ii) provide a notice of the determination
to--
``(I) each applicable State historic
preservation officer and tribal
historic preservation officer;
``(II) the Council, if the Council is
participating in the consultation
process under section 306108 of title
54; and
``(III) the Secretary of the
Interior; and
``(iii) request from the applicable
preservation officer, the Council, and the
Secretary of the Interior a concurrence that
the determination is sufficient to satisfy the
requirement of 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 (a)(1)
shall be required.
``(C) Publication.--A notice of a determination,
together with each relevant concurrence to that
determination, under subparagraph (A) shall be--
``(i) included in the record of decision or
finding of no significant impact of the
Secretary; and
``(ii) posted on an appropriate Federal Web
site 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 the
requirements of subsection (c)(2) through the
consultation requirements of section 306108 of title
54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of 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. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER
PRESERVATION REQUIREMENTS.
(a) Title 23 Amendment.--Section 138 of title 23, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(d) 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,
as amended by this Act, is further amended--
(1) in subsection (c), in the matter preceding paragraph (1),
by striking ``subsection (d)'' and inserting ``subsections (d),
(e), and (f)''; and
(2) 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 (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. 1303. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL AUTHORITIES.
(a) Title 23 Amendment.--Section 138 of title 23, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(e) 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. 915) as
in effect before the repeal of that section).''.
(b) Title 49 Amendment.--Section 303 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(g) 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. 915) as
in effect before the repeal of that section).''.
SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION
REQUIREMENTS.
(a) Title 23 Amendment.--Section 138 of title 23, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(f) Bridge Exemption.--A common post-1945 concrete or steel bridge
or culvert that is exempt from individual review under section 306108
of title 54 (as described in 77 Fed. Reg. 68790) shall be treated under
this section as having a de minimis impact on an area.''.
(b) Title 49 Amendment.--Section 303 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(h) Bridge Exemption.--A common post-1945 concrete or steel bridge
or culvert that is exempt from individual review under section 306108
of title 54 (as described in 77 Fed. Reg. 68790) shall be treated under
this section as having a de minimis impact on an area.''.
SEC. 1305. 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.'';
(2) by adding at the end the following:
``(9) Substantial deference.--The term `substantial
deference' means deference by a participating agency to the
recommendations and decisions of the lead agency unless it is
not possible to defer without violating the participating
agency's statutory responsibilities.''.
(b) 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)(1)(A) of title 23, United
States Code, is amended by inserting ``, or an operating administration
thereof designated by the Secretary,'' after ``Department of
Transportation''.
(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
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.''.
(e) Project Initiation.--Section 139(e) of title 23, United States
Code, is amended by adding at the end the following:
``(3) Environmental checklist.--
``(A) Development.--The lead agency for a project, in
consultation with participating agencies, shall
develop, as appropriate, a checklist to help project
sponsors identify potential natural, cultural, and
historic resources in the area of the project.
``(B) Purpose.--The purposes of the checklist are--
``(i) to identify agencies and organizations
that can provide information about natural,
cultural, and historic resources;
``(ii) to develop the information needed to
determine the range of alternatives; and
``(iii) to improve interagency collaboration
to help expedite the permitting process for the
lead agency and participating agencies.''.
(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'';
(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 seek the involvement of
participating agencies and the public for the
purpose of reaching agreement early in the
environmental review process on a reasonable
range of alternatives that will satisfy all
subsequent Federal environmental review and
permit requirements.
``(ii) Comments of participating agencies.--
To the maximum extent practicable and
consistent with applicable law, each
participating agency receiving an opportunity
for involvement under clause (i) shall--
``(I) limit the agency's comments to
subject matter areas within the
agency's special expertise or
jurisdiction; and
``(II) afford substantial deference
to the range of alternatives
recommended by the lead agency.
``(iii) Effect of nonparticipation.--A
participating agency that declines to
participate in the development of the purpose
and need and reasonable range of alternatives
for a project shall be required to comply with
the schedule developed under subsection
(g)(1)(B).''; and
(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 its
responsibilities under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in a timely
manner.''.
(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'' and inserting ``shall establish''.
(2) Deadlines for decisions under other laws.--Section
139(g)(3) of title 23, United States Code, is amended to read
as follows:
``(3) Deadlines for decisions under other laws.--
``(A) In general.--In any case in which a decision
under any Federal law relating to a project (including
the issuance or denial of a permit or license) is
required by law, regulation, or Executive order to be
made after the date on which the lead agency has issued
a categorical exclusion, finding of no significant
impact, or record of decision with respect to the
project, any such later decision shall be made or
completed by the later of--
``(i) the date that is 180 days after the
lead agency's final decision has been made; or
``(ii) the date that is 180 days after the
date on which a completed application was
submitted for the permit or license.
``(B) Treatment of delays.--Following the deadline
established by subparagraph (A), the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, and publish on the Department's Internet Web
site--
``(i) as soon as practicable after the 180-
day period, an initial notice of the failure of
the Federal agency to make the decision; and
``(ii) every 60 days thereafter, until such
date as all decisions of the Federal agency
relating to the project have been made by the
Federal agency, an additional notice that
describes the number of decisions of the
Federal agency that remain outstanding as of
the date of the additional notice.''.
(3) Adoption of documents; accelerated decisionmaking in
environmental reviews.--
(A) In general.--Section 139(g) of title 23, United
States Code, is amended--
(i) by redesignating paragraph (4) as
paragraph (5); and
(ii) by inserting after paragraph (3) the
following:
``(4) Accelerated decisionmaking in environmental reviews.--
``(A) In general.--In preparing a final environmental
impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the
lead agency modifies the statement in response to
comments that are minor and are confined to factual
corrections or explanations of why the comments do not
warrant additional agency response, the lead agency may
write on errata sheets attached to the statement
instead of rewriting the draft statement, subject to
the condition that the errata sheets--
``(i) cite the sources, authorities, and
reasons that support the position of the
agency; and
``(ii) if appropriate, indicate the
circumstances that would trigger agency
reappraisal or further response.
``(B) Single document.--To the maximum extent
practicable, the lead agency shall expeditiously
develop a single document that consists of a final
environmental impact statement and a record of
decision, unless--
``(i) the final environmental impact
statement makes substantial changes to the
proposed action that are relevant to
environmental or safety concerns; or
``(ii) there is a significant new
circumstance or information relevant to
environmental concerns that bears on the
proposed action or the impacts of the proposed
action.''.
(B) 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.
(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 and participating agencies may not 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) of
this subsection) is amended by striking ``paragraph (5) and''
and inserting ``paragraph (6)''.
(3) Accelerated issue resolution and referral.--Section
139(h)(6) of title 23, United States Code, (as redesignated by
paragraph (1)(A) of this subsection) is amended by striking
subparagraph (C) and inserting the following:
``(C) Referral to council on environmental quality.--
``(i) In general.--If issue resolution for a
project is not achieved on or before the 30th
day after the date of a meeting under
subparagraph (B), the Secretary shall refer the
matter to the Council on Environmental Quality.
``(ii) Meeting.--Not later than 30 days after
the date of receipt of a referral from the
Secretary under clause (i), the Council on
Environmental Quality shall hold an issue
resolution meeting with--
``(I) the head of the lead agency;
``(II) the heads of relevant
participating agencies; and
``(III) the project sponsor
(including the Governor only if the
initial issue resolution meeting
request came from the Governor).
``(iii) Resolution.--The Council on
Environmental Quality shall work with the lead
agency, relevant participating agencies, and
the project sponsor until all issues are
resolved.''.
(4) Financial penalty provisions.--Section 139(h)(7)(B)(i)(I)
of title 23, United States Code, (as redesignated by paragraph
(1)(A) of this subsection) is amended by striking ``under
section 106(i) is required'' and inserting ``is required under
subsection (h) or (i) of section 106''.
(i) Assistance to Affected State and Federal Agencies.--
(1) In general.--Section 139(j)(1) of title 23, United States
Code, is amended to read as follows:
``(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)(6) of title 23, United States
Code, is amended to read as follows:
``(6) Agreement.--Prior to providing funds approved by the
Secretary for dedicated staffing at an affected agency under
paragraphs (1) and (2), the affected agency and the requesting
public entity shall enter into an agreement that establishes
the projects and priorities to be addressed by the use of the
funds.''.
(j) 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. 1306. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
(a) In General.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall--
(1) maintain and use a searchable Internet Web site--
(A) to make publicly available the status and
progress of projects, as defined in section 139 of
title 23, United States Code, 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 such projects;
and
(B) 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 section 139(f) of title 23, United
States Code; and
(2) in coordination with agencies described in subsection (b)
and State agencies, issue reporting standards to meet the
requirements of paragraph (1).
(b) Federal, State, and Local Agency Participation.--A Federal,
State, or local agency participating in the environmental review or
permitting process for a project, as defined in section 139 of title
23, United States Code, shall provide to the Secretary information
regarding the status and progress of the approval of the project for
publication on the Internet Web site maintained under subsection (a),
consistent with the standards established under subsection (a).
(c) 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 of title
23, United States Code, shall be responsible for supplying project
development and compliance status to the Secretary for all applicable
projects.
SEC. 1307. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) Definitions.--Section 168(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Environmental review process.--The term `environmental
review process' has the meaning given that term in section
139(a).'';
(2) by redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Lead agency.--The term `lead agency' has the meaning
given that term in section 139(a).''; and
(4) by striking paragraph (3) (as redesignated by paragraph
(2) of this subsection) and inserting the following:
``(3) Planning product.--The term `planning product' means a
decision, analysis, study, or other documented information that
is the result of an evaluation or decisionmaking process
carried out by a metropolitan planning organization or a State,
as appropriate, during metropolitan or statewide transportation
planning under section 134 or section 135, respectively.''.
(b) Adoption of Planning Products for Use in NEPA Proceedings.--
Section 168(b) of title 23, United States Code, is amended--
(1) in the subsection heading by inserting ``or Incorporation
by Reference'' after ``Adoption'';
(2) in paragraph (1) by striking ``the Federal lead agency
for a project may adopt'' and inserting ``and to the maximum
extent practicable and appropriate, the lead agency for a
project may adopt or incorporate by reference'';
(3) by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively;
(4) by striking paragraph (2) (as so redesignated) and
inserting the following:
``(2) Partial adoption or incorporation by reference of
planning products.--The lead agency may adopt or incorporate by
reference a planning product under paragraph (1) in its
entirety or may select portions for adoption or incorporation
by reference.''; and
(5) in paragraph (3) (as so redesignated) by inserting ``or
incorporation by reference'' after ``adoption''.
(c) Applicability.--
(1) Planning decisions.--Section 168(c)(1) of title 23,
United States Code, is amended--
(A) in the matter preceding subparagraph (A) by
striking ``adopted'' and inserting ``adopted or
incorporated by reference by the lead agency'';
(B) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively;
(C) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) the project purpose and need;'';
(D) by striking subparagraph (B) (as so redesignated)
and inserting the following:
``(B) the preliminary screening of alternatives and
elimination of unreasonable alternatives;'';
(E) in subparagraph (C) (as so redesignated) by
inserting ``and general travel corridor'' after ``modal
choice'';
(F) in subparagraph (E) (as so redesignated) by
striking ``and'' at the end;
(G) in subparagraph (F) (as so redesignated)--
(i) in the matter preceding clause (i) by
striking ``potential impacts'' and all that
follows through ``resource agencies,'' and
inserting ``potential impacts of a project,
including a programmatic mitigation plan
developed in accordance with section 169, that
the lead agency''; and
(ii) in clause (ii) by striking the period at
the end and inserting ``; and''; and
(H) by adding at the end the following:
``(G) whether tolling, private financial assistance,
or other special financial measures are necessary to
implement the project.''.
(2) Planning analyses.--Section 168(c)(2) of title 23, United
States Code, is amended--
(A) in the matter preceding subparagraph (A) by
striking ``adopted'' and inserting ``adopted or
incorporated by reference by the lead agency'';
(B) in subparagraph (G)--
(i) by inserting ``direct, indirect, and''
before ``cumulative effects''; and
(ii) by striking ``, identified as a result
of a statewide or regional cumulative effects
assessment''; and
(C) in subparagraph (H)--
(i) by striking ``proposed action'' and
inserting ``proposed project''; and
(ii) by striking ``Federal lead agency'' and
inserting ``lead agency''.
(d) Conditions.--Section 168(d) of title 23, United States Code, is
amended--
(1) in the matter preceding paragraph (1) by striking
``Adoption and use'' and all that follows through ``Federal
lead agency, that'' and inserting ``The lead agency in the
environmental review process may adopt or incorporate by
reference and use a planning product under this section if the
lead agency determines that'';
(2) in paragraph (2) by striking ``by engaging in active
consultation'' and inserting ``in consultation'';
(3) by striking paragraphs (4) and (5) and inserting the
following:
``(4) The planning process included public notice that the
planning products may be adopted or incorporated by reference
during a subsequent environmental review process in accordance
with this section.
``(5) During the environmental review process, but prior to
determining whether to rely on and use the planning product,
the lead agency has--
``(A) made the planning documents available for
review and comment by members of the general public and
Federal, State, local, and tribal governments that may
have an interest in the proposed action;
``(B) provided notice of the lead agency's intent to
adopt the planning product or incorporate the planning
product by reference; and
``(C) considered any resulting comments.'';
(4) in paragraph (9)--
(A) by inserting ``or incorporation by reference''
after ``adoption''; and
(B) by inserting ``and is sufficient to meet the
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)'' after ``for the
project''; and
(5) in paragraph (10) by striking ``not later than 5 years
prior to date on which the information is adopted'' and
inserting ``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.--Section 168(e)
of title 23, United States Code, is amended--
(1) in the subsection heading by inserting ``or Incorporation
by Reference'' after ``Adoption''; and
(2) by striking ``adopted by the Federal lead agency'' and
inserting ``adopted or incorporated by reference by the lead
agency''.
SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is amended by
striking ``may use'' and inserting ``shall give substantial weight
to''.
SEC. 1309. DELEGATION 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 delegate responsibility to the States 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 the Senate recommendations for
legislation to permit the delegation of additional authorities to the
States, including with respect to real estate acquisition and project
design.
SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
(a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 U.S.C. 109
note) 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 Price
Index prepared by the Department of Labor)'' after
``$30,000,000''.
(b) Retroactive Application.--The first adjustment made pursuant to
the amendments made by subsection (a) shall--
(1) be carried out not later than 60 days after the date of
enactment of this Act; and
(2) reflect the increase in the Consumer Price Index since
July 1, 2012.
SEC. 1311. 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 cooperating authority's
implementing regulations or procedures under such Act; and
``(3) the lead authority determines that--
``(A) the proposed multimodal project does not
individually or cumulatively have a significant impact
on the environment; and
``(B) extraordinary circumstances do not exist that
merit additional analysis and documentation in an
environmental impact statement or environmental
assessment required under such 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. 1312. 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 6 months after execution of the
agreement, meet with the State to review implementation
of the agreement and discuss plans for the first annual
audit;
``(B) conduct annual audits during each of the first
4 years of State participation; and
``(C) ensure that the time period for completing an
annual audit, from initiation to completion (including
public comment and responses to those comments), does
not exceed 180 days.''; and
(B) by adding at the end the following:
``(3) Audit team.--An audit conducted under paragraph (1)
shall be carried out by an audit team determined by the
Secretary, in consultation with the State. Such consultation
shall include a reasonable opportunity for the State to review
and provide comments on the proposed members of the audit
team.''; and
(5) by adding at the end the following:
``(k) Capacity Building.--The Secretary, in cooperation with
representatives of State officials, may carry out education, training,
peer-exchange, and other initiatives as appropriate--
``(1) to assist States in developing the capacity to
participate in the assignment program under this section; and
``(2) to promote information sharing and collaboration among
States that are participating in the assignment program under
this section.
``(l) Relationship to Locally Administered Projects.--A State granted
authority under this section may, as appropriate and at the request of
a local government--
``(1) exercise such authority on behalf of the local
government for a locally administered project; or
``(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses
necessary for sponsors of a locally administered project to
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any comparable requirements under
State law.''.
SEC. 1313. 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 and Federal laws.
(b) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Program for eliminating duplication of environmental
reviews
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a pilot
program to authorize States that are approved to participate in
the program to conduct environmental reviews and make approvals
for projects under State environmental laws and regulations
instead of Federal environmental laws and regulations,
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 review and approval procedures.--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) such provisions of sections 109(h),
128, and 139 related to the application of that
Act 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;
``(ii) such provisions of sections 109(h),
128, and 139 related to the application of that
Act 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;
``(2) each Federal law described in subsection (a)(3) that
the State is seeking to substitute;
``(3) each State law and regulation that the State intends to
substitute for such Federal law, Federal regulation, or
Executive order;
``(4) an explanation of the basis for concluding that the
State law or regulation is substantially equivalent to the
Federal law 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 an application submitted under subsection (b);
``(2) approve or disapprove the application not later than 90
days after the date of receipt of the application; 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, determines that the laws and regulations of the
State described in the application are substantially
equivalent to the Federal laws that the State is
seeking to substitute;
``(B) the Secretary determines that the State has the
capacity, including financial and personnel, to assume
the responsibility; and
``(C) the State has executed an agreement with the
Secretary, in accordance with section 327, providing
for environmental review, consultation, or other action
under Federal environmental laws pertaining to the
review or approval of a specific project.
``(2) Exclusion.--The National Environmental Policy Act of
1969 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--
``(A) for failure of the State to meet the
requirements of this section; or
``(B) if the action involves the exercise of
authority by the State under this section and section
327.
``(2) State jurisdiction.--A State court shall have exclusive
jurisdiction over any civil action against a State if the
action involves the exercise of authority by the State under
this section not covered by paragraph (1).
``(f) Election.--At its discretion, a State participating in the
programs under this section and section 327 may elect to apply the
National Environmental Protection Act of 1969 instead of the State's
alternative environmental review and approval procedures.
``(g) Treatment of State Laws and Regulations.--To the maximum extent
practicable and consistent with Federal law, other Federal agencies
with authority over a project subject to this section shall use
documents produced by a participating State under this section to
satisfy the requirements of the National Environmental Policy Act of
1969.
``(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 10
local governments for locally administered projects.
``(2) Scope.--For up to 10 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 or the State program,
or both, meets the requirements of such Act or program.
``(i) Review and Termination.--
``(1) In general.--A State program approved under this
section shall at all times be in accordance with the
requirements of this section.
``(2) Review.--The Secretary shall review each State program
approved under this section not less than once every 5 years.
``(3) Public notice and comment.--In conducting the review
process under paragraph (2), the Secretary shall provide notice
and an opportunity for public comment.
``(4) Withdrawal of approval.--If the Secretary, in
consultation with the Chair, determines at any time that a
State is not administering a State program approved under this
section in accordance with the requirements of this section,
the Secretary shall so notify the State, and if appropriate
corrective action is not taken within a reasonable time, not to
exceed 90 days, the Secretary shall withdraw approval of the
State program.
``(5) Extensions and terminations.--At the conclusion of the
review process under paragraph (2), the Secretary may extend
for an additional 5-year period or terminate the authority of a
State under this section to substitute that State's laws and
regulations for Federal laws.
``(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; and
``(3) any recommendations for modifications to the program.
``(k) 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) Rulemaking.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation, 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 substantially equivalent.--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 substantially
equivalent to a Federal law described in section
330(a)(3) of title 23, United States Code;
(B) ensure that such 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
Federal law.
(d) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``330. Program for eliminating duplication of environmental reviews.''.
SEC. 1314. 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
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.
SEC. 1315. 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. Improving State and Federal agency engagement in
environmental reviews
``(a) In General.--
``(1) Requests to provide funds.--A public entity receiving
financial assistance from the Department of Transportation for
1 or more projects, or for a program of projects, for a public
purpose may request that the Secretary allow the public entity
to provide funds to Federal agencies, including the Department,
State agencies, and Indian tribes participating in the
environmental planning and review process for the project,
projects, or program.
``(2) Use of funds.--The funds may be provided only to
support activities that directly and meaningfully contribute to
expediting and improving permitting and review processes,
including planning, approval, and consultation processes for
the project, projects, or program.
``(b) Activities Eligible for Funding.--Activities for which funds
may be provided under subsection (a) include transportation planning
activities that precede the initiation of the environmental review
process, activities directly related to the environmental review
process, dedicated staffing, training of agency personnel, information
gathering and mapping, and development of programmatic agreements.
``(c) Amounts.--Requests 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
their 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) Rulemaking.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall initiate a
rulemaking to implement this section.
``(2) Factors.--As part of the rulemaking carried out 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. 1316. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 304 the following:
``Sec. 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 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 paragraph.
``(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 adopting operating
administration's use when preparing an environmental assessment
or final environmental impact statement for a project without
recirculating the document for public review, if--
``(A) the adopting operating administration certifies
that its 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
adopting operating administration's use 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
is 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, is amended by inserting after the item relating to
section 304 the following:
``304a. Accelerated decisionmaking in environmental reviews.''.
SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 309 the following:
``Sec. 310. Aligning Federal environmental reviews
``(a) Coordinated and Concurrent Environmental Reviews.--Not later
than 1 year after the date of enactment of this section, the Department
of Transportation, in coordination with the heads of Federal agencies
likely to have substantive review or approval responsibilities under
Federal law, shall develop a coordinated and concurrent environmental
review and permitting process for transportation projects when
initiating an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this
section referred to as `NEPA').
``(b) Contents.--The coordinated and concurrent environmental review
and permitting process shall--
``(1) ensure that the Department 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 shall facilitate annual interagency
collaboration sessions at the appropriate jurisdictional level
to coordinate business plans and facilitate coordination of
workload planning and workforce management.
``(2) Purpose of collaboration sessions.--The interagency
collaboration sessions shall ensure that agency staff is--
``(A) fully engaged;
``(B) utilizing the flexibility of existing
regulations, policies, and guidance; and
``(C) identifying additional actions to facilitate
high quality, efficient, and targeted environmental
reviews and permitting decisions.
``(3) Focus of collaboration sessions.--The interagency
collaboration sessions, and the interagency collaborations
generated by the sessions, shall focus on methods to--
``(A) work with State and local transportation
entities to improve project planning, siting, and
application quality; and
``(B) consult and coordinate with relevant
stakeholders and Federal, tribal, State, and local
representatives early in permitting processes.
``(e) Performance Measurement.--Not later than 1 year after the date
of enactment of this section, the Secretary, in coordination with
relevant Federal agencies, shall establish a program to measure and
report on progress towards aligning Federal reviews as outlined in this
section.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 309 the following:
``310. Aligning Federal environmental reviews.''.
Subtitle D--Miscellaneous
SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND
REHABILITATION.
(a) Tolling.--Section 129(a) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``, bridge, or
tunnel'' each place it appears;
(B) in subparagraph (C) by striking ``, bridge, or
tunnel'' each place it appears;
(C) by striking subparagraph (G);
(D) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H); and
(E) in subparagraph (G) as redesignated--
(i) by inserting ``(HOV)'' after ``high
occupancy vehicle''; and
(ii) by inserting ``under section 166 of this
title'' after ``facility'';
(2) in paragraph (3)(A)--
(A) by striking ``shall use'' and inserting ``shall
ensure that''; and
(B) by inserting ``are used'' after ``toll facility''
the second place it appears; and
(3) by striking paragraph (4) and redesignating paragraphs
(5) through (10) as paragraphs (4) through (9), respectively.
(b) HOV Facilities.--Section 166 of title 23, United States Code, is
amended--
(1) 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'';
(2) in subsection (b)--
(A) by striking ``State agency'' each place it
appears and inserting ``public authority'';
(B) in paragraph (3)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by inserting at the end the following:
``(C) provides equal access for all public
transportation vehicles and over-the-road buses.''; and
(C) in paragraph (5)--
(i) in subparagraph (A) by striking ``2017''
and inserting ``2021''; and
(ii) in subparagraph (B) by striking ``2017''
and inserting ``2021'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(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.'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) by inserting after paragraph (2), as
redesignated, the following:
``(3) Exemption from tolls.--In levying tolls on a facility
under this section, a public authority may designate classes of
vehicles that are exempt from the tolls or charge different
toll rates for different classes of vehicles, if equal rates
are charged for all public transportation vehicles and over-
the-road buses, whether publicly or privately owned.'';
(4) in subsection (d)--
(A) by striking ``State agency'' each place it
appears and inserting ``public authority'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively;
and
(ii) by inserting after subparagraph (C) the
following:
``(D) Consultation of mpo.--If the facility is on the
Interstate System and located in a metropolitan
planning area established in accordance with section
134, consulting with the metropolitan planning
organization for the area concerning the placement and
amount of tolls on the facility.''; and
(iii) in subparagraph (F), as redesignated--
(I) by striking ``State'' the first
place it appears and inserting ``public
authority''; and
(II) by striking ``subparagraph (D)''
and inserting ``subparagraph (E)''; and
(5) in subsection (f)--
(A) in paragraph (4)(B)(iii) by striking ``State
agency'' and inserting ``public authority''; and
(B) by striking paragraph (5) and inserting after
paragraph (4) the following:
``(5) Over-the-road bus.--The term `over-the-road bus' means
a vehicle as defined in section 301(5) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12181(5)).
``(6) Public authority.--The term `public authority' as used
with respect to a HOV facility, means a State, interstate
compact of States, public entity designated by a State, or
local government having jurisdiction over the operation of the
facility.''.
(c) Interstate System Reconstruction and Rehabilitation Pilot
Program.--Section 1216(b) of the Transportation Equity Act for the 21st
Century (Public Law 105-178) is amended--
(1) in paragraph (4)--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) the State has approved enabling legislation
required for the project to proceed.'';
(2) by redesignating paragraphs (6) through (8) as paragraphs
(8) through (10), respectively; and
(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;
``(ii) funding and financing commitments for
the pilot project;
``(iii) expressions of support for the pilot
project from State and local governments,
community interests, and the public; and
``(iv) submission of a facility management
plan pursuant to paragraph (3)(D).
``(C) Conditions for previously provisionally
approved applications.--A State with a provisionally
approved application for a pilot project as of the date
of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015 shall have 1
year after such date of enactment to meet the
requirements of subparagraph (A) or receive an
extension from the Secretary under subparagraph (B), or
the application will expire.
``(7) Definition.--In this subsection, the term `provisional
approval' or `provisionally approved' means the approval by the
Secretary of a partial application under this subsection,
including the reservation of a slot in the pilot program.''.
(d) Approval of Applications.--The Secretary may approve an
application submitted under section 1604(c) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1253) if the application, or any part of the
application, was submitted before the deadline specified in section
1604(c)(8) of that Act.
SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Prohibition.--Except as provided in subsection (b), for fiscal
years 2016 through 2021, 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. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
(a) In General.--Section 164(a)(4) of title 23, United States Code,
is amended--
(1) in the matter preceding subparagraph (A) by inserting ``,
or a combination of State laws,'' after ``a State law''; and
(2) by striking subparagraph (A) and inserting the following:
``(A) receive, for 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
system installed (allowing for limited
exceptions for circumstances when the
individual is required to operate an employer's
motor vehicle in the course and scope of
employment and the business entity that owns
the vehicle is not owned or controlled by the
individual); or
``(iii) a combination of both clauses (i) and
(ii);''.
(b) Application.--The amendments made by this section shall apply
with respect to fiscal years beginning after the date of enactment of
this Act.
SEC. 1404. 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.--The Secretary shall compile data
in accordance with this subsection on the use of Federal-aid
highway funds made available under this title.
``(2) Requirements.--The Secretary shall ensure that the
reports required under this subsection are made available in a
user-friendly manner on the public Internet Web site of the
Department and can be searched and downloaded by users of the
Web site.
``(3) Contents of reports.--
``(A) Apportioned and allocated programs.--On a
semiannual basis, the Secretary shall make available a
report on funding apportioned and allocated to the
States under this title that describes--
``(i) the amount of funding obligated by each
State, year-to-date, for the current fiscal
year;
``(ii) the amount of funds remaining
available for obligation by each State;
``(iii) changes in the obligated, unexpended
balance for each State, year-to-date, during
the current fiscal year, including the
obligated, unexpended balance at the end of the
preceding fiscal year and current fiscal year
expenditures;
``(iv) the amount and program category of
unobligated funding, year-to-date, available
for expenditure at the discretion of the
Secretary;
``(v) the rates of obligation on and off the
National Highway System, year-to-date, for the
current fiscal year of funds apportioned,
allocated, or set aside under this section,
according to--
``(I) program;
``(II) funding category or
subcategory;
``(III) type of improvement;
``(IV) State; and
``(V) sub-State geographical area,
including urbanized and rural areas, on
the basis of the population of each
such area; and
``(vi) the amount of funds transferred by
each State, year-to-date, for the current
fiscal year between programs under section 126.
``(B) Project data.--On an annual basis, the
Secretary shall make available a report that, to the
maximum extent possible, provides project-specific data
describing--
``(i) for all projects funded under this
title (excluding projects for which funds are
transferred to agencies other than the Federal
Highway Administration)--
``(I) the specific location of the
project;
``(II) the total cost of the project;
``(III) the amount of Federal funding
obligated for the project;
``(IV) the program or programs from
which Federal funds have been obligated
for the project;
``(V) the type of improvement being
made; and
``(VI) the ownership of the highway
or bridge; and
``(ii) for any project funded under this
title (excluding projects for which funds are
transferred to agencies other than the Federal
Highway Administration) with an estimated total
cost as of the start of construction in excess
of $100,000,000, the data specified under
clause (i) and additional data describing--
``(I) whether the project is located
in an area of the State with a
population of--
``(aa) less than 5,000
individuals;
``(bb) 5,000 or more
individuals but less than
50,000 individuals;
``(cc) 50,000 or more
individuals but less than
200,000 individuals; or
``(dd) 200,000 or more
individuals;
``(II) the estimated cost of the
project as of the start of project
construction, or the revised cost
estimate based on a description of
revisions to the scope of work or other
factors affecting project cost other
than cost overruns; and
``(III) the amount of non-Federal
funds obligated for the project.''.
(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. 1405. 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 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
(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.''.
(b) Inclusion of Certain Route Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended--
(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 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.''.
(d) Future Interstate Designation.--Section 119(a) of the SAFETEA-LU
Technical Corrections Act of 2008 is amended by striking ``and, as a
future Interstate Route 66 Spur, the Natcher Parkway in Owensboro,
Kentucky'' and inserting ``between Henderson, Kentucky, and Owensboro,
Kentucky, and, as a future Interstate Route 65 and 66 Spur, the William
H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro,
Kentucky''.
SEC. 1406. 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.
SEC. 1407. 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. 1408. 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
2021, 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. 1409. FEDERAL SHARE PAYABLE.
(a) Innovative Project Delivery Methods.--Section 120(c)(3)(A)(ii) of
title 23, United States Code, is amended by inserting ``engineering or
design approaches,'' after ``technologies,''.
(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. 1410. 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. 1411. TECHNICAL CORRECTIONS.
(a) Title 23.--Title 23, United States Code, is amended as follows:
(1) Section 150(c)(3)(B) is amended by striking the semicolon
at the end and inserting a period.
(2) Section 154(c) is amended--
(A) in paragraph (3)(A) by striking ``transferred''
and inserting ``reserved''; and
(B) 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)''.
(3) Section 164(b) is amended--
(A) in paragraph (3)(A) by striking ``transferred''
and inserting ``reserved''; and
(B) in paragraph (5) by inserting ``or released''
after ``transferred''.
(b) MAP-21.--Effective as of July 6, 2012, and as if included therein
as enacted, MAP-21 (Public Law 112-141) is amended as follows:
(1) Section 1109(a)(2) (126 Stat. 444) is amended by striking
``fourth'' and inserting ``fifth''.
(2) Section 1203 (126 Stat. 524) is amended--
(A) in subsection (a) by striking ``Section 150 of
title 23, United States Code, is amended to read as
follows'' and inserting ``Title 23, United States Code,
is amended by inserting after section 149 the
following''; and
(B) in subsection (b) by striking ``by striking the
item relating to section 150 and inserting'' and
inserting ``by inserting after the item relating to
section 149''.
(3) Section 1313(a)(1) (126 Stat. 545) is amended to read as
follows:
``(1) in the section heading by striking `pilot'; and''.
(4) Section 1314(b) (126 Stat. 549) is amended--
(A) by inserting ``chapter 3 of'' after ``analysis
for''; and
(B) by inserting a period at the end of the matter
proposed to be inserted.
(5) Section 1519(c) (126 Stat. 575) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) through (12) as
paragraphs (3) through (11), respectively;
(C) in paragraph (7), as redesignated by subparagraph
(B) of this paragraph--
(i) by striking the period at the end of the
matter proposed to be struck; and
(ii) by adding a period at the end; and
(D) in paragraph (8)(A)(i)(I), as redesignated by
subparagraph (B) of this paragraph, by striking ``than
rail'' in the matter proposed to be struck and
inserting ``than on rail''.
(6) Section 1528 is amended--
(A) in subsection (b) by inserting ``(or a lower
percentage if so requested by a State with respect to a
project)'' after ``100 percent''; and
(B) in subsection (c) by inserting ``(or a lower
percentage if so requested by a State with respect to a
project)'' after ``100 percent''.
SEC. 1412. 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) in all phases of
project planning, development, and operation, of all users of the
surface transportation network, including motorized and nonmotorized
users.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary shall make available to the public a report
cataloging examples of State law or State transportation policy that
provides for the safe and adequate accommodation, in all phases of
project planning, development, and operation of all users of the
surface transportation network.
(c) Best Practices.--Based on the report required 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
transportation network in all phases of project development and
operation.
SEC. 1413. DESIGN STANDARDS.
(a) In General.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) 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) 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.
SEC. 1414. RESERVE FUND.
(a) Limitation.--
(1) In general.--Notwithstanding funding, authorizations of
appropriations, and contract authority described in sections
1101, 1102, 3017, 4001, 5101, and 6002 of this Act, including
the amendments made by such sections, sections 125 and 147 of
title 23, United States Code, and section 5338(a) of title 49,
United States Code, no funding, authorization of
appropriations, and contract authority described in those
sections for fiscal years 2019 through 2021 shall exist unless
and only to the extent that a subsequent Act of Congress causes
additional monies to be deposited in the Highway Trust Fund.
(2) Administrative expenses.--The limitation on funds
provided in paragraph (1) shall not apply to--
(A) administrative expenses of the Federal Highway
Administration under sections 104(a) and 608(a)(6) of
title 23, United States Code;
(B) administrative expenses of the National Highway
Traffic Safety Administration under section 4001(a)(6)
of this Act;
(C) administrative expenses of the Federal Motor
Carrier Safety Administration under section 5103 of
this Act; and
(D) administrative expenses of the Federal Transit
Administration under section 5338(h) of title 49,
United States Code.
(b) Adjustments to Contract Authority.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 104 the following:
``Sec. 105. Adjustments to contract authority
``(a) Calculation.--
``(1) In general.--The President shall include in each of the
fiscal year 2017 through 2021 budget submissions to Congress
under section 1105(a) of title 31, for each of the Highway
Account and the Mass Transit Account, a calculation of the
difference between--
``(A) the actual level of monies deposited in that
account for the most recently completed fiscal year;
and
``(B) the estimated level of receipts for that
account for the most recently completed fiscal year, as
specified in paragraph (2).
``(2) Estimate.--The estimated level of receipts specified in
this paragraph are--
``(A) for the Highway Account--
``(i) for fiscal year 2015, $35,067,000,000;
``(ii) for fiscal year 2016, $35,498,000,000;
``(iii) for fiscal year 2017,
$35,879,000,000;
``(iv) for fiscal year 2018, $36,084,000,000;
and
``(v) for fiscal year 2019, $36,117,000,000;
and
``(B) for the Mass Transit Account--
``(i) for fiscal year 2015, $4,994,000,000;
``(ii) for fiscal year 2016, $5,020,000,000;
``(iii) for fiscal year 2017, $5,024,000,000;
``(iv) for fiscal year 2018, $5,011,000,000;
and
``(v) for fiscal year 2019, $4,981,000,000.
``(b) Adjustments to Contract Authority.--
``(1) Additional amounts.--If the difference determined in a
budget submission under subsection (a) for a fiscal year for
the Highway Account or the Mass Transit Account is greater than
zero, the Secretary shall on October 1 of the budget year of
that submission--
``(A) make available for programs authorized from
such account for the budget year a total amount equal
to--
``(i) the amount otherwise authorized to be
appropriated for such programs for such budget
year; plus
``(ii) an amount equal to such difference;
and
``(B) distribute the additional amount under
subparagraph (A)(ii) to each of such programs in
accordance with subsection (c).
``(2) Reduction.--If the difference determined in a budget
submission under subsection (a) for a fiscal year for the
Highway Account or the Mass Transit Account is less than zero,
the Secretary shall on October 1 of the budget year of that
submission--
``(A) make available for programs authorized from
such account for the budget year a total amount equal
to--
``(i) the amount otherwise authorized to be
appropriated for such programs for such budget
year; minus
``(ii) an amount equal to such difference;
and
``(B) apply the total adjustment under subparagraph
(A)(ii) to each of such programs in accordance with
subsection (c).
``(c) Distribution of Adjustment Among Programs.--
``(1) In general.--In making an adjustment for the Highway
Account or the Mass Transit Account for a budget year under
subsection (b), the Secretary shall--
``(A) determine the ratio that--
``(i) the amount authorized to be
appropriated for a program from the account for
the budget year; bears to
``(ii) the total amount authorized to be
appropriated for such budget year for all
programs under such account;
``(B) multiply the ratio determined under
subparagraph (A) by the applicable difference
calculated under subsection (a); and
``(C) adjust the amount that the Secretary would
otherwise have allocated for the program for such
budget year by the amount calculated under subparagraph
(B).
``(2) Formula programs.--For a program for which funds are
distributed by formula, the Secretary shall add or subtract the
adjustment to the amount authorized for the program but for
this section and make available the adjusted program amount for
such program in accordance with such formula.
``(3) Availability for obligation.--Adjusted amounts under
this subsection shall be available for obligation and
administered in the same manner as other amounts made available
for the program for which the amount is adjusted.
``(d) Exclusion of Emergency Relief Program and Covered
Administrative Expenses.--The Secretary shall exclude the emergency
relief program under section 125 and covered administrative expenses
from--
``(1) an adjustment of funding under subsection (c)(1); and
``(2) any calculation under subsection (b) or (c) related to
such an adjustment.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated from the appropriate account or accounts of the Highway
Trust Fund an amount equal to the amounts calculated under subsection
(a) for each of fiscal years 2017 through 2021.
``(f) Revision to Obligation Limitations.--
``(1) In general.--If the Secretary makes an adjustment under
subsection (b) for a fiscal year to an amount subject to a
limitation on obligations imposed by section 1102 or 3017 of
the Surface Transportation Reauthorization and Reform Act of
2015--
``(A) such limitation on obligations for such fiscal
year shall be revised by an amount equal to such
adjustment; and
``(B) the Secretary shall distribute such limitation
on obligations, as revised under subparagraph (A), in
accordance with such sections.
``(2) Exclusion of covered administrative expenses.--The
Secretary shall exclude covered administrative expenses from--
``(A) any calculation relating to a revision of a
limitation on obligations under paragraph (1)(A); and
``(B) any distribution of a revised limitation on
obligations under paragraph (1)(B).
``(g) Definitions.--In this section, the following definitions apply:
``(1) Budget year.--The term `budget year' means the fiscal
year for which a budget submission referenced in subsection
(a)(1) is submitted.
``(2) Covered administrative expenses.--The term `covered
administrative expenses' means the administrative expenses of--
``(A) the Federal Highway Administration, as
authorized under section 104(a);
``(B) the National Highway Traffic Safety
Administration, as authorized under section 4001(a)(6)
of the Surface Transportation Reauthorization and
Reform Act of 2015; and
``(C) the Federal Motor Carrier Safety
Administration, as authorized under section 31110 of
title 49.
``(3) Highway account.--The term `Highway Account' means the
portion of the Highway Trust Fund that is not the Mass Transit
Account.
``(4) Mass transit account.--The term `Mass Transit Account'
means the Mass Transit Account of the Highway Trust Fund
established under section 9503(e)(1) of the Internal Revenue
Code of 1986.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 104 the following:
``105. Adjustments to contract authority.''.
SEC. 1415. ADJUSTMENTS.
(a) In General.--On July 1, 2018, of the unobligated balances of
funds apportioned among the States under chapter 1 of title 23, United
States Code, a total of $6,000,000,000 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) sections 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
(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, 2017, for the State; bears to
(2) the unobligated balances subject to the rescission as of
September 30, 2017, 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, 2017, for
such program in such State; bears to
(2) the unobligated balances as of September 30, 2017, for
all programs to which the rescission applies in such State.
SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HYDROGEN, 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. National electric vehicle charging, hydrogen, and natural
gas fueling corridors
``(a) In General.--Not later than 1 year after the date of enactment
of the Surface Transportation Reauthorization and Reform Act of 2015,
the Secretary shall designate national electric vehicle charging,
hydrogen, and natural gas fueling corridors that identify the near- and
long-term need for, and location of, electric vehicle charging
infrastructure, hydrogen 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, 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 stations, 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, hydrogen 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, 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, hydrogen
infrastructure, and natural gas fueling infrastructure and
standardization needs for electricity providers, industrial gas
providers, natural gas providers, infrastructure providers,
vehicle manufacturers, electricity purchasers, and natural gas
purchasers; and
``(2) establishes an aspirational goal of achieving strategic
deployment of electric vehicle charging, hydrogen
infrastructure, and natural gas fueling infrastructure in those
corridors by the end of fiscal year 2021.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 150 the following:
``151. National electric vehicle charging, hydrogen, and natural gas
fueling corridors.''.
SEC. 1417. FERRIES.
Section 147 of title 23, United States Code, is amended by adding at
the end the following:
``(h) Redistribution of Unobligated Amounts.--The Secretary shall--
``(1) withdraw amounts allocated to eligible entities under
this section that remain unobligated by the end of the third
fiscal year following the fiscal year for which the amounts
were allocated; and
``(2) in the fiscal year beginning after a fiscal year in
which a withdrawal is made under paragraph (1), redistribute
the funds withdrawn, in accordance with the formula specified
under subsection (d), among eligible entities with respect to
which no amounts were withdrawn under paragraph (1).''.
SEC. 1418. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.--Subject to subsection (c), the Administrator of the
Federal Highway Administration shall commission the Transportation
Research Board of the National Academy of Sciences to conduct a study
on the performance of bridges that are at least 15 years old and
received funding under the innovative bridge research and construction
program (in this section referred to 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) 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 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 a report on
the results of the study commissioned under subsection (a) not later
than 3 years after the date of enactment of this Act.
SEC. 1419. 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. 1420. PILOT PROGRAM.
(a) In General.--The Secretary may establish a pilot program that
allows a State to utilize innovative approaches to maintain the right-
of-way of Federal-aid highways within such State.
(b) Limitation.--A pilot program established under subsection (a)
shall--
(1) terminate after not more than 6 years;
(2) include not more than 5 States; and
(3) be subject to guidelines published by the Secretary.
(c) Report.--If the Secretary establishes a pilot program under
subsection (a), the Secretary 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.
SEC. 1421. INNOVATIVE PROJECT DELIVERY EXAMPLES.
Section 120(c)(3)(B) of title 23, United States Code, is amended--
(1) in clause (iv) by striking ``or'' at the end;
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following:
``(v) innovative pavement materials that have
a demonstrated life cycle of 75 or more years,
are manufactured with reduced greenhouse gas
emissions, and reduce construction-related
congestion by rapidly curing; or''.
SEC. 1422. 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. 1423. 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. 1424. INTERSTATE WEIGHT LIMITS FOR EMERGENCY VEHICLES.
Section 127(a) of title 23, United States Code, as amended by this
Act, is further amended by adding at the end the following:
``(14) Emergency vehicles.--
``(A) In general.--With respect to an emergency
vehicle, the following weight limits shall apply in
lieu of the maximum and minimum weight limits specified
in this subsection:
``(i) 24,000 pounds on a single steering
axle.
``(ii) 33,500 pounds on a single drive axle.
``(iii) 62,000 pounds on a tandem axle.
``(iv) A maximum gross vehicle weight of
86,000 pounds.
``(B) Emergency vehicle defined.--In this paragraph,
the term `emergency vehicle' means a vehicle designed--
``(i) to be used under emergency conditions
to transport personnel and equipment; and
``(ii) to support the suppression of fires
and mitigation of other hazardous
situations.''.
SEC. 1425. VEHICLE WEIGHT LIMITATIONS--INTERSTATE SYSTEM.
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.''.
SEC. 1426. NEW NATIONAL GOAL, PERFORMANCE MEASURE, AND PERFORMANCE
TARGET.
(a) National Goal.--Section 150(b) of title 23, United States Code,
is amended by adding at the end the following:
``(8) Integrated economic development.--To improve road
conditions in economically distressed urban communities and
increase access to jobs, markets, and economic opportunities
for people who live in such communities.''.
(b) Performance Measure.--Section 150(c) of such title is amended by
adding at the end the following:
``(7) Integrated economic development.--The Secretary shall
establish measures for States to use to assess the conditions,
accessibility, and reliability of roads in economically
distressed urban communities.''.
(c) Performance Target.--Section 150(d)(1) of such title is amended
by striking ``and (6)'' and inserting ``(6), and (7)''.
SEC. 1427. 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), a State may allow the maintenance of a sign of a service
club, charitable association, or religious service that was erected as
of the date of enactment of this Act and the area of which is less than
or equal to 32 square feet, if the State notifies the Federal Highway
Administration.
SEC. 1428. 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. 1429. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General.--The Secretary, acting through the Administrator of
the Federal Highway Administration, and in consultation with the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate, 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.
(b) Composition.--The Council shall consist of not more than 10
members of the motorcycling community with professional expertise in
national motorcyclist safety advocacy, including--
(1) at least--
(A) 1 member recommended by a national motorcyclist
association;
(B) 1 member recommended by a national motorcycle
riders foundation;
(C) 1 representative of the National Association of
State Motorcycle Safety Administrators;
(D) 2 members of State motorcyclists' organizations;
(E) 1 member recommended by a national organization
that represents the builders of highway infrastructure;
(F) 1 member recommended by a national association
that represents the traffic safety systems industry;
and
(G) 1 member of a national safety organization; and
(2) at least 1, but not more than 2, motorcyclists who are
traffic system design engineers or State transportation
department officials.
SEC. 1430. HIGHWAY WORK ZONES.
It is the sense of the House of Representatives 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.
TITLE II--INNOVATIVE PROJECT FINANCE
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
(a) Definitions.--
(1) Master credit agreement.--Section 601(a)(10) of title 23,
United States Code, is amended to read as follows:
``(10) Master credit agreement.--The term `master credit
agreement' means a conditional agreement to extend credit
assistance for a program of related projects secured by a
common security pledge (which shall receive an investment grade
rating from a rating agency prior to the Secretary entering
into such master credit agreement) under section 602(b)(2)(A),
or for a single project covered under section 602(b)(2)(B) that
does not provide for a current obligation of Federal funds, and
that would--
``(A) make contingent commitments of 1 or more
secured loans or other Federal credit instruments at
future dates, subject to the availability of future
funds being made available to carry out this chapter
and subject to the satisfaction of all the conditions
for the provision of credit assistance under this
chapter, including section 603(b)(1);
``(B) establish the maximum amounts and general terms
and conditions of the secured loans or other Federal
credit instruments;
``(C) identify the 1 or more dedicated non-Federal
revenue sources that will secure the repayment of the
secured loans or secured Federal credit instruments;
``(D) provide for the obligation of funds for the
secured loans or secured Federal credit instruments
after all requirements have been met for the projects
subject to the master credit agreement, including--
``(i) completion of an environmental impact
statement or similar analysis required under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(ii) compliance with such other
requirements as are specified in this chapter,
including sections 602(c) and 603(b)(1); and
``(iii) the availability of funds to carry
out this chapter; and
``(E) require that contingent commitments result in a
financial close and obligation of credit assistance not
later than 3 years after the date of entry into the
master credit agreement, or release of the commitment,
unless otherwise extended by the Secretary.''.
(2) Rural infrastructure project.--Section 601(a)(15) of
title 23, United States Code, is amended to read as follows:
``(15) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project located outside of a Census-Bureau-
defined urbanized area.''.
(b) Master Credit Agreements.--Section 602(b)(2) of title 23, United
States Code is amended to read as follows:
``(2) Master credit agreements.--
``(A) Program of related projects.--The Secretary may
enter into a master credit agreement for a program of
related projects secured by a common security pledge on
terms acceptable to the Secretary.
``(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
in a fiscal year, and adequate funding is not available
to fund a credit instrument, a project sponsor of an
eligible project may elect to enter into a master
credit agreement and wait to execute a credit
instrument until the fiscal year during which
additional funds are available to receive credit
assistance.''.
(c) Eligible Project Costs.--Section 602(a)(5) of title 23, United
States Code, is amended--
(1) in subparagraph (A) by inserting ``and (C)'' after
``(B)''; and
(2) by adding at the end the following:
``(C) Local infrastructure projects.--Eligible
project costs shall be reasonably anticipated to equal
or exceed $10,000,000 in the case of a project or
program of projects--
``(i) in which the applicant is a local
government, public authority, or
instrumentality of local government;
``(ii) located on a facility owned by a local
government; or
``(iii) for which the Secretary determines
that a local government is substantially
involved in the development of the project.''.
(d) Limitation on Refinancing of Interim Construction Financing.--
Section 603(a)(2) of title 23, United States Code, is amended to read
as follows:
``(2) Limitation on refinancing of interim construction
financing.--A loan under 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.''.
(e) Funding.--Section 608(a) of title 23, United States Code, is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A) by striking ``Beginning in
fiscal year 2014, on April 1 of each fiscal year'' and
inserting ``Beginning in fiscal year 2016, on August 1
of each fiscal year''; and
(B) by adding at the end the following:
``(D) Limitations.--The Secretary may not carry out a
redistribution under this paragraph--
``(i) for any fiscal year in which such
redistribution would adversely impact the
receipt of credit assistance by a qualified
project within such fiscal year; or
``(ii) if the budget authority determined to
be necessary to cover all requests for credit
assistance pending before the Department of
Transportation on August 1 would reduce the
uncommitted balance of funds below the
threshold established in subparagraph (A).'';
and
(2) by striking paragraph (6) and inserting the following:
``(6) Administrative costs.--Of the amounts made available to
carry out this chapter, the Secretary may use not more than
$5,000,000 for fiscal year 2016, $5,150,000 for fiscal year
2017, $5,304,500 for fiscal year 2018, $5,463,500 for fiscal
year 2019, $5,627,500 for fiscal year 2020, and $5,760,500 for
fiscal year 2021 for the administration of this chapter.''.
SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM.
Section 610 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking subparagraph (A) and
inserting the following:
``(A) 10 percent of the funds apportioned to the
State for each of fiscal years 2016 through 2021 under
each of sections 104(b)(1) and 104(b)(2); and'';
(B) in paragraph (2) by striking ``fiscal years 2005
through 2009'' and inserting ``fiscal years 2016
through 2021'';
(C) in paragraph (3) by striking ``fiscal years 2005
through 2009'' and inserting ``fiscal years 2016
through 2021''; and
(D) in paragraph (5) by striking ``section
133(d)(3)'' and inserting ``section 133(d)(1)(A)(i)'';
and
(2) in subsection (k) by striking ``fiscal years 2005 through
2009'' and inserting ``fiscal years 2016 through 2021''.
SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL.
(a) Payment to States for Construction.--Section 121(a) of title 23,
United States Code, is amended by inserting ``(including payments made
pursuant to a long-term concession agreement, such as availability
payments)'' after ``a project''.
(b) Project Approval and Oversight.--Section 106(b)(1) of title 23,
United States Code, is amended by inserting ``(including payments made
pursuant to a long-term concession agreement, such as availability
payments)'' after ``construction of the project''.
TITLE III--PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Public Transportation Act of
2015''.
SEC. 3002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(C) by striking ``landscaping and''; and
(2) 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.
``(25) Base-model bus.--The term `base-model bus' means a
heavy-duty public transportation bus manufactured to meet, but
not exceed, transit-specific minimum performance criteria
developed by the Secretary.''.
SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.
(a) In General.--Section 5303 of title 49, United States Code, is
amended--
(1) 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'';
(2) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(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 commensurate with other officials
described in paragraph (2).''; and
(C) in paragraph (5), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(3) in subsection (e)(4)(B) by striking ``subsection (d)(5)''
and inserting ``subsection (d)(6)'';
(4) in subsection (g)(3)(A) by inserting ``tourism, natural
disaster risk reduction,'' after ``economic development,'';
(5) 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 resilience and reliability of the
transportation system.'';
(6) in subsection (i)--
(A) in paragraph (2)(A)(i) by striking ``transit''
and inserting ``public transportation facilities,
intercity bus facilities'';
(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)'';
(7) 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 with a transportation management
area may develop a plan that includes projects and
strategies that will be considered in the TIP of such
metropolitan planning organization. Such plan shall--
``(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.'';
(8) 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''; and
(9) in subsection (p) by striking ``Funds set aside under
section 104(f)'' and inserting ``Funds apportioned under
section 104(b)(5)''.
(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'';
(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 ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience 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) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Recipient defined.--In this section, the term
`recipient' means a designated recipient, State, or local
governmental authority that receives a grant under this section
directly from the Government.'';
(C) in paragraph (3) (as so redesignated) by
inserting ``or general public demand response service''
before ``during'' each place it appears; and
(D) by adding at the end the following:
``(4) Exception to the special rule.--Notwithstanding
paragraph (3), if a public transportation system described in
such paragraph executes a written agreement with 1 or more
other public transportation systems to allocate funds under
this subsection, other than by measuring vehicle revenue hours,
each of the public transportation systems to the agreement may
follow the terms of such agreement without regard to the
percentages or the measured vehicle revenue hours referred to
in such paragraph.''; and
(2) in subsection (c)(1)(K)(i) by striking ``1 percent'' and
inserting ``one-half of 1 percent''.
SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A) by inserting ``, small start
projects,'' after ``new fixed guideway capital
projects''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) 2 or more projects that are any combination of
new fixed guideway capital projects, small start
projects, and core capacity improvement projects.'';
(2) 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.).'';
(3) 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 projects,
small start projects, and core capacity
improvement projects.'';
(C) by striking paragraph (3)(A) and inserting the
following:
``(A) Project advancement.--A project receiving a
grant under this section that is part of a program of
interrelated projects may not advance--
``(i) in the case of a small start project,
from the project development phase to the
construction phase unless the Secretary
determines that the program of interrelated
projects meets the applicable requirements of
this section and there is a reasonable
likelihood that the program will continue to
meet such requirements; or
``(ii) in the case of a new fixed guideway
capital project or a core capacity improvement
project, from the project development phase to
the engineering phase, or from the engineering
phase to the construction phase, unless the
Secretary determines that the program of
interrelated projects meets the applicable
requirements of this section and there is a
reasonable likelihood that the program will
continue to meet such requirements.'';
(4) in subsection (l)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Based on engineering studies, studies of
economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
capital project cost. A grant for a new fixed guideway project
shall not exceed 50 percent of the net capital project cost. A
grant for a core capacity project shall not exceed 80 percent
of the net capital project cost of the incremental cost of
increasing the capacity in the corridor. A grant for a small
start project shall not exceed 80 percent.''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Remaining costs.--The remainder of the net project
costs shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues from the sale of advertising and
concessions;
``(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital; or
``(D) from amounts appropriated or otherwise made
available to a department or agency of the Government
(other than the Department of Transportation) that are
eligible to be expended for transportation.'';
(5) by striking subsection (n) and redesignating subsection
(o) as subsection (n); and
(6) by adding at the end the following:
``(o) Special Rule.--For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e), the
Secretary shall not reduce or eliminate the capital costs of art and
landscaping elements from the annualized capital cost calculation.''.
SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF SENIORS AND
INDIVIDUALS WITH DISABILITIES.
Section 5310 of title 49, United States Code, is amended by adding at
the end the following:
``(i) Best Practices.--The Secretary shall collect from, review, and
disseminate to public transit agencies innovative practices, program
models, new service delivery options, findings from activities under
subsection (h), and transit cooperative research program reports.''.
SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.
Section 5311(g)(3) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (A) through (D) as
subparagraphs (C) through (F), respectively;
(2) by inserting before subparagraph (C) (as so redesignated)
the following:
``(A) may be provided in cash from non-Government
sources other than revenues from providing public
transportation services;
``(B) may be provided from revenues from the sale of
advertising and concessions;''; and
(3) 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''.
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)(5) (as so redesignated)--
(A) in subparagraph (A) by striking clause (vi) and
redesignating clause (vii) as clause (vi);
(B) in subparagraph (B) by striking ``recipients''
and inserting ``participants'';
(C) in subparagraph (C) by striking clause (ii) and
inserting the following:
``(ii) Government share of costs for certain
projects.--A grant for a project carried out
under this paragraph shall be 80 percent of the
net project cost of the project unless the
grant recipient requests a lower grant
percentage.''; and
(D) by striking subparagraph (G);
(5) in subsection (f) (as so redesignated)--
(A) by striking ``(f)'' and all that follows before
paragraph (1) and inserting the following:
``(f) 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--'';
(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
(6) by adding at the end the following:
``(h) Transit Cooperative Research Program.--
``(1) In general.--The amounts made available under section
5338(b) 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's share.--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)'';
(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) Repeal.--Section 5313 of such title, and the item relating to
that section in the analysis for chapter 53 of such title, are
repealed.
(d) Clerical Amendment.--The analysis for chapter 53 of such title is
amended by striking the item relating to section 5312 and inserting the
following:
``5312. Public transportation innovation.''.
SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) In General.--Section 5314 of title 49, United States Code, is
amended to read as follows:
``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 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
zero emission transit technologies; and
``(I) any other technical assistance activity that
the Secretary determines is necessary to advance the
interests of public transportation.
``(3) Annual report on technical assistance.--Not later than
the first Monday in February of each year, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure, the Committee
on Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives a report that
includes--
``(A) a description of each project that received
assistance under this subsection during the preceding
fiscal year;
``(B) an evaluation of the activities carried out by
each organization that received assistance under this
subsection during the preceding fiscal year;
``(C) a proposal for allocations of amounts for
assistance under this subsection for the subsequent
fiscal year; and
``(D) measurable outcomes and impacts of the programs
funded under subsections (b) and (c).
``(4) Government share of costs.--
``(A) In general.--The Government share of the cost
of an activity carried out using a grant under this
subsection may not exceed 80 percent.
``(B) Non-government share.--The non-Government share
of the cost of an activity carried out using a grant
under this subsection may be derived from in-kind
contributions.
``(b) Human Resources and Training.--
``(1) In general.--The Secretary may undertake, or make
grants and contracts for, programs that address human resource
needs as they apply to public transportation activities. A
program may include--
``(A) an employment training program;
``(B) an outreach program to increase veteran,
minority, and female employment in public
transportation activities;
``(C) research on public transportation personnel and
training needs;
``(D) training and assistance for veteran and
minority business opportunities; and
``(E) consensus-based national training standards and
certifications in partnership with industry
stakeholders.
``(2) Innovative public transportation frontline workforce
development program.--
``(A) In general.--The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under
subparagraph (1).
``(B) Eligible programs.--A program eligible for
assistance under subsection (a) shall--
``(i) develop apprenticeships for transit
maintenance and operations occupations,
including hands-on, peer trainer, classroom and
on-the-job training as well as training for
instructors and on-the-job mentors;
``(ii) build local, regional, and statewide
transit training partnerships in coordination
with entities such as local employers, local
public transportation operators, labor union
organizations, workforce development boards,
State workforce agencies, State apprenticeship
agencies (where applicable), and community
colleges and university transportation centers,
to identify and address workforce skill gaps
and develop skills needed for delivering
quality transit service and supporting employee
career advancement;
``(iii) provide improved capacity for safety,
security, and emergency preparedness in local
transit systems through--
``(I) developing the role of the
frontline workforce in building and
sustaining safety culture and safety
systems in the industry and in
individual public transportation
systems;
``(II) specific training, in
coordination with the National Transit
Institute, on security and emergency
preparedness, including protocols for
coordinating with first responders and
working with the broader community to
address natural disasters or other
threats to transit systems; and
``(III) training to address frontline
worker roles in promoting health and
safety for transit workers and the
riding public, and improving
communication during emergencies
between the frontline workforce and the
riding public;
``(iv) address current or projected workforce
shortages by developing career pathway
partnerships with high schools, community
colleges, and other community organizations for
recruiting and training underrepresented
populations, including minorities, women,
individuals with disabilities, veterans, and
low-income populations as successful transit
employees who can develop careers in the
transit industry; or
``(v) address youth unemployment by directing
the Secretary to award grants to local entities
for work-based training and other work-related
and educational strategies and activities of
demonstrated effectiveness to provide
unemployed, low-income young adults and low-
income youth with skills that will lead to
employment.
``(C) Selection of recipients.--To the maximum extent
feasible, the Secretary shall select recipients that--
``(i) are geographically diverse;
``(ii) address the workforce and human
resources needs of large public transportation
providers;
``(iii) address the workforce and human
resources needs of small public transportation
providers;
``(iv) address the workforce and human
resources needs of urban public transportation
providers;
``(v) address the workforce and human
resources needs of rural public transportation
providers;
``(vi) advance training related to
maintenance of alternative energy, energy
efficiency, or zero emission vehicles and
facilities used in public transportation;
``(vii) target areas with high rates of
unemployment;
``(viii) address current or projected
workforce shortages in areas that require
technical expertise; and
``(ix) advance opportunities for minorities,
women, veterans, individuals with disabilities,
low-income populations, and other underserved
populations.
``(D) Program outcomes.--A recipient of assistance
under this subsection shall demonstrate outcomes for
any program that includes skills training, on-the-job
training, and work-based learning, including--
``(i) the impact on reducing public
transportation workforce shortages in the area
served;
``(ii) the diversity of training
participants; and
``(iii) the number of participants obtaining
certifications or credentials required for
specific types of employment.
``(3) Government's share of costs.--The Government share of
the cost of a project carried out using a grant under paragraph
(1) or (2) shall be 50 percent.
``(4) Use for technical assistance.--The Secretary may use
not more than 1 percent of amounts made available to carry out
this section to provide technical assistance for activities and
programs developed, conducted, and overseen under paragraphs
(1) and (2).
``(c) National Transit Institute.--
``(1) Establishment.--The Secretary shall establish a
national transit institute and award grants to a public, 4-year
institution of higher education, as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in
order to carry out the duties of the institute.
``(2) Duties.--
``(A) In general.--In cooperation with the Federal
Transit Administration, State transportation
departments, public transportation authorities, and
national and international entities, the institute
established under paragraph (1) shall develop and
conduct training and educational programs for Federal,
State, and local transportation employees, United
States citizens, and foreign nationals engaged or to be
engaged in Government-aid public transportation work.
``(B) Training and educational programs.--The
training and educational programs developed under
subparagraph (A) may include courses in recent
developments, techniques, and procedures related to--
``(i) intermodal and public transportation
planning;
``(ii) management;
``(iii) environmental factors;
``(iv) acquisition and joint-use rights-of-
way;
``(v) engineering and architectural design;
``(vi) procurement strategies for public
transportation systems;
``(vii) turnkey approaches to delivering
public transportation systems;
``(viii) new technologies;
``(ix) emission reduction technologies;
``(x) ways to make public transportation
accessible to individuals with disabilities;
``(xi) construction, construction management,
insurance, and risk management;
``(xii) maintenance;
``(xiii) contract administration;
``(xiv) inspection;
``(xv) innovative finance;
``(xvi) workplace safety; and
``(xvii) public transportation security.
``(3) Providing education and training.--Education and
training of Government, State, and local transportation
employees under this subsection shall be provided--
``(A) by the Secretary at no cost to the States and
local governments for subjects that are a Government
program responsibility; or
``(B) when the education and training are paid under
paragraph (4), by the State, with the approval of the
Secretary, through grants and contracts with public and
private agencies, other institutions, individuals, and
the institute.
``(4) Availability of amounts.--Not more than 0.5 percent of
the amounts made available for a fiscal year beginning after
September 30, 1991, to a State or public transportation
authority in the State to carry out sections 5307 and 5309 is
available for expenditure by the State and public
transportation authorities in the State, with the approval of
the Secretary, to pay not more than 80 percent of the cost of
tuition and direct educational expenses related to educating
and training State and local transportation employees under
this subsection.''.
(b) Repeal.--Section 5322 of such title, and the item relating to
that section in the analysis for chapter 53 of such title, are
repealed.
(c) Clerical Amendment.--The analysis for chapter 53 of such title is
amended by striking the item relating to section 5314 and inserting the
following:
``5314. Technical assistance and workforce development.''.
SEC. 3010. BICYCLE FACILITIES.
Section 5319 of title 49, United States Code, is amended--
(1) by striking ``90 percent'' and inserting ``80 percent'';
and
(2) by striking ``95 percent'' and inserting ``80 percent''.
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
landscaping into facilities, including the costs of an artist
on the design team; or'';
(2) in subsection (i) by adding at the end the following:
``(3) Acquisition of base-model buses.--A grant for the
acquisition of a base-model bus for use in public
transportation may be not more than 85 percent of the net
project cost.'';
(3) in subsection (j)(2) by striking subparagraph (C) and
inserting the following:
``(C) when procuring rolling stock (including train
control, communication, and traction power equipment)
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''; and
(4) by adding at the end the following:
``(s) Value Capture Revenue Eligible for Local Share.--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 that
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. 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 3018 of the
Surface Transportation Reauthorization
and Reform Act of 2015; and
``(V) any additional information that
the Secretary determines necessary and
appropriate;'';
(2) by striking subsection (f) and inserting the following:
``(f) Authority of Secretary.--
``(1) In general.--In carrying out this section, the
Secretary may--
``(A) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities,
rolling stock, and operations of the public
transportation system of a recipient;
``(B) make reports and issue directives with respect
to the safety of the public transportation system of a
recipient or the public transportation industry
generally;
``(C) in conjunction with an accident investigation
or an investigation into a pattern or practice of
conduct that negatively affects public safety, issue a
subpoena to, and take the deposition of, any employee
of a recipient or a State safety oversight agency, if--
``(i) before the issuance of the subpoena,
the Secretary requests a determination by the
Attorney General as to whether the subpoena
will interfere with an ongoing criminal
investigation; and
``(ii) the Attorney General--
``(I) determines that the subpoena
will not interfere with an ongoing
criminal investigation; or
``(II) fails to make a determination
under clause (i) before the date that
is 30 days after the date on which the
Secretary makes a request under clause
(i);
``(D) require the production of documents by, and
prescribe recordkeeping and reporting requirements for,
a recipient or a State safety oversight agency;
``(E) investigate public transportation accidents and
incidents and provide guidance to recipients regarding
prevention of accidents and incidents;
``(F) at reasonable times and in a reasonable manner,
enter and inspect relevant records of the public
transportation system of a recipient; and
``(G) issue rules to carry out this section.
``(2) Additional authority.--
``(A) Administration of state safety oversight
activities.--If the Secretary finds that a State safety
oversight agency that oversees a rail fixed guideway
system operating in more than 2 States has become
incapable of providing adequate safety oversight of
such system, the Secretary may administer State safety
oversight activities for such rail fixed guideway
system until the States develop a State safety
oversight program certified by the Secretary in
accordance with subsection (e).
``(B) Funding.--To carry out administrative and
oversight activities authorized by this paragraph, the
Secretary may use--
``(i) grant funds apportioned to an eligible
State under subsection (e)(6) to develop or
carry out a State safety oversight program; and
``(ii) grant funds apportioned to an eligible
State under subsection (e)(6) that have not
been obligated within the administrative period
of availability.'';
(3) 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 ``; or''; and
(D) by adding at the end the following:
``(E) withholding not more than 25 percent of
financial assistance under section 5307.''; and
(4) in subsection (g)(2)--
(A) in subparagraph (A)--
(i) by inserting after ``funds'' the
following: ``or withhold funds''; and
(ii) by inserting ``or (1)(E)'' after
``paragraph (1)(D)'';
(B) by redesignating subparagraph (B) as subparagraph
(C); and
(C) by inserting after subparagraph (A) the
following:
``(B) Limitation.--The Secretary may only withhold
funds in accordance with paragraph (1)(E), if
enforcement actions under subparagraph (A), (B), (C),
or (D) did not bring the recipient into compliance.''.
SEC. 3013. 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
(g)(5)'';
(2) in subsection (b)(2)(E) by striking ``22.27 percent'' and
inserting ``27 percent'';
(3) by striking subsection (g) and redesignating subsections
(h), (i), and (j) as subsections (g), (h), and (i),
respectively;
(4) in subsection (g) (as so redesignated)--
(A) in paragraph (2) by striking ``subsection (j)''
and inserting ``subsection (i)''; 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 (h); and
``(B) for fiscal years 2019 through 2021, 2 percent
shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with
subsection (h);'';
(5) in subsection (h)(2)(A) (as so redesignated) by striking
``subsection (h)(3)'' and inserting ``subsection (g)(3)''; and
(6) in subsection (i) (as so redesignated) by striking
``subsection (h)(2)'' and inserting ``subsection (g)(2)''.
SEC. 3014. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``on a facility with
access for other high-occupancy vehicles'' and
inserting ``on high-occupancy vehicle lanes during peak
hours'';
(B) in paragraph (2) by inserting ``vehicle'' after
``motorbus''; and
(C) by adding at the end the following:
``(5) Use of funds.--A recipient in an urbanized area may use
any portion of the amount apportioned to the recipient under
this subsection for high intensity fixed guideway state of good
repair projects under subsection (c) if the recipient
demonstrates to the satisfaction of the Secretary that the high
intensity motorbus public transportation vehicles in the
urbanized area are in a state of good repair.''; and
(2) by adding at the end the following:
``(e) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project under
this section shall be for 80 percent of the net project cost of
the project. The recipient may provide additional local
matching amounts.
``(2) Remaining costs.--The remainder of the net project cost
shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues derived from the sale of
advertising and concessions;
``(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital; or
``(D) from amounts appropriated or otherwise made
available to a department or agency of the Government
(other than the Department of Transportation) that are
eligible to be expended for transportation.''.
SEC. 3015. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to read as
follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5310, 5311, 5314(c), 5318, 5335, 5337, 5339, and
5340, and section 20005(b) of the Federal Public Transportation
Act of 2012--
``(A) $8,723,925,000 for fiscal year 2016;
``(B) $8,879,211,000 for fiscal year 2017;
``(C) $9,059,459,000 for fiscal year 2018;
``(D) $9,240,648,000 for fiscal year 2019;
``(E) $9,429,000,000 for fiscal year 2020; and
``(F) $9,617,580,000 for fiscal year 2021.
``(2) Allocation of funds.--
``(A) Section 5305.--Of the amounts made available
under paragraph (1), there shall be available to carry
out section 5305--
``(i) $128,800,000 for fiscal year 2016;
``(ii) $128,800,000 for fiscal year 2017;
``(iii) $131,415,000 for fiscal year 2018;
``(iv) $134,043,000 for fiscal year 2019;
``(v) $136,775,000 for fiscal year 2020; and
``(vi) $139,511,000 for fiscal year 2021.
``(B) Pilot program.--$10,000,000 for each of fiscal
years 2016 through 2021, shall be available to carry
out section 20005(b) of the Federal Public
Transportation Act of 2012;
``(C) Section 5307.--Of the amounts made available
under paragraph (1), there shall be allocated in
accordance with section 5336 to provide financial
assistance for urbanized areas under section 5307--
``(i) $4,458,650,000 for fiscal year 2016;
``(ii) $4,458,650,000 for fiscal year 2017;
``(iii) $4,549,161,000 for fiscal year 2018;
``(iv) $4,640,144,000 for fiscal year 2019;
``(v) $4,734,724,000 for fiscal year 2020;
and
``(vi) $4,829,418,000 for fiscal year 2021.
``(D) Section 5310.--Of the amounts made available
under paragraph (1), there shall be available to
provide financial assistance for services for the
enhanced mobility of seniors and individuals with
disabilities under section 5310--
``(i) $262,175,000 for fiscal year 2016;
``(ii) $266,841,000 for fiscal year 2017;
``(iii) $272,258,000 for fiscal year 2018;
``(iv) $277,703,000 for fiscal year 2019;
``(v) $283,364,000 for fiscal year 2020; and
``(vi) $289,031,000 for fiscal year 2021.
``(E) Section 5311.--
``(i) In general.--Of the amounts made
available under paragraph (1), there shall be
available to provide financial assistance for
rural areas under section 5311--
``(I) $607,800,000 for fiscal year
2016;
``(II) $607,800,000 for fiscal year
2017;
``(III) $620,138,000 for fiscal year
2018;
``(IV) $632,541,000 for fiscal year
2019;
``(V) $645,434,000 for fiscal year
2020; and
``(VI) $658,343,000 for fiscal year
2021.
``(ii) Suballocation.--Of the amounts made
available under clause (i)--
``(I) there shall be available to
carry out section 5311(c)(1) not less
than $30,000,000 for each of fiscal
years 2016 through 2021; and
``(II) there shall be available to
carry out section 5311(c)(2) not less
than $20,000,000 for each of fiscal
years 2016 through 2021.
``(F) Section 5314(c).--Of the amounts made available
under paragraph (1), there shall be available for the
national transit institute under section 5314(c)
$5,000,000 for each of fiscal years 2016 through 2021.
``(G) Section 5318.--Of the amounts made available
under paragraph (1), there shall be available for bus
testing under section 5318 $3,000,000 for each of
fiscal years 2016 through 2021.
``(H) Section 5335.--Of the amounts made available
under paragraph (1), there shall be available to carry
out section 5335 $3,850,000 for each of fiscal years
2016 through 2021.
``(I) Section 5337.--Of the amounts made available
under paragraph (1), there shall be available to carry
out section 5337--
``(i) $2,198,389,000 for fiscal year 2016;
``(ii) $2,237,520,000 for fiscal year 2017;
``(iii) $2,282,941,000 for fiscal year 2018;
``(iv) $2,328,600,000 for fiscal year 2019;
``(v) $2,376,064,000 for fiscal year 2020;
and
``(vi) $2,423,585,000 for fiscal year 2021.
``(J) Section 5339(c).--Of the amounts made available
under paragraph (1), there shall be available for bus
and bus facilities programs under section 5339(c)--
``(i) $430,000,000 for fiscal year 2016;
``(ii) $431,850,000 for fiscal year 2017;
``(iii) $445,120,000 for fiscal year 2018;
``(iv) $458,459,000 for fiscal year 2019;
``(v) $472,326,000 for fiscal year 2020; and
``(vi) $486,210,000 for fiscal year 2021.
``(K) Section 5339(d).--Of the amounts made available
under paragraph (1), there shall be available for bus
and bus facilities competitive grants under 5339(d)--
``(i) $90,000,000 for fiscal year 2016; and
``(ii) $200,000,000 for each of fiscal years
2017 through 2021.
``(L) Section 5340.--Of the amounts made available
under paragraph (1), there shall be allocated in
accordance with section 5340 to provide financial
assistance for urbanized areas under section 5307 and
rural areas under section 5311--
``(i) $525,900,000 for fiscal year 2016;
``(ii) $525,900,000 for fiscal year 2017;
``(iii) $536,576,000 for fiscal year 2018;
``(iv) $547,307,000 for fiscal year 2019;
``(v) $558,463,000 for fiscal year 2020; and
``(vi) $569,632,000 for fiscal year 2021.
``(b) Research, Development Demonstration and Deployment Projects.--
There are authorized to be appropriated to carry out section 5312--
``(1) $33,495,000 for fiscal year 2016;
``(2) $34,091,000 for fiscal year 2017;
``(3) $34,783,000 for fiscal year 2018;
``(4) $35,479,000 for fiscal year 2019;
``(5) $36,202,000 for fiscal year 2020; and
``(6) $36,926,000 for fiscal year 2021.
``(c) Technical Assistance, Standards, and Workforce Development.--
There are authorized to be appropriated to carry out section 5314--
``(1) $6,156,000 for fiscal year 2016;
``(2) $8,152,000 for fiscal year 2017;
``(3) $10,468,000 for fiscal year 2018;
``(4) $12,796,000 for fiscal year 2019;
``(5) $15,216,000 for fiscal year 2020; and
``(6) $17,639,000 for fiscal year 2021.
``(d) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309--
``(1) $2,029,000,000 for fiscal year 2016;
``(2) $2,065,000,000 for fiscal year 2017;
``(3) $2,106,000,000 for fiscal year 2018;
``(4) $2,149,000,000 for fiscal year 2019;
``(5) $2,193,000,000 for fiscal year 2020; and
``(6) $2,237,000,000 for fiscal year 2021.
``(e) Administration.--
``(1) In general.--There are authorized to be appropriated to
carry out section 5334, $105,933,000 for fiscal years 2016
through 2021.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $4,500,000 for
each of fiscal years 2016 through 2021 shall be available to
carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (1), not less than $1,000,000 for each of fiscal
years 2016 through 2021 shall be available to carry out section
5326.
``(f) Period of Availability.--Amounts made available by or
appropriated under this section shall remain available for obligation
for a period of 3 years after the last day of the fiscal year for which
the funds are authorized.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or contract
that is approved by the Secretary and financed with amounts
appropriated in advance from the general fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Government share of the cost of the
project only to the extent that amounts are appropriated for
such purpose by an Act of Congress.
``(h) Oversight.--
``(1) In general.--Of the amounts made available to carry out
this chapter for a fiscal year, the Secretary may use not more
than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to carry
out section 5305.
``(B) 0.75 percent of amounts made available to carry
out section 5307.
``(C) 1 percent of amounts made available to carry
out section 5309.
``(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; 122 Stat.
4968).
``(E) 0.5 percent of amounts made available to carry
out section 5310.
``(F) 0.5 percent of amounts made available to carry
out section 5311.
``(G) 0.75 percent of amounts made available to carry
out section 5337(c), of which not less than 0.25
percent shall be available to carry out section 5329.
``(H) 0.75 percent of amounts made available to carry
out section 5339.
``(2) Activities.--The activities described in this paragraph
are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.''.
SEC. 3016. BUS AND BUS FACILITY GRANTS.
(a) In General.--Section 5339 of title 49, United States Code, is
amended to read as follows:
``Sec. 5339. Bus and bus facility grants
``(a) General Authority.--The Secretary may make grants under this
section to assist eligible recipients described in subsection (b)(1) in
financing capital projects--
``(1) to replace, rehabilitate, and purchase buses and
related equipment; and
``(2) to construct bus-related facilities.
``(b) Eligible Recipients and Subrecipients.--
``(1) Recipients.--Eligible recipients under this section are
designated recipients that operate fixed route bus service or
that allocate funding to fixed route bus operators.
``(2) Subrecipients.--A designated recipient that receives a
grant under this section may allocate amounts of the grant to
subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.
``(c) Formula Grant Distribution of Funds.--
``(1) In general.--Funds made available for making grants
under this subsection shall be distributed as follows:
``(A) National distribution.--$65,500,000 for each of
fiscal years 2016 through 2021 shall be allocated to
all States and territories, with each State receiving
$1,250,000, 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 paragraph (1) shall be allocated
pursuant to the formula set forth in section 5336
(other than subsection (b) of that section).
``(2) 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 subparagraph (A) to
supplement--
``(i) amounts apportioned to the State under
section 5311(c); or
``(ii) 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 (1)(B)
that are not allocated to designated recipients in
urbanized areas with a population of 200,000 or more.
``(3) Period of availability to recipients.--
``(A) In general.--Amounts made available under this
subsection may be obligated by a recipient for 3 years
after the fiscal year in which the amount is
apportioned.
``(B) Reapportionment of unobligated amounts.--Not
later than 30 days after the end of the 3-year period
described in subparagraph (A), any amount that is not
obligated on the last day of that period shall be added
to the amount that may be apportioned under this
subsection in the next fiscal year.
``(4) Pilot program for cost-effective capital investment.--
``(A) In general.--For each of fiscal years 2016
through 2021, the Secretary shall carry out a pilot
program under which an eligible designated recipient
(as described in subsection (c)(1)) 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
designated 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. A designated 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 designated recipients participating in the
State's pool for that fiscal year pursuant to the
formula referred to in paragraph (1).
``(E) Allocations to designated 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 designated 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 2021 to ensure that a
designated 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 designated recipient for that
period pursuant to the formula referred to in paragraph
(1).
``(G) Grants.--The Secretary shall make grants under
this subsection for a fiscal year to a designated
recipient participating in a State pool following
notification by the State of the allocation amount
determined under subparagraph (E).
``(d) Competitive Grants for Bus State of Good Repair.--
``(1) In general.--The Secretary may make grants under this
subsection to eligible recipients described in subsection
(b)(1) to assist in financing capital projects described in
subsection (a).
``(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 of an eligible recipient.
``(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 in an urbanized area in a State.
``(4) Requirements for 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) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available for 2 fiscal years after
the fiscal year for which the amount is made available;
and
``(B) following the period of availability shall be
made available to be apportioned under subsection (c)
for the following fiscal year.
``(6) Limitation.--Of the amounts made available under this
subsection, not more than 15 percent in fiscal year 2016 and
not more than 5 percent in each of fiscal years 2017 through
2021 may be awarded to a single recipient.
``(7) Grant flexibility.--If the Secretary determines that
there are not sufficient grant applications that meet the
metrics described in paragraph (4)(A) to utilize the full
amount of funds made available to carry out this subsection for
a fiscal year, the Secretary may use the remainder of the funds
for making apportionments under sections 5307 and 5311.
``(e) Generally Applicable Provisions.--
``(1) Grant requirements.--A grant under this section shall
be subject to the requirements of--
``(A) section 5307 for recipients of grants made in
urbanized areas; and
``(B) section 5311 for recipients of grants made in
rural areas.
``(2) Government's share of costs.--
``(A) Capital projects.--A grant for a capital
project under this section shall be for 80 percent of
the net capital costs of the project. A recipient of a
grant under this section may provide additional local
matching amounts.
``(B) Remaining costs.--The remainder of the net
project cost shall be provided--
``(i) in cash from non-Government sources
other than revenues from providing public
transportation services;
``(ii) from revenues derived from the sale of
advertising and concessions;
``(iii) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital; or
``(iv) from amounts received under a service
agreement with a State or local social service
agency or private social service organization.
``(f) Definitions.--In this section, the following definitions apply:
``(1) State.--The term `State' means a State of the United
States.
``(2) Territory.--The term `territory' means the District of
Columbia, Puerto Rico, the Northern Mariana Islands, Guam,
American Samoa, and the United States Virgin Islands.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by striking the item relating to section
5339 and inserting the following:
``5339. Bus and bus facility grants.''.
SEC. 3017. 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, shall not exceed--
(1) $8,724,000,000 in fiscal year 2016;
(2) $8,879,000,000 in fiscal year 2017;
(3) $9,059,000,000 in fiscal year 2018;
(4) $9,240,000,000 in fiscal year 2019;
(5) $9,429,000,000 in fiscal year 2020; and
(6) $9,618,000,000 in fiscal year 2021.
SEC. 3018. INNOVATIVE PROCUREMENT.
(a) Definitions.--In this section, the following definitions apply:
(1) Cooperative procurement contract.--The term ``cooperative
procurement contract'' means a contract--
(A) entered into between a State government and 1 or
more vendors; and
(B) under which the vendors agree to provide an
option to purchase rolling stock and related equipment
to multiple participants.
(2) Lead procurement agency.--The term ``lead procurement
agency'' means a State government that acts in an
administrative capacity on behalf of each participant in a
cooperative procurement contract.
(3) Participant.--The term ``participant'' means a grantee
that participates in a cooperative procurement contract.
(4) Participate.--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.
(5) Grantee.--The term ``grantee'' means a recipient and
subrecipient of assistance under chapter 53 of title 49, United
States Code.
(b) Cooperative Procurement.--
(1) General rules.--
(A) 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.
(B) Voluntary participation.--Participation by
grantees in a cooperative procurement contract shall be
voluntary.
(2) Authority.--A State government may enter into a
cooperative procurement contract with 1 or more vendors if the
vendors agree to provide an option to purchase rolling stock
and related equipment to the lead procurement agency and any
other participant.
(3) Applicability of policies and procedures.--In procuring
rolling stock and related equipment under a cooperative
procurement contract under this subsection, a lead procurement
agency 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.
(c) Joint Procurement Clearinghouse.--
(1) 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.
(2) 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.
(3) Limitations.--
(A) Access.--The clearinghouse shall only be
accessible to the Federal Transit Administration and
grantees.
(B) Participation.--No grantees shall be required to
submit procurement information to the database.
SEC. 3019. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.
(1) Review required.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
begin a review of the safety standards and protocols
used in public transportation systems in the United
States that examines the efficacy of existing standards
and protocols.
(B) Contents of review.--In conducting the review
under this paragraph, the Secretary shall review--
(i) minimum safety performance standards
developed by the public transportation
industry;
(ii) 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--
(aa) emergency preparedness
training, drills, and
familiarization programs for
the first responders; and
(bb) 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--
(aa) tunnel, station, and
vehicle ventilation systems;
(bb) signal and train control
systems, track, mechanical
systems, and other
infrastructure; and
(cc) 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
(iii) 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--
(aa) the reduction of
blindspots that contribute to
accidents involving
pedestrians; and
(bb) 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.
(2) Evaluation.--After conducting the review under paragraph
(1), the Secretary shall, in consultation with representatives
of the public transportation industry, evaluate the need to
establish additional Federal minimum public transportation
safety standards.
(3) Report.--After completing the review and evaluation
required under paragraphs (1) and (2), but 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--
(A) findings based on the review conducted under
paragraph (1);
(B) the outcome of the evaluation conducted under
paragraph (2);
(C) a comprehensive set of recommendations to improve
the safety of the public transportation industry,
including recommendations for statutory changes if
applicable; and
(D) actions that the Secretary will take to address
the recommendations provided under subparagraph (C),
including, if necessary, the authorities under section
5329(b)(2)(D) of chapter 53 of title 49, United States
Code.
SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC TRANSPORTATION
SAFETY PROGRAM INFORMATION.
(a) Study.--The Comptroller General shall complete 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 chapter 53 of title 49, United States Code, including
information related to a recipient's safety plan, safety risks, and
mitigation measures.
(b) Input.--In conducting the study under subsection (a), the
Comptroller General shall solicit input from the public transportation
recipients, public transportation nonprofit employee labor
organizations, and impacted members of the general public.
(c) Report.--Not later than 18 months after the date of enactment of
this section, the Comptroller General 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 transit safety.
SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
(a) Definitions.--In this section, the following definitions apply:
(1) 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.
(2) Council.--The term ``Council'' means the Interagency
Transportation Coordinating Council on Access and Mobility
established under Executive Order 13330 (49 U.S.C. 101 note).
(b) 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--
(1) outlines the role and responsibilities of each Federal
agency with respect to local transportation coordination,
including nonemergency medical transportation;
(2) identifies a strategy to strengthen interagency
collaboration;
(3) addresses any outstanding recommendations made by the
Council in the 2005 Report to the President relating to the
implementation of Executive Order 13330, including--
(A) a cost-sharing policy endorsed by the Council;
and
(B) recommendations to increase participation by
recipients of Federal grants in locally developed,
coordinated planning processes;
(4) to the extent feasible, addresses recommendations by the
Comptroller General of the United States concerning local
coordination of transportation services;
(5) examines and proposes changes to Federal regulations that
will eliminate Federal barriers to local transportation
coordination, including non-emergency medical transportation;
and
(6) recommends to Congress changes to Federal laws, except
chapter 53 of title 49, United States Code, that will eliminate
Federal barriers to local transportation coordination,
including nonemergency medical transportation.
(c) Development of Cost-Sharing Policy in Compliance With Applicable
Federal Laws.--In establishing the cost-sharing policy required under
subsection (b), the Council may consider, to the extent practicable--
(1) 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
(2) 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--
(A) eligibility requirements;
(B) service delivery requirements; and
(C) reimbursement requirements.
SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES.
(a) Requirements.--Not later than 90 days after publication of the
report required in section 3019, the Secretary shall issue a notice of
proposed rulemaking on protecting transit 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;
(3) the use of technology to mitigate driver assault risks;
(4) existing experience, from both agencies and operators who
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. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN.
Notwithstanding the provisions of part 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.
TITLE IV--HIGHWAY 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) $260,274,200 for fiscal year 2016;
(B) $265,935,829 for fiscal year 2017;
(C) $271,787,002 for fiscal year 2018;
(D) $278,090,300 for fiscal year 2019;
(E) $284,874,829 for fiscal year 2020; and
(F) $291,195,558 for fiscal year 2021.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $115,951,600 for fiscal year 2016;
(B) $118,398,179 for fiscal year 2017;
(C) $121,665,968 for fiscal year 2018;
(D) $124,926,616 for fiscal year 2019;
(E) $128,187,201 for fiscal year 2020; and
(F) $131,455,975 for fiscal year 2021.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $275,862,400 for fiscal year 2016;
(B) $281,186,544 for fiscal year 2017;
(C) $286,500,970 for fiscal year 2018;
(D) $292,316,940 for fiscal year 2019;
(E) $298,601,754 for fiscal year 2020; and
(F) $304,394,628 for fiscal year 2021.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $5,000,000 for fiscal year 2016;
(B) $5,000,000 for fiscal year 2017;
(C) $5,000,000 for fiscal year 2018;
(D) $5,000,000 for fiscal year 2019;
(E) $5,000,000 for fiscal year 2020; and
(F) $5,000,000 for fiscal year 2021.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $29,411,800 for fiscal year 2016;
(B) $29,979,448 for fiscal year 2017;
(C) $30,546,059 for fiscal year 2018;
(D) $31,166,144 for fiscal year 2019;
(E) $31,836,216 for fiscal year 2020; and
(F) $32,453,839 for fiscal year 2021.
(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) $25,500,000 for fiscal year 2016;
(B) $25,500,000 for fiscal year 2017;
(C) $25,500,000 for fiscal year 2018;
(D) $25,500,000 for fiscal year 2019;
(E) $25,500,000 for fiscal year 2020; and
(F) $25,500,000 for fiscal year 2021.
(b) 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 2021 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) 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) that are in excess of the amount required
under Federal law 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.
(e) Grant Application and Deadline.--To receive a grant under chapter
4 of title 23, United States Code, a State shall submit an application,
and the Secretary shall establish a single deadline for such
applications to enable the award of grants early in the next fiscal
year.
SEC. 4002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(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 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; and
(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
(5) in subsection (m)(2)(A)--
(A) in clause (iv) by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(vi) increase driver awareness of
commercial motor vehicles to prevent crashes
and reduce injuries and fatalities; and''.
SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (E) by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as subparagraph
(G);
(C) by inserting after subparagraph (E) the
following:
``(F) the installation of ignition interlocks in the
United States; and''; and
(D) in subparagraph (G), as so redesignated, by
striking ``in subparagraphs (A) through (E)'' and
inserting ``in subparagraphs (A) through (F)'';
(2) in subsection (h) by striking paragraph (2) and inserting
the following:
``(2) Funding.--The Secretary shall obligate for each of
fiscal years 2016 through 2021, from funds made available to
carry out this section, except that the total obligated for the
period covering fiscal years 2016 through 2021 may not exceed
$32,000,000, to conduct the research described in paragraph
(1).''; and
(3) 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 Administrator of the National Highway Traffic
Safety Administration shall establish and administer a program under
which not less than 3 campaigns will be carried out in each of fiscal
years 2016 through 2021.
``(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.
``(3) Reduce distracted driving of motor vehicles.
``(c) Advertising.--The Administrator 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. Consideration shall be given to advertising directed at
non-English speaking populations, including those who listen to, read,
or watch nontraditional media.
``(d) Coordination With States.--The Administrator 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 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 only be used 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 such term has
under section 401.''.
(b) Clerical Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by striking the item relating to section
404 and inserting the following:
``404. High-visibility enforcement program.''.
SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) General Authority.--Section 405(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Authority.--Subject to the requirements of this
section, the Secretary of Transportation shall manage programs to
address national priorities for reducing highway deaths and injuries.
Funds shall be allocated according to the following:
``(1) Occupant protection.--In each fiscal year, 13 percent
of the funds provided under this section shall be allocated
among States that adopt and implement effective occupant
protection programs to reduce highway deaths and injuries
resulting from individuals riding unrestrained or improperly
restrained in motor vehicles (as described in subsection (b)).
``(2) State traffic safety information system improvements.--
In each fiscal year, 14.5 percent of the funds provided under
this section shall be allocated among States that meet
requirements with respect to State traffic safety information
system improvements (as described in subsection (c)).
``(3) Impaired driving countermeasures.--In each fiscal year,
52.5 percent of the funds provided under this section shall be
allocated among States that meet requirements with respect to
impaired driving countermeasures (as described in subsection
(d)).
``(4) Distracted driving.--In each fiscal year, 8.5 percent
of the funds provided under this section shall be allocated
among States that adopt and implement effective laws to reduce
distracted driving (as described in subsection (e)).
``(5) Motorcyclist safety.--In each fiscal year, 1.5 percent
of the funds provided under this section shall be allocated
among States that implement motorcyclist safety programs (as
described in subsection (f)).
``(6) State graduated driver licensing laws.--In each fiscal
year, 5 percent of the funds provided under this section shall
be allocated among States that adopt and implement graduated
driver licensing laws (as described in subsection (g)).
``(7) Nonmotorized safety.--In each fiscal year, 5 percent of
the funds provided under this section shall be allocated among
States that meet requirements with respect to nonmotorized
safety (as described in subsection (h)).
``(8) Transfers.--Notwithstanding paragraphs (1) through (7),
the Secretary may reallocate, before the last day of any fiscal
year, any amounts remaining available to carry out any of the
activities described in subsections (b) through (h) to increase
the amount made available under section 402, in order to
ensure, to the maximum extent possible, that all such amounts
are obligated during such fiscal year.
``(9) Maintenance of effort.--
``(A) Requirements.--No grant may be made to a State
in any fiscal year under subsection (b), (c), or (d)
unless the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all State and local sources for programs described in
those subsections at or above the average level of such
expenditures in the 2 fiscal years preceding the date
of enactment of this paragraph.
``(B) Waiver.--Upon the request of a State, the
Secretary may waive or modify the requirements under
subparagraph (A) for not more than 1 fiscal year if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances.''.
(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 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- and high-range
States may use funds for any expenditure designed to
reduce impaired driving based on problem identification
upon approval by the Secretary.''; and
(2) by striking paragraph (6)(A) and inserting the following:
``(A) In general.--The Secretary shall make a
separate grant under this subsection to each State that
adopts and is enforcing a law that requires any
individual convicted of driving under the influence of
alcohol or of driving while intoxicated to receive a
restriction on driving privileges that limits the
individual to operating only motor vehicles with an
ignition interlock installed. Such law may provide
limited exceptions for circumstances when--
``(i) a State-certified ignition interlock
provider is not available within 100 miles of
the individual's residence;
``(ii) the individual is required to operate
an employer's motor vehicle in the course and
scope of employment and the business entity
that owns the vehicle is not owned or
controlled by the individual; or
``(iii) the individual is certified by a
medical doctor as being unable to provide a
deep lung breath sample for analysis by an
ignition interlock device.''.
(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,
and enacts and enforces a law that meets the requirements set
forth in paragraphs (2) and (3).
``(2) Prohibition on texting while driving or stopped in
traffic.--A State law meets the requirements set forth in this
paragraph if the law--
``(A) prohibits a driver from texting through a
personal wireless communications device while driving
or stopped in traffic;
``(B) makes violation of the law a primary offense;
and
``(C) establishes a minimum fine for a violation of
the law.
``(3) Prohibition on youth cell phone use while driving or
stopped in traffic.--A State law meets the requirements set
forth in this paragraph if the law--
``(A) prohibits a driver from using a personal
wireless communications device while driving or stopped
in traffic--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit and
intermediate license stages set forth in
subsection (g)(2)(B);
``(B) makes violation of the law a primary offense;
and
``(C) establishes a minimum fine for a first
violation of the law.
``(4) Permitted exceptions.--A law that meets the
requirements set forth in paragraph (2) or (3) may provide
exceptions for--
``(A) a driver who uses a personal wireless
communications device to contact emergency services;
``(B) emergency services personnel who use a personal
wireless communications device while--
``(i) operating an emergency services
vehicle; and
``(ii) engaged in the performance of their
duties as emergency services personnel;
``(C) an individual employed as a commercial motor
vehicle driver or a school bus driver who uses a
personal wireless communications device within the
scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to
section 31136 of title 49; and
``(D) any additional exceptions determined by the
Secretary through a rulemaking process.
``(5) Use of grant funds.--
``(A) In general.--Except as provided in subparagraph
(B), amounts received by a State under this subsection
shall be used--
``(i) to educate the public through
advertising containing information about the
dangers of texting or using a cell phone while
driving;
``(ii) for traffic signs that notify drivers
about the distracted driving law of the State;
or
``(iii) for law enforcement costs related to
the enforcement of the distracted driving law.
``(B) Flexibility.--
``(i) Not more than 50 percent of
amounts received by a State under this
subsection may be used for any eligible
project or activity under section 402.
``(ii) Not more than 75 percent of
amounts received by a State under this
subsection may be used for any eligible
project or activity under section 402
if the State has conformed its
distracted driving data to the most
recent Model Minimum Uniform Crash
Criteria published by the Secretary.
``(6) Allocation to support state distracted driving laws.--
Of the amounts available under this subsection in a fiscal year
for distracted driving grants, the Secretary may expend not
more than $5,000,000 for the development and placement of
broadcast media to reduce distracted driving of motor vehicles,
including to support campaigns related to distracted driving
that are funded under section 404.
``(7) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion
to the State's apportionment under section 402 for fiscal year
2009.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Driving.--The term `driving'--
``(i) means operating a motor vehicle on a
public road, including operation while
temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise; and
``(ii) does not include operating a motor
vehicle when the vehicle has pulled over to the
side of, or off, an active roadway and has
stopped in a location where it can safely
remain stationary.
``(B) Personal wireless communications device.--The
term `personal wireless communications device'--
``(i) means a device through which personal
wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of
1934 (47 U.S.C. 332(c)(7)(C)(i))) are
transmitted; and
``(ii) does not include a global navigation
satellite system receiver used for positioning,
emergency notification, or navigation purposes.
``(C) Primary offense.--The term `primary offense'
means an offense for which a law enforcement officer
may stop a vehicle solely for the purpose of issuing a
citation in the absence of evidence of another offense.
``(D) Public road.--The term `public road' has the
meaning given such term in section 402(c).
``(E) Texting.--The term `texting' means reading from
or manually entering data into a personal wireless
communications device, including doing so for the
purpose of SMS texting, emailing, instant messaging, or
engaging in any other form of electronic data retrieval
or electronic data communication.''.
(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 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) State Graduated Driver Licensing Incentive Grant.--Section 405(g)
of title 23, United States Code, is amended to read as follows:
``(g) State Graduated Driver Licensing Incentive Grant.--
``(1) Grants authorized.--Subject to the requirements under
this subsection, the Secretary shall award grants to States
that adopt and implement graduated driver licensing laws in
accordance with the requirements set forth in paragraph (2).
``(2) Minimum requirements.--
``(A) In general.--A State meets the requirements set
forth in this paragraph if the State has a graduated
driver licensing law that requires novice drivers
younger than 18 years of age to comply with the 2-stage
licensing process described in subparagraph (B) before
receiving an unrestricted driver's license.
``(B) Licensing process.--A State is in compliance
with the 2-stage licensing process described in this
subparagraph if the State's driver's license laws
comply with the additional requirements under
subparagraph (C) and includes--
``(i) a learner's permit stage that--
``(I) is not less than 6 months in
duration and remains in effect until
the driver reaches not less than 16
years of age;
``(II) contains a prohibition on the
driver using a personal wireless
communications device (as defined in
subsection (e)) while driving except
under an exception permitted under
subsection (e)(4);
``(III) requires that the driver be
accompanied and supervised at all times
while operating a motor vehicle by a
licensed driver who is--
``(aa) not less than 21 years
of age;
``(bb) the driver's parent or
guardian; or
``(cc) a State-certified
driving instructor; and
``(IV) complies with the additional
requirements for a learner's permit
stage set forth in subparagraph (C)(i);
and
``(ii) an intermediate stage that--
``(I) is not less than 6 months in
duration;
``(II) contains a prohibition on the
driver using a personal wireless
communications device (as defined in
subsection (e)) while driving except
under an exception permitted under
subsection (e)(4);
``(III) for the first 6 months of
such stage, restricts driving at night
when not supervised by a licensed
driver described in clause (i)(III),
excluding transportation to work,
school, or religious activities, or in
the case of an emergency;
``(IV) for a period of not less than
6 months, prohibits the driver from
operating a motor vehicle with more
than 1 nonfamilial passenger under 21
years of age unless a licensed driver
described in clause (i)(III) is in the
vehicle; and
``(V) complies with the additional
requirements for an intermediate stage
set forth in subparagraph (C)(ii).
``(C) Additional requirements.--
``(i) Learner's permit stage.--In addition to
the requirements of subparagraph (B)(i), a
learner's permit stage shall include not less
than 2 of the following requirements:
``(I) Passage of a vision and
knowledge assessment by a learner's
permit applicant prior to receiving a
learner's permit.
``(II) The driver completes--
``(aa) a State-certified
driver education or training
course; or
``(bb) not less than 40 hours
of behind-the-wheel training
with a licensed driver
described in subparagraph
(B)(i)(III).
``(III) In addition to any other
penalties imposed by State law, the
grant of an unrestricted driver's
license or advancement to an
intermediate stage be automatically
delayed for any individual who, during
the learner's permit stage, is
convicted of a driving-related offense,
including--
``(aa) driving while
intoxicated;
``(bb) misrepresentation of
the individual's age;
``(cc) reckless driving;
``(dd) driving without
wearing a seatbelt;
``(ee) speeding; or
``(ff) any other driving-
related offense, as determined
by the Secretary.
``(ii) Intermediate stage.--In addition to
the requirements of subparagraph (B)(ii), an
intermediate stage shall include not less than
2 of the following requirements:
``(I) Commencement of such stage
after the successful completion of a
driving skills test.
``(II) That such stage remain in
effect until the driver reaches the age
of not less than 17.
``(III) In addition to any other
penalties imposed by State law, the
grant of an unrestricted driver's
license be automatically delayed for
any individual who, during the
learner's permit stage, is convicted of
a driving-related offense, including
those described in clause (i)(III).
``(3) Exception.--A State that otherwise meets the minimum
requirements set forth in paragraph (2) shall be deemed by the
Secretary to be in compliance with the requirement set forth in
paragraph (2) if the State enacted a law before January 1,
2011, establishing a class of license that permits licensees or
applicants younger than 18 years of age to drive a motor
vehicle--
``(A) in connection with work performed on, or for
the operation of, a farm owned by family members who
are directly related to the applicant or licensee; or
``(B) if demonstrable hardship would result from the
denial of a license to the licensees or applicants.
``(4) Allocation.--Grant funds allocated to a State under
this subsection for a fiscal year shall be in proportion to the
State's apportionment under section 402 for fiscal year 2009.
``(5) Use of funds.--
``(A) In general.--Except as provided in subparagraph
(B), grant funds received by a State under this
subsection shall be used for--
``(i) enforcing a 2-stage licensing process
that complies with paragraph (2);
``(ii) training for law enforcement personnel
and other relevant State agency personnel
relating to the enforcement described in clause
(i);
``(iii) publishing relevant educational
materials that pertain directly or indirectly
to the State graduated driver licensing law;
``(iv) carrying out other administrative
activities that the Secretary considers
relevant to the State's 2-stage licensing
process; or
``(v) carrying out a teen traffic safety
program described in section 402(m).
``(B) Flexibility.--
``(i) Not more than 75 percent of grant funds
received by a State under this subsection may
be used for any eligible project or activity
under section 402.
``(ii) Not more than 100 percent of grant
funds received by a State under this subsection
may be used for any eligible project or
activity under section 402, if the State is in
the lowest 25 percent of all States for the
number of drivers under age 18 involved in
fatal crashes in the State per the total number
of drivers under age 18 in the State based on
the most recent data that conforms with
criteria established by the Secretary.''.
(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;
``(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. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE RELATED
CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.
The Secretary may not provide a grant or otherwise make available
funding to a State, Indian tribe, county, municipality, or other local
government to be used for a program or activity to check helmet usage,
including checkpoints related to helmet usage, with respect to a
motorcycle driver or passenger.
SEC. 4007. 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:
(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. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Not later than 60 days after the date on which the Secretary of
Transportation awards grants under section 405 of title 23, United
States Code, the Secretary shall make available on a publicly available
Internet Web site of the Department of Transportation--
(1) an identification of--
(A) the States that were awarded grants under such
section;
(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. 4009. 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 the fiscal years 2016 through 2021
to carry out this section.''; and
(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.''.
SEC. 4010. 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)(C) 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)''.
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 have the legal authority, resources, and qualified
personnel necessary to enforce the regulations,
standards, and orders;
``(D) contains satisfactory assurances that the State
will devote adequate resources to the administration of
the plan and enforcement of the regulations, standards,
and orders;
``(E) provides a right of entry and inspection to
carry out the plan;
``(F) provides that all reports required under this
section be available to the Secretary on request;
``(G) provides that the lead State commercial motor
vehicle safety agency will adopt the reporting
requirements and use the forms for recordkeeping,
inspections, and investigations that the Secretary
prescribes;
``(H) requires all registrants of commercial motor
vehicles to demonstrate knowledge of applicable safety
regulations, standards, and orders of the Federal
Government and the State;
``(I) provides that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standards through the use of a
nationally accepted system that allows ready
identification of previously inspected commercial motor
vehicles;
``(J) ensures that activities described in subsection
(h), if financed through grants to the State made under
this section, will not diminish the effectiveness of
the development and implementation of the programs to
improve motor carrier, commercial motor vehicle, and
driver safety as described in subsection (b);
``(K) ensures that the lead State commercial motor
vehicle safety agency will coordinate the plan, data
collection, and information systems with the State
highway safety improvement program required under
section 148(c) of title 23;
``(L) ensures participation in appropriate Federal
Motor Carrier Safety Administration information
technology and data systems and other information
systems by all appropriate jurisdictions receiving
motor carrier safety assistance program funding;
``(M) ensures that information is exchanged among the
States in a timely manner;
``(N) provides satisfactory assurances that the State
will undertake efforts that will emphasize and improve
enforcement of State and local traffic safety laws and
regulations related to commercial motor vehicle safety;
``(O) provides satisfactory assurances that the State
will address national priorities and performance goals,
including--
``(i) activities aimed at removing impaired
commercial motor vehicle drivers from the
highways of the United States through adequate
enforcement of regulations on the use of
alcohol and controlled substances and by
ensuring ready roadside access to alcohol
detection and measuring equipment;
``(ii) activities aimed at providing an
appropriate level of training to State motor
carrier safety assistance program officers and
employees on recognizing drivers impaired by
alcohol or controlled substances; and
``(iii) when conducted with an appropriate
commercial motor vehicle inspection, criminal
interdiction activities, and appropriate
strategies for carrying out those interdiction
activities, including interdiction activities
that affect the transportation of controlled
substances (as defined in section 102 of the
Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 802) and listed in part
1308 of title 21, Code of Federal Regulations,
as updated and republished from time to time)
by any occupant of a commercial motor vehicle;
``(P) provides that the State has established and
dedicated sufficient resources to a program to ensure
that--
``(i) the State collects and reports to the
Secretary accurate, complete, and timely motor
carrier safety data; and
``(ii) the State participates in a national
motor carrier safety data correction system
prescribed by the Secretary;
``(Q) ensures that the State will cooperate in the
enforcement of financial responsibility requirements
under sections 13906, 31138, and 31139 and regulations
issued under those sections;
``(R) ensures consistent, effective, and reasonable
sanctions;
``(S) ensures that roadside inspections will be
conducted at locations that are adequate to protect the
safety of drivers and enforcement personnel;
``(T) provides that the State will include in the
training manuals for the licensing examination to drive
noncommercial motor vehicles and commercial motor
vehicles information on best practices for driving
safely in the vicinity of noncommercial and commercial
motor vehicles;
``(U) provides that the State will enforce the
registration requirements of sections 13902 and 31134
by prohibiting the operation of any vehicle discovered
to be operated by a motor carrier without a
registration issued under those sections or to be
operated beyond the scope of the motor carrier's
registration;
``(V) provides that the State will conduct
comprehensive and highly visible traffic enforcement
and commercial motor vehicle safety inspection programs
in high-risk locations and corridors;
``(W) except in the case of an imminent hazard or
obvious safety hazard, ensures that an inspection of a
vehicle transporting passengers for a motor carrier of
passengers is conducted at a bus station, terminal,
border crossing, maintenance facility, destination, or
other location where a motor carrier may make a planned
stop (excluding a weigh station);
``(X) ensures that the State will transmit to its
roadside inspectors notice of each Federal exemption
granted under section 31315(b) of this title and
sections 390.23 and 390.25 of title 49, Code of Federal
Regulations, and provided to the State by the
Secretary, including the name of the person that
received the exemption and any terms and conditions
that apply to the exemption;
``(Y) except as provided in subsection (d), provides
that the State--
``(i) will conduct safety audits of
interstate and, at the State's discretion,
intrastate new entrant motor carriers under
section 31144(g); and
``(ii) if the State authorizes a third party
to conduct safety audits under section 31144(g)
on its behalf, the State verifies the quality
of the work conducted and remains solely
responsible for the management and oversight of
the activities;
``(Z) provides that the State agrees to fully
participate in the performance and registration
information systems management under section 31106(b)
not later than October 1, 2020, by complying with the
conditions for participation under paragraph (3) of
that section, or demonstrates to the Secretary an
alternative approach for identifying and immobilizing a
motor carrier with serious safety deficiencies in a
manner that provides an equivalent level of safety;
``(AA) in the case of a State that shares a land
border with another country, provides that the State--
``(i) will conduct a border commercial motor
vehicle safety program focusing on
international commerce that includes
enforcement and related projects; or
``(ii) will forfeit all funds calculated by
the Secretary based on border-related
activities if the State declines to conduct the
program described in clause (i) in its plan;
and
``(BB) in the case of a State that meets the other
requirements of this section and agrees to comply with
the requirements established in subsection (l)(3),
provides that the State may fund operation and
maintenance costs associated with innovative technology
deployment under subsection (l)(3) with motor carrier
safety assistance program funds authorized under
section 31104(a)(1).
``(3) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-
year plan, and each annual update thereto, on a
publically accessible Internet Web site of the
Department of Transportation not later than 30 days
after the date the Secretary approves the plan or
update.
``(B) Limitation.--Before publishing an approved
State multiple-year plan or annual update under
subparagraph (A), the Secretary shall redact any
information identified by the State that, if
disclosed--
``(i) would reasonably be expected to
interfere with enforcement proceedings; or
``(ii) would reveal enforcement techniques or
procedures that would reasonably be expected to
risk circumvention of the law.
``(d) Exclusion of U.S. Territories.--The requirement that a State
conduct safety audits of new entrant motor carriers under subsection
(c)(2)(Y) does not apply to a territory of the United States unless
required by the Secretary.
``(e) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for ensuring
compatibility of intrastate commercial motor vehicle safety laws,
including regulations, with Federal motor carrier safety regulations to
be enforced under subsections (b) and (c). To the extent practicable,
the guidelines and standards shall allow for maximum flexibility while
ensuring a degree of uniformity that will not diminish motor vehicle
safety.
``(f) Maintenance of Effort.--
``(1) Baseline.--Except as provided under paragraphs (2) and
(3) and in accordance with section 5106 of the Surface
Transportation Reauthorization and Reform Act of 2015, a State
plan under subsection (c) shall provide that the total
expenditure of amounts of the lead State commercial motor
vehicle safety agency responsible for administering the plan
will be maintained at a level each fiscal year that is at least
equal to--
``(A) the average level of that expenditure for
fiscal years 2004 and 2005; or
``(B) the level of that expenditure for the year in
which the Secretary implements a new allocation formula
under section 5106 of the Surface Transportation
Reauthorization and Reform Act of 2015.
``(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate additional
documentation related to the maintenance of effort and may make
reasonable adjustments to the maintenance of effort baseline
after the year in which the Secretary implements a new
allocation formula under section 5106 of the Surface
Transportation Reauthorization and Reform Act of 2015, and this
adjusted baseline will replace the maintenance of effort
requirement under paragraph (1).
``(3) Waivers.--At the request of a State, the Secretary may
waive or modify the requirements of this subsection for a total
of 1 fiscal year if the Secretary determines that the waiver or
modification is reasonable, based on circumstances described by
the State, to ensure the continuation of commercial motor
vehicle enforcement activities in the State.
``(4) Level of state expenditures.--In estimating the average
level of a State's expenditures under paragraph (1), the
Secretary--
``(A) may allow the State to exclude State
expenditures for federally sponsored demonstration and
pilot programs and strike forces;
``(B) may allow the State to exclude expenditures for
activities related to border enforcement and new
entrant safety audits; and
``(C) shall require the State to exclude State
matching amounts used to receive Federal financing
under section 31104.
``(g) Use of Unified Carrier Registration Fees Agreement.--Amounts
generated under section 14504a and received by a State and used for
motor carrier safety purposes may be included as part of the State's
match required under section 31104 or maintenance of effort required by
subsection (f).
``(h) Use of Grants To Enforce Other Laws.--When approved as part of
a State's plan under subsection (c), the State may use motor carrier
safety assistance program funds received under this section--
``(1) if the activities are carried out in conjunction with
an appropriate inspection of a commercial motor vehicle to
enforce Federal or State commercial motor vehicle safety
regulations, for--
``(A) enforcement of commercial motor vehicle size
and weight limitations at locations, excluding fixed-
weight facilities, such as near steep grades or
mountainous terrains, where the weight of a commercial
motor vehicle can significantly affect the safe
operation of the vehicle, or at ports where intermodal
shipping containers enter and leave the United States;
and
``(B) detection of and enforcement actions taken as a
result of criminal activity, including the trafficking
of human beings, in a commercial motor vehicle or by
any occupant, including the operator, of the commercial
motor vehicle; and
``(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement of
such laws and regulations relating to noncommercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles, if--
``(A) the number of motor carrier safety activities,
including roadside safety inspections, conducted in the
State is maintained at a level at least equal to the
average level of such activities conducted in the State
in fiscal years 2004 and 2005; and
``(B) the State does not use more than 10 percent of
the basic amount the State receives under a grant
awarded under section 31104(a)(1) for enforcement
activities relating to noncommercial motor vehicles
necessary to promote the safe operation of commercial
motor vehicles unless the Secretary determines that a
higher percentage will result in significant increases
in commercial motor vehicle safety.
``(i) Evaluation of Plans and Award of Grants.--
``(1) Awards.--The Secretary shall establish criteria for the
application, evaluation, and approval of State plans under this
section. Subject to subsection (j), the Secretary may allocate
the amounts made available under section 31104(a)(1) among the
States.
``(2) Opportunity to cure.--If the Secretary disapproves a
plan under this section, the Secretary shall give the State a
written explanation of the reasons for disapproval and allow
the State to modify and resubmit the plan for approval.
``(j) Allocation of Funds.--
``(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available under
section 31104(a)(1).
``(2) Annual allocations.--On October 1 of each fiscal year,
or as soon as practicable thereafter, and after making a
deduction under section 31104(c), the Secretary shall allocate
amounts made available under section 31104(a)(1) to carry out
this section for the fiscal year among the States with plans
approved under this section in accordance with the criteria
prescribed under paragraph (1).
``(3) Elective adjustments.--Subject to the availability of
funding and notwithstanding fluctuations in the data elements
used by the Secretary to calculate the annual allocation
amounts, after the creation of a new allocation formula under
section 5106 of the Surface Transportation Reauthorization and
Reform Act of 2015, the Secretary may not make elective
adjustments to the allocation formula that decrease a State's
Federal funding levels by more than 3 percent in a fiscal year.
The 3 percent limit shall not apply to the withholding
provisions of subsection (k).
``(k) Plan Monitoring.--
``(1) In general.--On the basis of reports submitted by the
lead State agency responsible for administering a State plan
approved under this section and an investigation by the
Secretary, the Secretary shall periodically evaluate State
implementation of and compliance with the State plan.
``(2) Withholding of funds.--
``(A) Disapproval.--If, after notice and an
opportunity to be heard, the Secretary finds that a
State plan previously approved under this section is
not being followed or has become inadequate to ensure
enforcement of State regulations, standards, or orders
described in subsection (c)(1), or the State is
otherwise not in compliance with the requirements of
this section, the Secretary may withdraw approval of
the State plan and notify the State. Upon the receipt
of such notice, the State plan shall no longer be in
effect and the Secretary shall withhold all funding to
the State under this section.
``(B) Noncompliance withholding.--In lieu of
withdrawing approval of a State plan under subparagraph
(A), the Secretary may, after providing notice to the
State and an opportunity to be heard, withhold funding
from the State to which the State would otherwise be
entitled under this section for the period of the
State's noncompliance. In exercising this option, the
Secretary may withhold--
``(i) up to 5 percent of funds during the
fiscal year that the Secretary notifies the
State of its noncompliance;
``(ii) up to 10 percent of funds for the
first full fiscal year of noncompliance;
``(iii) up to 25 percent of funds for the
second full fiscal year of noncompliance; and
``(iv) not more than 50 percent of funds for
the third and any subsequent full fiscal year
of noncompliance.
``(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial review
under chapter 7 of title 5. Notwithstanding the disapproval of
a State plan under paragraph (2)(A) or the withholding of funds
under paragraph (2)(B), the State may retain jurisdiction in an
administrative or a judicial proceeding that commenced before
the notice of disapproval or withholding if the issues involved
are not related directly to the reasons for the disapproval or
withholding.
``(l) High Priority Program.--
``(1) In general.--The Secretary shall administer a high
priority program funded under section 31104 for the purposes
described in paragraphs (2) and (3).
``(2) Activities related to motor carrier safety.--The
Secretary may make discretionary grants to and enter into
cooperative agreements with States, local governments,
federally recognized Indian tribes, other political
jurisdictions as necessary, and any person to carry out high
priority activities and projects that augment motor carrier
safety activities and projects planned in accordance with
subsections (b) and (c), including activities and projects
that--
``(A) increase public awareness and education on
commercial motor vehicle safety;
``(B) target unsafe driving of commercial motor
vehicles and noncommercial motor vehicles in areas
identified as high risk crash corridors;
``(C) improve the safe and secure movement of
hazardous materials;
``(D) improve safe transportation of goods and
persons in foreign commerce;
``(E) demonstrate new technologies to improve
commercial motor vehicle safety;
``(F) support participation in performance and
registration information systems management under
section 31106(b)--
``(i) for entities not responsible for
submitting the plan under subsection (c); or
``(ii) for entities responsible for
submitting the plan under subsection (c)--
``(I) before October 1, 2020, to
achieve compliance with the
requirements of participation; and
``(II) beginning on October 1, 2020,
or once compliance is achieved,
whichever is sooner, for special
initiatives or projects that exceed
routine operations required for
participation;
``(G) conduct safety data improvement projects--
``(i) that complete or exceed the
requirements under subsection (c)(2)(P) for
entities not responsible for submitting the
plan under subsection (c); or
``(ii) that exceed the requirements under
subsection (c)(2)(P) for entities responsible
for submitting the plan under subsection (c);
and
``(H) otherwise improve commercial motor vehicle
safety and compliance with commercial motor vehicle
safety regulations.
``(3) Innovative technology deployment grant program.--
``(A) In general.--The Secretary shall establish an
innovative technology deployment grant program to make
discretionary grants funded under section 31104(a)(2)
to eligible States for the innovative technology
deployment of commercial motor vehicle information
systems and networks.
``(B) Purposes.--The purposes of the program shall
be--
``(i) to advance the technological capability
and promote the deployment of intelligent
transportation system applications for
commercial motor vehicle operations, including
commercial motor vehicle, commercial driver,
and carrier-specific information systems and
networks; and
``(ii) to support and maintain commercial
motor vehicle information systems and
networks--
``(I) to link Federal motor carrier
safety information systems with State
commercial motor vehicle systems;
``(II) to improve the safety and
productivity of commercial motor
vehicles and drivers; and
``(III) to reduce costs associated
with commercial motor vehicle
operations and Federal and State
commercial motor vehicle regulatory
requirements.
``(C) Eligibility.--To be eligible for a grant under
this paragraph, a State shall--
``(i) have a commercial motor vehicle
information systems and networks program plan
approved by the Secretary that describes the
various systems and networks at the State level
that need to be refined, revised, upgraded, or
built to accomplish deployment of commercial
motor vehicle information systems and networks
capabilities;
``(ii) certify to the Secretary that its
commercial motor vehicle information systems
and networks deployment activities, including
hardware procurement, software and system
development, and infrastructure modifications--
``(I) are consistent with the
national intelligent transportation
systems and commercial motor vehicle
information systems and networks
architectures and available standards;
and
``(II) promote interoperability and
efficiency to the extent practicable;
and
``(iii) agree to execute interoperability
tests developed by the Federal Motor Carrier
Safety Administration to verify that its
systems conform with the national intelligent
transportation systems architecture, applicable
standards, and protocols for commercial motor
vehicle information systems and networks.
``(D) Use of funds.--Grant funds received under this
paragraph may be used--
``(i) for deployment activities and
activities to develop new and innovative
advanced technology solutions that support
commercial motor vehicle information systems
and networks;
``(ii) for planning activities, including the
development or updating of program or top level
design plans in order to become eligible or
maintain eligibility under subparagraph (C);
and
``(iii) for the operation and maintenance
costs associated with innovative technology.
``(E) Secretary authorization.--The Secretary is
authorized to award a State funding for the operation
and maintenance costs associated with innovative
technology deployment with funds made available under
sections 31104(a)(1) and 31104(a)(2).''.
(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--
``(A) $278,242,684 for fiscal year 2017;
``(B) $293,685,550 for fiscal year 2018;
``(C) $308,351,227 for fiscal year 2019;
``(D) $323,798,553 for fiscal year 2020; and
``(E) $339,244,023 for fiscal year 2021.
``(2) High priority activities program.--Subject to
subsection (c), to make grants and cooperative agreements under
section 31102(l), the Secretary may set aside from amounts made
available under paragraph (1) up to--
``(A) $40,798,780 for fiscal year 2017;
``(B) $41,684,114 for fiscal year 2018;
``(C) $42,442,764 for fiscal year 2019;
``(D) $43,325,574 for fiscal year 2020; and
``(E) $44,209,416 for fiscal year 2021.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,000,000 for fiscal year 2017;
``(B) $1,000,000 for fiscal year 2018;
``(C) $1,000,000 for fiscal year 2019;
``(D) $1,000,000 for fiscal year 2020; and
``(E) $1,000,000 for fiscal year 2021.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $30,958,536 for fiscal year 2017;
``(B) $31,630,336 for fiscal year 2018;
``(C) $32,206,008 for fiscal year 2019;
``(D) $32,875,893 for fiscal year 2020; and
``(E) $33,546,562 for fiscal year 2021.
``(b) Reimbursement and Payment to Recipients for Government Share of
Costs.--
``(1) In general.--Amounts made available under subsection
(a) shall be used to reimburse financial assistance recipients
proportionally for the Federal Government's share of the costs
incurred.
``(2) Reimbursement amounts.--The Secretary shall reimburse a
recipient, in accordance with a financial assistance agreement
made under section 31102, 31103, or 31313, an amount that is at
least 85 percent of the costs incurred by the recipient in a
fiscal year in developing and implementing programs under such
sections. The Secretary shall pay the recipient an amount not
more than the Federal Government share of the total costs
approved by the Federal Government in the financial assistance
agreement. The Secretary shall include a recipient's in-kind
contributions in determining the reimbursement.
``(3) Vouchers.--Each recipient shall submit vouchers at
least quarterly for costs the recipient incurs in developing
and implementing programs under sections 31102, 31103, and
31313.
``(c) Deductions for Partner Training and Program Support.--On
October 1 of each fiscal year, or as soon after that date as
practicable, the Secretary may deduct from amounts made available under
paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not
more than 1.50 percent of those amounts for partner training and
program support in that fiscal year. The Secretary shall use at least
75 percent of those deducted amounts to train non-Federal Government
employees and to develop related training materials in carrying out
such programs.
``(d) Grants and Cooperative Agreements as Contractual Obligations.--
The approval of a financial assistance agreement by the Secretary under
section 31102, 31103, or 31313 is a contractual obligation of the
Federal Government for payment of the Federal Government's share of
costs in carrying out the provisions of the grant or cooperative
agreement.
``(e) Eligible Activities.--The Secretary shall establish criteria
for eligible activities to be funded with financial assistance
agreements under this section and publish those criteria in a notice of
funding availability before the financial assistance program
application period.
``(f) Period of Availability of Financial Assistance Agreement Funds
for Recipient Expenditures.--The period of availability for a recipient
to expend funds under a grant or cooperative agreement authorized under
subsection (a) is as follows:
``(1) For grants made for carrying out section 31102, other
than section 31102(l), for the fiscal year in which the
Secretary approves the financial assistance agreement and for
the next fiscal year.
``(2) For grants made or cooperative agreements entered into
for carrying out section 31102(l)(2), for the fiscal year in
which the Secretary approves the financial assistance agreement
and for the next 2 fiscal years.
``(3) For grants made for carrying out section 31102(l)(3),
for the fiscal year in which the Secretary approves the
financial assistance agreement and for the next 4 fiscal years.
``(4) For grants made for carrying out section 31103, for the
fiscal year in which the Secretary approves the financial
assistance agreement and for the next fiscal year.
``(5) For grants made or cooperative agreements entered into
for carrying out section 31313, for the fiscal year in which
the Secretary approves the financial assistance agreement and
for the next 4 fiscal years.
``(g) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund (other than the Mass Transit
Account) by this section shall be available for obligation on the date
of their apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
``(h) Availability of Funding.--Amounts made available under this
section shall remain available until expended.''.
(d) Clerical Amendment.--The analysis for chapter 311 of title 49,
United States Code, is amended by striking the items relating to
sections 31102, 31103, and 31104 and inserting the following:
``31102. Motor carrier safety assistance program.
``31103. Commercial motor vehicle operators grant program.
``31104. Authorization of appropriations.''.
(e) Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews of
new operators.--Section 31144(g) of title 49, United States
Code, is amended by striking paragraph (5).
(2) Information systems; performance and 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, are repealed.
(4) Performance and registration information system
management.--Section 31109 of title 49, United States Code, and
the item relating to that section in the analysis for chapter
311 of that title, are repealed.
(5) Commercial vehicle information systems and 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--
(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).
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
(g) Transition.--Notwithstanding the amendments made by this section,
the Secretary shall carry out sections 31102, 31103, 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
subheading 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. Authorization of appropriations
``(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $259,000,000 for fiscal year 2016;
``(2) $259,000,000 for fiscal year 2017;
``(3) $259,000,000 for fiscal year 2018;
``(4) $259,000,000 for fiscal year 2019;
``(5) $259,000,000 for fiscal year 2020; and
``(6) $259,000,000 for fiscal year 2021.
``(b) Use of Funds.--The funds authorized by this section shall be
used for--
``(1) personnel costs;
``(2) administrative infrastructure;
``(3) rent;
``(4) information technology;
``(5) programs for research and technology, information
management, regulatory development, and the administration of
performance and registration information systems management
under section 31106(b);
``(6) programs for outreach and education under subsection
(c);
``(7) other operating expenses;
``(8) conducting safety reviews of new operators; and
``(9) such other expenses as may from time to time become
necessary to implement statutory mandates of the Federal Motor
Carrier Safety Administration not funded from other sources.
``(c) Outreach and Education Program.--
``(1) In general.--The Secretary may conduct, through any
combination of grants, contracts, cooperative agreements, and
other activities, an internal and external outreach and
education program to be administered by the Administrator of
the Federal Motor Carrier Safety Administration.
``(2) Federal share.--The Federal share of an outreach and
education project for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100
percent of the cost of the project.
``(3) Funding.--From amounts made available under subsection
(a), the Secretary shall make available not more than
$4,000,000 each fiscal year.
``(d) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund (other than the Mass Transit
Account) by this section shall be available for obligation on the date
of their apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
``(e) Funding Availability.--Amounts made available under this
section shall remain available until expended.
``(f) Contractual Obligation.--The approval of funds by the Secretary
under this section is a contractual obligation of the Federal
Government for payment of the Federal Government's share of costs.''.
(b) Clerical Amendment.--The analysis for chapter 311 of title 49,
United States Code, is amended by adding at the end of the items
relating to subchapter I the following:
``31110. Authorization of appropriations.''.
(c) Conforming Amendments.--
(1) Administrative expenses; authorization of
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) Internal cooperation.--Section 31161 of title 49, United
States Code, is amended by striking ``section 31104(i)'' and
inserting ``section 31110''.
(4) SAFETEA-LU; outreach and education.--Section 4127 of
SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item
relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM 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) 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 (1) and (2).
``(1) 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;
``(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).
``(2) 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)(2) 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.''.
(b) Clerical Amendment.--The analysis for chapter 313 of title 49,
United States Code, is amended by striking the item relating to section
31313 and inserting the following:
``31313. Commercial driver's license program implementation financial
assistance program.''.
SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 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) $241,480,000 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, $30,480,000 for fiscal year 2016.
``(2) Border enforcement grants.--For border enforcement
grants under section 31107 of that title $32,512,000 for fiscal
year 2016.
``(3) Performance and registration information systems
management grant program.--For the performance and registration
information systems management grant program under section
31109 of that title $5,080,000 for fiscal year 2016.
``(4) Commercial vehicle information systems and networks
deployment.--For carrying out the commercial vehicle
information systems and networks deployment program under
section 4126 of this Act $25,400,000 for fiscal year 2016.
``(5) Safety data improvement grants.--For safety data
improvement grants under section 4128 of this Act $3,048,000
for fiscal year 2016.''.
(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 inserting ``2016''.
(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.--
(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. 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 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 assistance
program.
(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) 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 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 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 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.--In developing the new allocation
formula, the Secretary shall terminate the withholding of motor
carrier assistance program funds from a State for at least 3
fiscal years 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 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 a new allocation formula for the motor carrier safety assistance
program.
SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.
(a) Before New Allocation Formula.--
(1) Fiscal year 2017.--If a new allocation formula for the
motor carrier safety assistance program has not been
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(e) 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;
(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 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.--Within each regulatory impact
analysis of a proposed or final rule issued by the Federal Motor
Carrier Safety Administration, the Secretary shall, whenever
practicable--
``(1) consider the effects of the proposed or final rule on
different segments of the motor carrier industry;
``(2) formulate estimates and findings based on the best
available science; and
``(3) utilize available data specific to the different types
of motor carriers, including small and large carriers, and
drivers that will be impacted by the proposed or final rule.
``(g) Public Participation.--
``(1) In general.--If a proposed rule promulgated under this
part is likely to lead to the promulgation of a major rule, the
Secretary, before promulgating such proposed rule, shall--
``(A) issue an advance notice of proposed rulemaking;
or
``(B) proceed with a negotiated rulemaking.
``(2) Requirements.--Each advance notice of proposed
rulemaking issued under paragraph (1) shall--
``(A) identify the need for a potential regulatory
action;
``(B) identify and request public comment on the best
available science or technical information relevant to
analyzing potential regulatory alternatives;
``(C) request public comment on the available data
and costs with respect to regulatory alternatives
reasonably likely to be considered as part of the
rulemaking; and
``(D) request public comment on available
alternatives to regulation.
``(3) Waiver.--This subsection does not apply to a proposed
rule if the Secretary, for good cause, finds (and incorporates
the finding and a brief statement of reasons for such finding
in the proposed or final rule) that an advance notice of
proposed rulemaking is impracticable, unnecessary, or contrary
to the public interest.
``(h) Review of Rules.--
``(1) In general.--Once every 5 years, the Secretary shall
conduct a review of regulations issued under this part.
``(2) Schedule.--At the beginning of each 5-year review
period, the Secretary shall publish a schedule that sets forth
the plan for completing the review under paragraph (1) within 5
years.
``(3) Notification of changes.--During each review period,
the Secretary shall address any changes to the schedule
published under paragraph (2) and notify the public of such
changes.
``(4) Consideration of petitions.--In conducting a review
under paragraph (1), the Secretary shall consider petitions for
regulatory action under this part received by the Administrator
of the Federal Motor Carrier Safety Administration.
``(5) Assessment.--At the conclusion of each review under
paragraph (1), the Secretary shall publish on a publicly
accessible Internet Web site of the Department of
Transportation an assessment that includes--
``(A) an inventory of the regulations issued during
the 5-year period ending on the date on which the
assessment is published;
``(B) a determination of whether the regulations
are--
``(i) consistent and clear;
``(ii) current with the operational realities
of the motor carrier industry; and
``(iii) uniformly enforced; and
``(C) an assessment of whether the regulations
continue to be necessary.
``(6) Rulemaking.--Not later than 2 years after the
completion of each review under this subsection, the Secretary
shall initiate a rulemaking to amend regulations as necessary
to address the determinations made under paragraph (5)(B) and
the results of the assessment under paragraph (5)(C).
``(i) Rule of Construction.--Nothing in subsection (f) or (g) may be
construed to limit the contents of an advance notice of proposed
rulemaking.''.
SEC. 5203. GUIDANCE.
(a) In General.--
(1) Date of issuance and point of contact.--Each 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 published under subsection (a) 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;
(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 each comment 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.
SEC. 5204. 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
response'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) Petition Defined.--In this section, the term ``petition'' means a
request for a new regulation, a regulatory interpretation or
clarification, or a review of a regulation to eliminate or modify an
obsolete, ineffective, or overly burdensome regulation.
PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM
SEC. 5221. 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;
(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 differently than for
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
(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 submit a report containing the
results of the study commissioned pursuant to subsection (a) to--
(1) the Committee on Commerce, Science, and Transportation of
the Senate;
(2) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(3) the Inspector General 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.
(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 implements--
(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).
SEC. 5222. BEYOND COMPLIANCE.
(a) In General.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall incorporate into the CSA program a
methodology to allow recognition and an improved SMS score for--
(1) the installation of advanced safety equipment;
(2) the use of enhanced driver fitness measures;
(3) the adoption of fleet safety management tools,
technologies, and programs; or
(4) other metrics as determined appropriate by the
Administrator.
(b) 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 metrics for purposes of subsection (a).
(c) Report.--Not later than 18 months after the incorporation of the
methodology under subsection (a), the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the number of motor carriers
receiving recognition and improved scores under such methodology and
the safety performance of such carriers.
SEC. 5223. DATA CERTIFICATION.
(a) In General.--On and after the date that is 1 day after the date
of enactment of this Act, no information regarding analysis of
violations, crashes in which a determination is made that the motor
carrier or the commercial motor vehicle driver is not at fault, alerts,
or the relative percentile for each BASIC developed under the CSA
program may be made available to the public (including through requests
under section 552 of title 5, United States Code) 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 CSA program has been modified 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; and
(B) a motor carrier and a commercial motor vehicle
driver may access information referred to in subsection
(a) that relates directly to the motor carrier or
driver, respectively.
(2) 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. INTERIM HIRING STANDARD.
(a) Definitions.--In this section, the following definitions apply:
(1) Entity.--The term ``entity'' means a person acting as--
(A) a shipper, other than an individual shipper (as
that term is defined in section 13102 of title 49,
United States Code), or a consignee;
(B) a broker or a freight forwarder (as such terms
are defined in section 13102 of title 49, United States
Code);
(C) a non-vessel-operating common carrier, an ocean
freight forwarder, or an ocean transportation
intermediary (as such terms are defined in section
40102 of title 46, United States Code);
(D) an indirect air carrier authorized to operate
under a Standard Security Program approved by the
Transportation Security Administration;
(E) a customs broker licensed in accordance with
section 111.2 of title 19, Code of Federal Regulations;
(F) an interchange motor carrier subject to
paragraphs (1)(B) and (2) of section 13902(i) of title
49, United States Code; or
(G) a warehouse (as defined in section 7-102(13) of
the Uniform Commercial Code).
(2) Motor carrier.--The term ``motor carrier'' means a motor
carrier (as that term is defined in section 13102 of title 49,
United States Code) that is subject to Federal motor carrier
financial responsibility and safety regulations.
(b) Hiring Standard.--Subsection (c) shall only be applicable to
entities who, before tendering a shipment, but not more than 35 days
before the pickup of the shipment by the hired motor carrier, verify
that the motor carrier, at the time of such verification--
(1) is registered with and authorized by the Federal Motor
Carrier Safety Administration to operate as a motor carrier, if
applicable;
(2) has the minimum insurance coverage required by Federal
law; and
(3) has a satisfactory safety fitness determination issued by
the Federal Motor Carrier Safety Administration in force.
(c) Interim Use of Data.--
(1) In general.--With respect to an entity who completed a
verification under subsection (b), only information regarding
the entity's compliance or noncompliance with subsection (b)
may be admitted as evidence or otherwise used against the
entity in a civil action for damages resulting from a claim of
negligent selection or retention of a motor carrier.
(2) Excluded evidence.--With respect to an entity who
completed a verification under subsection (b), motor carrier
data (other than the information described in paragraph (1))
created or maintained by the Federal Motor Carrier Safety
Administration, including SMS data or analysis of such data,
may not be admitted into evidence in a case or proceeding in
which it is asserted or alleged that the entity's selection or
retention of a motor carrier was negligent.
(d) Sunset.--This section shall cease to be effective on the date on
which the Inspector General of the Department makes the certification
under section 5223(a).
Subtitle C--Commercial Motor Vehicle Safety
SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS.
(a) National Clearinghouse for Controlled Substance and Alcohol Test
Results of Commercial Motor Vehicle Operators.--If the deadline
established under section 31306a(a)(1) of title 49, United States Code,
has not been met, not later than 30 days after the date of enactment of
this Act, the Secretary of Transportation 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 that--
(1) explains why such deadline has not been met; and
(2) establishes a new deadline for completion of the
requirements of such section.
(b) Electronic Logging Devices.--If the deadline established under
section 31137(a) of title 49, United States Code, has not been met, 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 that--
(1) explains why such deadline has not been met; and
(2) establishes a new deadline for completion of the
requirements of such section.
(c) Standards for Training.--If the deadline established under
section 31305(c) of title 49, United States Code, has not been met, 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 that--
(1) explains why such deadline has not been met; and
(2) establishes a new deadline for completion of the
requirements of such section.
(d) Further Responsibilities.--If the Secretary determines that a
deadline established under subsection (a)(2), (b)(2), or (c)(2) cannot
be met, not later than 30 days after the date on which such
determination is made, 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 that--
(1) explains why such deadline cannot be met; and
(2) establishes a new deadline for completion of the relevant
requirements.
SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall issue regulations to modify section
393.60(e)(1) of title 49, Code of Federal Regulations, to permanently
allow the voluntary mounting on the inside of a vehicle's windshield,
within the area swept by windshield wipers, of vehicle safety
technologies, if the Secretary determines that such mounting is likely
to achieve a level of safety that is equivalent to, or greater than,
the level of safety that would be achieved without such mounting.
(b) Vehicle Safety Technology Defined.--In this section, the term
``vehicle safety technology'' includes lane departure warning systems,
collision avoidance systems, on-board video event recording devices,
and any other technology determined appropriate by the Secretary.
(c) Rule of Construction.--Nothing in this section may be construed
to alter the terms of a short-term exemption from section 393.60(e) of
title 49, Code of Federal Regulations, granted and in effect as of the
date of enactment of this Act.
SEC. 5303. 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.
SEC. 5304. 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 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. 5305. 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. 5306. READY MIXED CONCRETE TRUCKS.
A driver of a ready mixed concrete mixer truck is exempt from section
3(a)(3)(ii) of part 395 of title 49, Code of Federal Regulations, if
the driver is in compliance with clauses (i), (iii), (iv), and (v) of
subsection (e)(1) of section 1 of part 395 of such title (regarding the
100 air-mile logging exemption).
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)(4) of title
10.
``(B) Covered individual.--The term `covered
individual' means--
``(i) a former member of the armed forces; or
``(ii) a former member of the reserve
components.
``(C) Reserve components.--The term `reserve
components' means--
``(i) the Army National Guard of the United
States;
``(ii) the Army Reserve;
``(iii) the Navy Reserve;
``(iv) the Marine Corps Reserve;
``(v) the Air National Guard of the United
States;
``(vi) the Air Force Reserve; and
``(vii) the Coast Guard Reserve.''.
(b) 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.
(c) 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)(4) of title 10); or
``(II) the reserve components (as that term
is defined in section 31305(d)(2)(C) 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)--
(A) in the matter preceding subparagraph (A) by
inserting ``for urine testing, and technical guidelines
for hair testing,'' before ``including mandatory
guidelines'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) in subparagraph (C) by inserting ``and'' after
the semicolon; and
(D) by adding at the end the following:
``(D) laboratory protocols and cut-off levels for
hair testing to detect the use of a controlled
substance;''.
(b) Guidelines.--Not later than 1 year after the date of 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. CERTIFIED MEDICAL EXAMINERS.
(a) In General.--Section 31315(b)(1) of title 49, United States Code,
is amended by striking ``or section 31136'' and inserting ``, section
31136, or section 31149(d)(3)''.
(b) Conforming Amendment.--Section 31149(d)(3) of title 49, United
States Code, is amended by inserting ``, unless the person issuing the
certificate is the subject of an exemption issued under section
31315(b)(1)'' before the semicolon.
SEC. 5404. GRADUATED COMMERCIAL DRIVER'S LICENSE PILOT PROGRAM.
(a) Task Force.--
(1) In general.--The Secretary shall convene a task force to
evaluate and make recommendations to the Secretary on elements
for inclusion in a graduated commercial driver's license pilot
program that would allow a novice licensed driver between the
ages of 19 years and 6 months and 21 years to safely operate a
commercial motor vehicle in a limited capacity in interstate
commerce between States that enter into a bi-State agreement.
(2) Membership.--The task force convened under paragraph (1)
shall include representatives of State motor vehicle
administrators, motor carriers, labor organizations, safety
advocates, and other stakeholders determined appropriate by the
Secretary.
(3) Considerations.--The task force convened under paragraph
(1) shall evaluate and make recommendations on the following
elements for inclusion in a graduated commercial driver's
license pilot program:
(A) A specified length of time for a learner's permit
stage.
(B) A requirement that drivers under the age of 21
years be accompanied by experienced drivers over the
age of 21 years.
(C) A restriction on travel distances.
(D) A restriction on maximum allowable driving hours.
(E) Mandatory driver training that exceeds the
requirements for drivers over the age of 21 years
issued by the Secretary under section 31305(c) of title
49, United States Code.
(F) Use of certain safety technologies in the
vehicles of drivers under the age of 21 years.
(G) Any other element the task force considers
appropriate.
(4) Recommendations.--Not later than 1 year after the date of
enactment of this Act, the task force convened under paragraph
(1) shall recommend to the Secretary the elements the task
force has determined appropriate for inclusion in a graduated
commercial driver's license pilot program.
(b) Pilot Program.--
(1) In general.--Not later than 1 year after receiving the
recommendations of the task force under subsection (a), the
Secretary shall establish a graduated commercial driver's
license pilot program in accordance with such recommendations
and section 31315(c) of title 49, United States Code.
(2) Pre-establishment requirements.--Prior to the
establishment of the pilot program under paragraph (1), the
Secretary shall--
(A) submit to Congress a report outlining the
recommendations of the task force received under
subsection (a); and
(B) publish in the Federal Register, and provide
sufficient notice of and an opportunity for public
comment on, the--
(i) proposed requirements for State and
driver participation in the pilot program,
based on the recommendations of the task force
and consistent with paragraph (3);
(ii) measures the Secretary will utilize
under the pilot program to ensure safety; and
(iii) standards the Secretary will use to
evaluate the pilot program, including to
determine any changes in the level of motor
carrier safety as a result of the pilot
program.
(3) Program elements.--The pilot program established under
paragraph (1)--
(A) may not allow an individual under the age of 19
years and 6 months to participate;
(B) may not allow a driver between the ages of 19
years and 6 months and 21 years to--
(i) operate a commercial motor vehicle in
special configuration; or
(ii) transport hazardous cargo;
(C) shall be carried out in a State (including the
District of Columbia) only if the Governor of the State
(or the Mayor of the District of Columbia, if
applicable) approves an agreement with a contiguous
State to allow a licensed driver under the age of 21
years to operate a commercial motor vehicle across both
States in accordance with the pilot program;
(D) may not recognize more than 6 agreements
described in subparagraph (C);
(E) may not allow more than 10 motor carriers to
participate in the pilot program under each agreement
described in subparagraph (C);
(F) shall require each motor carrier participating in
the pilot program under an agreement described in
subparagraph (C) to--
(i) have in effect a satisfactory safety
fitness determination that was issued by the
Federal Motor Carrier Safety Administration
during the 2-year period preceding the date of
the Federal Register publication required under
paragraph (2)(B); and
(ii) agree to have its safety performance
monitored by the Secretary during participation
in the pilot program;
(G) shall allow for the revocation of a motor
carrier's participation in the pilot program if a State
or the Secretary determines that the motor carrier
violated the requirements, including safety
requirements, of the pilot program; and
(H) shall ensure that a valid graduated commercial
driver's license issued by a State that has entered
into an agreement described in subparagraph (C) and is
approved by the Secretary to participate in the pilot
program is recognized as valid in both States that are
participating in the agreement.
(c) Inspector General Report.--
(1) Monitoring.--The Inspector General of the Department of
Transportation shall monitor and review the implementation of
the pilot program established under subsection (b).
(2) Report.--The Inspector General shall submit to Congress
and the Secretary--
(A) not later than 1 year after the establishment of
the pilot program under subsection (b), an interim
report on the results of the review conducted under
paragraph (1); and
(B) not later than 60 days after the conclusion of
the pilot program, a final report on the results of the
review conducted under paragraph (1).
(3) Additional contents.--
(A) Interim report.--The interim report required
under paragraph (2)(A) shall address whether the
Secretary has established sufficient mechanisms and
generated sufficient data to determine if the pilot
program is having any adverse effects on motor carrier
safety.
(B) Final report.--The final report required under
paragraph (2)(B) shall address the impact of the pilot
program on--
(i) safety; and
(ii) the number of commercial motor vehicle
drivers available for employment.
SEC. 5405. VETERANS EXPANDED TRUCKING OPPORTUNITIES.
(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) 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
(C) has never, with respect 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.
(d) Statutory Construction.--Nothing in this section shall be
construed to change any statutory penalty associated with fraud or
abuse.
Subtitle E--General Provisions
SEC. 5501. 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, including small and
minority motor carriers and independent owner-
operators;
(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;
(C) attorney fees; and
(D) 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--
(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. 5502. 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) 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. 5503. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.
(a) In General.--Not later than April 1, 2016, 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
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;
(C) attorney fees; and
(D) other identifiable costs; and
(3) the frequency with which insurance claims exceed the
current minimum levels of financial responsibility.
SEC. 5504. 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--
(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) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working group.
(f) Termination.--The working group shall terminate 1 year after the
date the Secretary receives the report under subsection (c)(1).
SEC. 5505. 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
inexperienced consumers the information such consumers need to know
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;
(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) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working group.
(f) Termination.--The working group shall terminate 1 year after the
date the working group makes its recommendations under subsection
(c)(2).
SEC. 5506. TECHNOLOGY IMPROVEMENTS.
(a) In General.--Not later than 1 year 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 for
the purpose of improving the efficacy of the systems,
procedures, and programs described in paragraph (1).
SEC. 5507. 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. 5508. REPORT ON COMMERCIAL DRIVER'S LICENSE SKILLS TEST DELAYS.
Not later than 1 year after the date of enactment of this Act, and
each year thereafter, the Administrator of the Federal Motor Carrier
Safety Administration shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that--
(1) describes, for each State, the status of skills testing
for applicants for a commercial driver's license, including--
(A) the average wait time, by month and location,
from the date an applicant requests to take a skills
test to the date the applicant completes such test;
(B) the average wait time, by month and location,
from the date an applicant, upon failure of a skills
test, requests a retest to the date the applicant
completes such retest;
(C) the actual number of qualified commercial
driver's license examiners, by month and location,
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 completes such test or retest.
SEC. 5509. 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. 5510. 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) Emergency.--In the case of a train accident, an act of God, a
train derailment, or a major equipment failure or track condition that
prevents a train from advancing, a driver described in subsection (a)
may complete a run without being in violation of the provisions of part
395 of title 49, Code of Federal Regulations.
(c) Hi-Rail Vehicle Defined.--In this section, the term ``hi-rail
vehicle'' has the meaning given the term in section 214.7 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this Act.
SEC. 5511. 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.''.
SEC. 5512. 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) MAP-21.--Effective as of July 6, 2012, and as if included therein
as enacted, MAP-21 (Public Law 112-141) is amended as follows:
(1) Section 32108(a)(4) (126 Stat. 782) is amended by
inserting ``for'' before ``each additional day'' in the matter
proposed to be struck.
(2) Section 32301(b)(3) (126 Stat. 786) is amended by
striking ``by amending (a) to read as follows:'' and inserting
``by striking subsection (a) and inserting the following:''.
(3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by
striking ``section 32303(c)(1)'' and inserting ``section
32302(c)(1)''.
(4) Section 32921(b) (126 Stat. 828) is amended, in the
matter to be inserted, by striking ``(A) In addition'' and
inserting the following:
``(A) In general.--In addition''.
(5) Section 32931(c) (126 Stat. 829) is amended--
(A) by striking ``Secretary'' and inserting
``Secretary of Transportation'' in the matter to be
struck; and
(B) by striking ``Secretary'' and inserting
``Secretary of Transportation'' in the matter to be
inserted.
(c) Motor Carrier Safety Improvement Act of 1999.--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. 5513. AUTOMOBILE TRANSPORTER.
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 ``; or''; 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.''.
SEC. 5514. 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 1(e)(1)(ii) of part 395 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 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.''.
TITLE VI--INNOVATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Transportation for Tomorrow Act of
2015''.
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $125,000,000
for each of fiscal years 2016 through 2021.
(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;
(E) $67,500,000 for fiscal year 2020; and
(F) $67,500,000 for fiscal year 2021.
(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 2021.
(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 2021.
(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;
(E) $77,500,000 for fiscal year 2020; and
(F) $77,500,000 for fiscal year 2021.
(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 2021.
(b) 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. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT
TECHNOLOGIES DEPLOYMENT.
Section 503(c) of title 23, United States Code, is amended by adding
at the end the following:
``(4) Advanced transportation technologies deployment.--
``(A) In general.--Not later than 6 months after the
date of enactment of this paragraph, the Secretary
shall establish an advanced transportation and
congestion management technologies deployment
initiative to provide grants to eligible entities to
develop model deployment sites for large scale
installation and operation of advanced transportation
technologies to improve safety, efficiency, system
performance, and infrastructure return on investment.
``(B) Criteria.--The Secretary shall develop criteria
for selection of an eligible entity to receive a grant
under this paragraph, including how the deployment of
technology will--
``(i) reduce costs and improve return on
investments, including through the enhanced use
of existing transportation capacity;
``(ii) deliver environmental benefits that
alleviate congestion and streamline traffic
flow;
``(iii) measure and improve the operational
performance of the applicable transportation
network;
``(iv) reduce the number and severity of
traffic crashes and increase driver, passenger,
and pedestrian safety;
``(v) collect, disseminate, and use real-time
traffic, transit, parking, and other
transportation-related information to improve
mobility, reduce congestion, and provide for
more efficient and accessible transportation;
``(vi) monitor transportation assets to
improve infrastructure management, reduce
maintenance costs, prioritize investment
decisions, and ensure a state of good repair;
``(vii) deliver economic benefits by reducing
delays, improving system performance, and
providing for the efficient and reliable
movement of goods and services; or
``(viii) accelerate the deployment of
vehicle-to-vehicle, vehicle-to-infrastructure,
autonomous vehicles, and other technologies.
``(C) Applications.--
``(i) Request.--Not later than 6 months after
the date of enactment of this paragraph, and
for every fiscal year thereafter, the Secretary
shall request applications in accordance with
clause (ii).
``(ii) Contents.--An application submitted
under this subparagraph shall include the
following:
``(I) Plan.--A plan to deploy and
provide for the long-term operation and
maintenance of advanced transportation
and congestion management technologies
to improve safety, efficiency, system
performance, and return on investment.
``(II) Objectives.--Quantifiable
system performance improvements, such
as--
``(aa) reducing traffic-
related crashes, congestion,
and costs;
``(bb) optimizing system
efficiency; and
``(cc) improving access to
transportation services.
``(III) Results.--Quantifiable
safety, mobility, and environmental
benefit projections such as data-driven
estimates of how the project will
improve the region's transportation
system efficiency and reduce traffic
congestion.
``(IV) Partnerships.--A plan for
partnering with the private sector or
public agencies, including multimodal
and multijurisdictional entities,
research institutions, organizations
representing transportation and
technology leaders, or other
transportation stakeholders.
``(V) Leveraging.--A plan to leverage
and optimize existing local and
regional advanced transportation
technology investments.
``(D) Grant selection.--
``(i) Grant awards.--Not later than 1 year
after the date of enactment of this paragraph,
and for every fiscal year thereafter, the
Secretary shall award grants to not less than 5
and not more than 8 eligible entities.
``(ii) Geographic diversity.--In awarding a
grant under this paragraph, the Secretary shall
ensure, to the extent practicable, that grant
recipients represent diverse geographic areas
of the United States.
``(E) Use of grant funds.--A grant recipient may use
funds awarded under this paragraph to deploy advanced
transportation and congestion management technologies,
including--
``(i) advanced traveler information systems;
``(ii) advanced transportation management
technologies;
``(iii) infrastructure maintenance,
monitoring, and condition assessment;
``(iv) advanced public transportation
systems;
``(v) transportation system performance data
collection, analysis, and dissemination
systems;
``(vi) advanced safety systems, including
vehicle-to-vehicle and vehicle-to-
infrastructure communications, technologies
associated with autonomous vehicles, and other
collision avoidance technologies, including
systems using cellular technology;
``(vii) integration of intelligent
transportation systems with the Smart Grid and
other energy distribution and charging systems;
``(viii) electronic pricing and payment
systems; or
``(ix) advanced mobility and access
technologies, such as dynamic ridesharing and
information systems to support human services
for elderly and disabled individuals.
``(F) Report to secretary.--Not later than 1 year
after an eligible entity receives a grant under this
paragraph, and each year thereafter, the entity shall
submit a report to the Secretary that describes--
``(i) deployment and operational costs of the
project compared to the benefits and savings
the project provides; and
``(ii) how the project has met the original
expectations projected in the deployment plan
submitted with the application, such as--
``(I) data on how the project has
helped reduce traffic crashes,
congestion, costs, and other benefits
of the deployed systems;
``(II) data on the effect of
measuring and improving transportation
system performance through the
deployment of advanced technologies;
``(III) the effectiveness of
providing real-time integrated traffic,
transit, and multimodal transportation
information to the public to make
informed travel decisions; and
``(IV) lessons learned and
recommendations for future deployment
strategies to optimize transportation
efficiency and multimodal system
performance.
``(G) Report.--Not later than 3 years after the date
that the first grant is awarded under this paragraph,
and each year thereafter, the Secretary shall make
available to the public on an Internet Web site a
report that describes the effectiveness of grant
recipients in meeting their projected deployment plans,
including data provided under subparagraph (F) on how
the program has--
``(i) reduced traffic-related fatalities and
injuries;
``(ii) reduced traffic congestion and
improved travel time reliability;
``(iii) reduced transportation-related
emissions;
``(iv) optimized multimodal system
performance;
``(v) improved access to transportation
alternatives;
``(vi) provided the public with access to
real-time integrated traffic, transit, and
multimodal transportation information to make
informed travel decisions;
``(vii) provided cost savings to
transportation agencies, businesses, and the
traveling public; or
``(viii) provided other benefits to
transportation users and the general public.
``(H) Additional grants.--The Secretary may cease to
provide additional grant funds to a recipient of a
grant under this paragraph if--
``(i) the Secretary determines from such
recipient's report that the recipient is not
carrying out the requirements of the grant; and
``(ii) the Secretary provides written notice
60 days prior to withholding funds to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate.
``(I) Funding.--
``(i) In general.--From funds made available
to carry out section 503(b), this subsection,
and sections 512 through 518, the Secretary
shall set aside for grants awarded under
subparagraph (D) $75,000,000 for each of fiscal
years 2016 through 2021.
``(ii) Expenses for the secretary.--Of the
amounts set aside under clause (i), the
Secretary may set aside $2,000,000 each fiscal
year for program reporting, evaluation, and
administrative costs related to this paragraph.
``(J) Federal share.--The Federal share of the cost
of a project for which a grant is awarded under this
subsection shall not exceed 50 percent of the cost of
the project.
``(K) Grant limitation.--The Secretary may not award
more than 20 percent of the amount described under
subparagraph (I) in a fiscal year to a single grant
recipient.
``(L) Expenses for grant recipients.--A grant
recipient under this paragraph may use not more than 5
percent of the funds awarded each fiscal year to carry
out planning and reporting requirements.
``(M) Grant flexibility.--
``(i) In general.--If, by August 1 of each
fiscal year, the Secretary determines that
there are not enough grant applications that
meet the requirements described in subparagraph
(C) to carry out this section for a fiscal
year, the Secretary shall transfer to the
programs specified in clause (ii)--
``(I) any of the funds reserved for
the fiscal year under subparagraph (I)
that the Secretary has not yet awarded
under this paragraph; and
``(II) an amount of obligation
limitation equal to the amount of funds
that the Secretary transfers under
subclause (I).
``(ii) Programs.--The programs referred to in
clause (i) are--
``(I) the program under section
503(b);
``(II) the program under section
503(c); and
``(III) the programs under sections
512 through 518.
``(iii) Distribution.--Any transfer of funds
and obligation limitation under clause (i)
shall be divided among the programs referred to
in that clause in the same proportions as the
Secretary originally reserved funding from the
programs for the fiscal year under subparagraph
(I).
``(N) Definitions.--In this paragraph, the following
definitions apply:
``(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, locals
governments, metropolitan planning agencies,
transit agencies, or other political
subdivisions of a State for which each member
of the group--
``(I) has signed a written agreement
to implement the advanced
transportation technologies deployment
initiative across jurisdictional
boundaries; and
``(II) is an eligible entity under
this paragraph.''.
SEC. 6004. 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 2021''; and
(2) by adding at the end the following:
``(D) Publication.--The Secretary shall make
available to the public on an Internet Web site on an
annual basis 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. The report 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. 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 by conducting heavy duty
vehicle demonstration activities and accelerating adoption of
intelligent transportation system applications in freight
operations.''.
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.
Section 515(h)(4) of title 23, United States Code, is amended--
(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 Web
site''.
SEC. 6007. 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. 6008. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.
Section 518(a) of title 23, United States Code, is amended 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 Web site a report''.
SEC. 6009. INFRASTRUCTURE DEVELOPMENT.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 519. Infrastructure development
``Funds made available to carry out this chapter for operational
tests--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure, equipment,
and systems; and
``(2) to the maximum extent practicable, shall not be used
for the construction of physical surface transportation
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.''.
(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 new item:
``519. Infrastructure development.''.
(2) Technical amendment.--The item relating to section 512 in
the analysis for chapter 5 of title 23, United States Code, is
amended to read as follows:
``512. National ITS program plan.''.
SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS.
(a) Assistant Secretary for Research and Technology.--Section 102(e)
of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``5'' and inserting ``6'';
and
(2) in paragraph (1)(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;
``(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
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)), 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 2021, the Secretary is authorized to expend not more than
1 and a half 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, is amended to
read as follows:
``330. Research activities.''.
(d) Technical and Conforming Amendments.--
(1) Title 5 amendments.--
(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(a) of
title 49, United States Code, is amended to read as follows:
``(a) In General.--There shall be within the Department of
Transportation the Bureau of Transportation Statistics.''.
SEC. 6011. 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, is amended by striking the item relating to section
112.
SEC. 6012. OFFICE OF INTERMODALISM.
(a) Repeal.--Section 5503 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by striking the item relating to section
5503.
SEC. 6013. 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) Limitation.--A lead institution of a consortium of
nonprofit institutions of higher education, as applicable, may
only submit 1 grant application per fiscal year for each of the
transportation centers described under paragraphs (2), (3), and
(4) of subsection (c).
``(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers, regional
transportation centers, and Tier 1 university transportation
centers with identical advertisement schedules and deadlines.
``(4) General selection criteria.--
``(A) In general.--Except as otherwise provided by
this section, the Secretary shall award grants under
this section in nonexclusive candidate topic areas
established by the Secretary that address the research
priorities identified in section 503 of title 23.
``(B) Criteria.--The Secretary, in consultation with
the Assistant Secretary for Research and Technology and
the Administrator of the Federal Highway
Administration, shall select each recipient of a grant
under this section through a competitive process based
on the assessment of the Secretary relating to--
``(i) the demonstrated ability of the
recipient to address each specific topic area
described in the research and strategic plans
of the recipient;
``(ii) the demonstrated research, technology
transfer, and education resources available to
the recipient to carry out this section;
``(iii) the ability of the recipient to
provide leadership in solving immediate and
long-range national and regional transportation
problems;
``(iv) the ability of the recipient to carry
out research, education, and technology
transfer activities that are multimodal and
multidisciplinary in scope;
``(v) the demonstrated commitment of the
recipient to carry out transportation workforce
development programs through--
``(I) degree-granting programs or
programs that provide other industry-
recognized credentials; and
``(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 (3) that
includes--
``(i) specific criteria of evaluation used in
the review;
``(ii) descriptions of the review process;
and
``(iii) explanations of the selected awards.
``(6) Outside stakeholders.--The Secretary shall, to the
maximum extent practicable, consult external stakeholders such
as the Transportation Research Board of the National Research
Council of the National Academies to evaluate and competitively
review all proposals.
``(c) Grants.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, Assistant Secretary
for Research and Technology, and the Administrator of the
Federal Highway Administration shall select grant recipients
under subsection (b) and make grant amounts available to the
selected recipients.
``(2) National transportation centers.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall provide grants to 5 consortia that the
Secretary determines best meet the criteria described
in subsection (b)(4).
``(B) Restrictions.--
``(i) In general.--For each fiscal year, a
grant made available under this paragraph shall
be not greater than $4,000,000 and not less
than $2,000,000 per recipient.
``(ii) Focused research.--A consortium
receiving a grant under this paragraph shall
focus research on 1 of the transportation issue
areas specified in section 508(a)(2) of title
23.
``(C) Matching requirement.--
``(i) In general.--As a condition of
receiving a grant under this paragraph, a grant
recipient shall match 100 percent of the
amounts made available under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include amounts
made available to the recipient under--
``(I) section 504(b) of title 23; or
``(II) section 505 of title 23.
``(3) Regional university transportation centers.--
``(A) Location of regional centers.--One regional
university transportation center shall be located in
each of the 10 Federal regions that comprise the
Standard Federal Regions established by the Office of
Management and Budget in the document entitled
`Standard Federal Regions' and dated April 1974
(circular A-105).
``(B) Selection criteria.--In conducting a
competition under subsection (b), the Secretary shall
provide grants to 10 consortia on the basis of--
``(i) the criteria described in subsection
(b)(4);
``(ii) the location of the lead center within
the Federal region to be served; and
``(iii) whether the consortium of
institutions demonstrates that the consortium
has a well-established, nationally recognized
program in transportation research and
education, as evidenced by--
``(I) recent expenditures by the
institution in highway or public
transportation research;
``(II) a historical track record of
awarding graduate degrees in
professional fields closely related to
highways and public transportation; and
``(III) an experienced faculty who
specialize in professional fields
closely related to highways and public
transportation.
``(C) Restrictions.--For each fiscal year, a grant
made available under this paragraph shall be not
greater than $3,000,000 and not less than $1,500,000
per recipient.
``(D) Matching requirements.--
``(i) In general.--As a condition of
receiving a grant under this paragraph, a grant
recipient shall match 100 percent of the
amounts made available under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include amounts
made available to the recipient under--
``(I) section 504(b) of title 23; or
``(II) section 505 of title 23.
``(E) Focused research.--The Secretary shall make a
grant to 1 of the 10 regional university transportation
centers established under this paragraph for the
purpose of furthering the objectives described in
subsection (a)(2) in the field of comprehensive
transportation safety.
``(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
508 of title 23, the Secretary shall--
``(A) review and evaluate the programs carried out
under this section by grant recipients; and
``(B) submit to the Committees on Transportation and
Infrastructure and Science, Space, and Technology of
the House of Representatives and the Committee on
Environment and Public Works of the Senate a report
describing that review and evaluation.
``(3) Program evaluation and oversight.--For each of fiscal
years 2016 through 2021, the Secretary shall expend not more
than 1 and a half percent of the amounts made available to the
Secretary to carry out this section for any coordination,
evaluation, and oversight activities of the Secretary under
this section.
``(e) Limitation on Availability of Amounts.--Amounts made available
to the Secretary to carry out this section shall remain available for
obligation by the Secretary for a period of 3 years after the last day
of the fiscal year for which the amounts are authorized.
``(f) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry out
reporting requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44.''.
SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS.
(a) Bureau of Transportation Statistics.--Section 6302(b)(3)(B) of
title 49, United States Code, is amended--
(1) in clause (vi)(III) by striking ``section 6310'' and
inserting ``section 6309'';
(2) by redesignating clauses (vii), (viii), (ix), and (x) as
clauses (x), (xi), (xii), and (xiii), respectively; and
(3) by inserting after clause (vi) the following:
``(vii) develop and improve transportation
economic accounts to meet demand for methods
for estimating the economic value of
transportation infrastructure, investment, and
services;
``(viii) not be required to obtain the
approval of any other officer or employee of
the Department in connection with the
collection or analysis of any information;
``(ix) not be required, prior to publication,
to obtain the approval of any other officer or
employee of the Federal Government with respect
to the substance of any statistical technical
reports or press releases that the Director has
prepared in accordance with the law;''.
(b) Technical Amendment.--Section 6311(5) of title 49, United States
Code, is amended by striking ``section 6310'' and inserting ``section
6309''.
SEC. 6015. 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--
(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 Web site 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 2021.
(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. 6016. 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 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; and
(4) the resources necessary to maintain and improve the
Interstate System.
(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 make available to the
public on an Internet Web site the results of the study conducted under
this section.
(g) Funding.--From funds made available to carry out section 503(b)
of title 23, United States Code, the Secretary may use to carry out
this section up to $5,000,000 for fiscal year 2016.
SEC. 6017. HIGHWAY EFFICIENCY.
(a) Study.--
(1) In general.--The Assistant Secretary of Transportation
for Research and Technology 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 Assistant
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 Assistant
Secretary shall consult with--
(A) experts from the different modal administrations
of the Department and from other Federal agencies,
including the National Institute of Standards and
Technology;
(B) State departments of transportation;
(C) local government engineers and public works
professionals;
(D) industry stakeholders; and
(E) appropriate academic experts active in the field.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall publish on
a public Web site 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 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, ride quality, and road conditions and to
minimize the need for road and vehicle repairs.
SEC. 6018. MOTORCYCLE SAFETY.
(a) Study.--The Assistant Secretary for Research and Technology of
the Department of Transportation may enter into an agreement, within 45
days after the date of enactment of this Act, with the National Academy
of Sciences to conduct a study on the most effective means of
preventing motorcycle crashes.
(b) Publication.--The Assistant Secretary may make available the
findings on a public Web site within 30 days after receiving the
results of the study from the National Academy of Sciences.
SEC. 6019. 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 new subsection:
``(c) Cooperative Research.--
``(1) In general.--As part of the program established in
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 such research.
``(3) Research.--Research conducted under this subsection may
include activities related to--
``(A) emergency planning and response, including
information and programs that can be readily assessed
and implemented in local jurisdictions;
``(B) risk analysis and perception and data
assessment;
``(C) commodity flow data, including voluntary
collaboration between shippers and first responders for
secure data exchange of critical information;
``(D) integration of safety and security;
``(E) cargo packaging and handling;
``(F) hazmat release consequences; and
``(G) materials and equipment testing.''.
SEC. 6020. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.
Section 5115(a) of title 49, United States Code, is amended by
inserting ``, including online curriculum as appropriate,'' after ``a
current curriculum of courses''.
SEC. 6021. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.
To improve the scientific pursuit and research procedures concerning
transportation, the Assistant Secretary for Research and Technology may
convene an interagency working group to--
(1) develop within 1 year after the date of enactment of this
Act a national transportation research framework;
(2) identify opportunities for coordination between the
Department and universities and the private sector, and
prioritize these opportunities;
(3) identify and develop a plan to implement best practices
for moving transportation research results out of the
laboratory and into application; and
(4) identify and develop a plan to address related workforce
development needs.
SEC. 6022. COLLABORATION AND SUPPORT.
The Secretary may solicit the support of, and identify opportunities
to collaborate with, other Federal research agencies and national
laboratories to assist in the effective and efficient pursuit and
resolution of research challenges identified by the Secretary.
SEC. 6023. PRIZE COMPETITIONS.
Section 502(b)(7) of title 23, United States Code, is amended--
(1) in subparagraph (D)--
(A) by inserting ``(such as www.challenge.gov)''
after ``public website'';
(B) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively;
(C) by inserting after clause (ii) the following:
``(iii) the process for participants to
register for the competition;''; and
(D) in clause (iv) (as redesignated by subparagraph
(B)) by striking ``prize'' and inserting ``cash prize
purse'';
(2) in subparagraph (E) by striking ``prize'' both places it
appears and inserting ``cash prize purse'';
(3) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively;
(4) by inserting after subparagraph (E) the following:
``(F) Use of federal facilities; consultation with
federal employees.--An individual or entity is not
ineligible to receive a cash prize purse under this
paragraph as a result of the individual or entity using
a Federal facility or consulting with a Federal
employee related to the individual or entity's
participation in a prize competition under this
paragraph unless the same facility or employee is made
available to all individuals and entities participating
in the prize competition on an equitable basis.'';
(5) in subparagraph (G) (as redesignated by paragraph (3) of
this section)--
(A) in clause (i)(I) by striking ``competition'' and
inserting ``prize competition under this paragraph'';
(B) in clause (ii)(I)--
(i) by striking ``participation in a
competition'' and inserting ``participation in
a prize competition under this paragraph''; and
(ii) by striking ``competition activities''
and inserting ``prize competition activities'';
and
(C) by adding at the end the following:
``(iii) Intellectual property.--
``(I) Prohibition on requiring
waiver.--The Secretary may not require
a participant to waive claims against
the Department arising out of the
unauthorized use or disclosure by the
Department of the intellectual
property, trade secrets, or
confidential business information of
the participant.
``(II) Prohibition on government
acquisition of intellectual property
rights.--The Federal Government may not
gain an interest in intellectual
property developed by a participant for
a prize competition under this
paragraph without the written consent
of the participant.
``(III) Licenses.--The Federal
Government may negotiate a license for
the use of intellectual property
developed by a participant for a prize
competition under this paragraph.'';
(6) in subparagraph (H)(i) (as redesignated by paragraph (3)
of this section) by striking ``subparagraph (H)'' and inserting
``subparagraph (I)'';
(7) in subparagraph (I) (as redesignated by paragraph (3) of
this section) by striking ``an agreement with a private,
nonprofit entity'' and inserting ``a grant, contract,
cooperative agreement, or other agreement with a private sector
for-profit or nonprofit entity'';
(8) in subparagraph (J) (as redesignated by paragraph (3) of
this section)--
(A) in clause (i)--
(i) in subclause (I) by striking ``the
private sector'' and inserting ``private sector
for-profit and nonprofit entities, to be
available to the extent provided by
appropriations Acts'';
(ii) in subclause (II) by striking ``and
metropolitan planning organizations'' and
inserting ``metropolitan planning
organizations, and private sector for-profit
and nonprofit entities''; and
(iii) in subclause (III) by inserting ``for-
profit or nonprofit'' after ``private sector'';
(B) in clause (ii) by striking ``prize awards'' and
inserting ``cash prize purses'';
(C) in clause (iv)--
(i) by inserting ``competition'' after ``A
prize''; and
(ii) by striking ``the prize'' and inserting
``the cash prize purse'';
(D) in clause (v)--
(i) by striking ``amount of a prize'' and
inserting ``amount of a cash prize purse'';
(ii) by inserting ``competition'' after
``announcement of the prize''; and
(iii) in subclause (I) by inserting
``competition'' after ``prize'';
(E) in clause (vi) by striking ``offer a prize'' and
inserting ``offer a cash prize purse''; and
(F) in clause (vii) by striking ``cash prizes'' and
inserting ``cash prize purses'';
(9) in subparagraph (K) (as redesignated by paragraph (3) of
this section) by striking ``or providing a prize'' and
inserting ``a prize competition or providing a cash prize
purse''; and
(10) in subparagraph (L)(ii) (as redesignated by paragraph
(3) of this section)--
(A) in subclause (I) by striking ``The Secretary''
and inserting ``Not later than March 1 of each year,
the Secretary''; and
(B) in subclause (II)--
(i) in item (cc) by striking ``cash prizes''
both places it appears and inserting ``cash
prize purses''; and
(ii) in item (ee) by striking ``agency'' and
inserting ``Department''.
SEC. 6024. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall make available to the
public 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; and
(3) recommends implementation paths for autonomous
transportation technology, applications, and policies that are
based on the assessment described in paragraph (2).
SEC. 6025. 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
standards 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. 6026. INFRASTRUCTURE INTEGRITY.
Section 503(b)(3)(C) of title 23, United States Code, is amended--
(1) in clause (xviii) by striking ``and'' at the end;
(2) in clause (xix) by striking the period at the end and
inserting ``; and'' ; and
(3) by adding at the end the following:
``(xx) corrosion prevention measures for the
structural integrity of bridges.''.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Hazardous Materials Transportation
Safety Improvement Act of 2015''.
SEC. 7002. 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;
``(5) $60,000,000 for fiscal year 2020; and
``(6) $62,000,000 for fiscal year 2021.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Emergency Preparedness Fund established under
section 5116(h), the Secretary may expend, for each of fiscal years
2016 through 2021--
``(1) $21,988,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
``(4) $1,000,000 to carry out section 5116(i).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $5,000,000 for each of fiscal years
2016 through 2021 to carry out section 5107(e).
``(d) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, Indian tribe, authority, or
entity.
``(2) Availability of amounts.--Amounts made available under
this section shall remain available until expended.''.
SEC. 7003. 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 reason for granting the
waiver.''.
SEC. 7004. 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. 7005. 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. 7006. 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 first 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. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, the Comptroller General of the United States shall
evaluate and transmit to the Secretary, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, a report on the
standards, metrics, and protocols that the Secretary uses to regulate
the performance of persons approved to recommend hazard classifications
pursuant to section 173.56(b) of title, 49, Code of Federal Regulations
(commonly referred to as ``third-party labs'').
(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 120 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 issue such regulations not later than 24 months after
the date of enactment of this Act.
SEC. 7008. 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
(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--
``(i) if the agreement allows the Secretary and the
State or Indian tribe to conduct random examinations,
inspections, and audits of the training without prior
notice;
``(ii) the person agrees to have an auditable
accounting system; and
``(iii) if the State or Indian tribe conducts at
least one on-site observation of the training each
year.
``(6) The Secretary shall allocate amounts made available for grants
under this subsection among eligible States and Indian tribes based on
the needs of the States and Indian tribes for emergency response
training. In making a decision about those needs, the Secretary shall
consider--
``(A) the number of hazardous material facilities in the
State or on land under the jurisdiction of the Indian tribe;
``(B) the types and amounts of hazardous material transported
in the State or on such land;
``(C) whether the State or Indian tribe imposes and collects
a fee on transporting hazardous material;
``(D) whether such fee is used only to carry out a purpose
related to transporting hazardous material;
``(E) the past record of the State or Indian tribe in
effectively managing planning and training grants; and
``(F) any other factors the Secretary determines are
appropriate to carry out this subsection.''.
(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 redesignated by this
section, by striking ``subsections (a)(2)(A) and
(b)(2)(A)'' and inserting ``subsection (a)(3)(A)'';
(B) in subsection (h), as redesignated by this
section--
(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 redesignated by this
section, by striking ``subsection (b)'' and inserting
``subsection (a)''; and
(D) in subsection (j), as redesignated by this
section--
(i) by striking ``planning grants allocated
under subsection (a), training grants under
subsection (b), and grants under subsection
(j)'' and inserting ``planning and training
grants under subsection (a) and grants under
subsection (i)''; and
(ii) by redesignating subparagraphs (A)
through (D) as paragraphs (1) through (4),
respectively.
(c) Enforcement Personnel.--Section 5107(e) of title 49, United
States Code, is amended by inserting ``, State and local personnel
responsible for enforcing the safe transportation of hazardous
materials, or both'' after ``hazmat employees'' each place it appears.
SEC. 7009. 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. 7010. 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 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. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5110 the following:
``Sec. 5111. Comprehensive oil spill response plans
``(a) Requirements.--Not later than 120 days after the date of
enactment of this section, the Secretary shall issue such regulations
as are necessary to require any railroad carrier transporting a Class 3
flammable liquid to maintain a comprehensive oil spill response plan.
``(b) Contents.--The regulations under subsection (a) shall require
each railroad carrier described in that subsection to--
``(1) include in the comprehensive oil spill response plan
procedures and resources, including equipment, for responding,
to the maximum extent practicable, to a worst-case discharge;
``(2) ensure that the comprehensive oil spill response plan
is consistent with the National Contingency Plan and each
applicable Area Contingency Plan;
``(3) include in the comprehensive oil spill response plan
appropriate notification and training procedures and procedures
for coordinating with Federal, State, and local emergency
responders;
``(4) review and update its comprehensive oil spill response
plan as appropriate; and
``(5) provide the comprehensive oil spill response plan for
acceptance by the Secretary.
``(c) Savings Clause.--Nothing in the section may be construed to
prohibit the Secretary from promulgating differing comprehensive oil
response plan standards for Class I railroads, Class II railroads, and
Class III railroads.
``(d) Response Plans.--The Secretary shall--
``(1) maintain on file a copy of the most recent
comprehensive oil spill response plans prepared by a railroad
carrier transporting a Class 3 flammable liquid; and
``(2) provide to a person, upon written request, a copy of
the plan, which may exclude, as the Secretary determines
appropriate--
``(A) proprietary information;
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations;
``(C) specific response resources and tactical
resource deployment plans; and
``(D) the specific amount and location of worst-case
discharges, including the process by which a railroad
carrier determines the worst-case discharge.
``(e) Relationship to FOIA.--Nothing in this section may be construed
to require disclose of information or records that are exempt from
disclosure under section 552 of title 5.
``(f) Definitions.--
``(1) Area contingency plan.--The term `Area Contingency
Plan' has the meaning given the term in section 311(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(a)).
``(2) Class 3 flammable liquid.--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.
``(3) Class i railroad; class ii railroad; and class iii
railroad.--The terms `Class I railroad', `Class II railroad',
and `Class III railroad' have the meaning given those terms in
section 20102.
``(4) National contingency plan.--The term `National
Contingency Plan' has the meaning given the term in section
1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
``(5) Railroad carrier.--The term `railroad carrier' has the
meaning given the term in section 20102.
``(6) Worst-case discharge.--The term `worst-case discharge'
means the largest foreseeable discharge of oil in the event of
an accident or incident, as determined by each railroad carrier
in accordance with regulations issued under this section.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by inserting after the item relating to
section 5110 the following:
``5111. Comprehensive oil spill response plans.''.
SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE TRAINS.
(a) Information on High-Hazard Flammable Trains.--Not later than 90
days after the date of enactment of this Act, the Secretary shall issue
regulations to require each applicable railroad carrier to provide
information on high-hazard flammable trains to State emergency response
commissions consistent with Emergency Order Docket No. DOT-OST-2014-
0067, and include appropriate protections from public release of
proprietary information and security-sensitive information, including
information described in section 1520.5(a) of title 49, Code of Federal
Regulations.
(b) 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, as such term is defined in section
173.120 of title 49, Code of Federal Regulations, 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.
SEC. 7013. 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 of the United
States shall examine the following issues related to ECP brake
systems:
(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 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 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;
(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.--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 private entity for the purposes of conducting the
testing required under this section.
(c) Evidence-Based Approach.--
(1) Analysis.--The Secretary shall--
(A) not later than 90 days after the report date,
fully incorporate 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 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 180 days after the report
date, 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.
(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 rulemaking on the
provisions of such final rule, other than the applicable ECP
brake system requirements, if the Secretary determines that the
applicable ECP brake system requirements are not 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),
179.202-12(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.
SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN CONTROL
SYSTEMS.
(a) Short Title.--This section may be cited as the ``Positive Train
Control Enforcement and Implementation Act of 2015''.
(b) In General.--Section 20157 of title 49, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking ``18 months after the date of
enactment of the Rail Safety Improvement Act of 2008''
and inserting ``90 days after the date of enactment of
the Positive Train Control Enforcement and
Implementation Act of 2015'';
(B) by striking ``develop and'';
(C) by striking ``a plan for implementing'' and
inserting ``a revised plan for implementing'';
(D) by striking ``December 31, 2015'' and inserting
``December 31, 2018''; and
(E) in subparagraph (B) by striking ``parts'' and
inserting ``sections'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) Implementation.--
``(A) Contents of revised plan.--A revised plan
required under paragraph (1) shall--
``(i) describe--
``(I) how the positive train control
system will provide for
interoperability of the system with the
movements of trains of other railroad
carriers over its lines; and
``(II) how, to the extent practical,
the positive train control system will
be implemented in a manner that
addresses areas of greater risk before
areas of lesser risk;
``(ii) comply with the positive train control
system implementation plan content requirements
under section 236.1011 of title 49, Code of
Federal Regulations; and
``(iii) provide--
``(I) the calendar year or years in
which spectrum will be acquired and
will be available for use in each area
as needed for positive train control
system implementation, if such spectrum
is not already acquired and available
for use;
``(II) the total amount of positive
train control system hardware that will
be installed for implementation, with
totals separated by each major hardware
category;
``(III) the total amount of positive
train control system hardware that will
be installed by the end of each
calendar year until the positive train
control system is implemented, with
totals separated by each hardware
category;
``(IV) the total number of employees
required to receive training under the
applicable positive train control
system regulations;
``(V) the total number of employees
that will receive the training, as
required under the applicable positive
train control system regulations, by
the end of each calendar year until the
positive train control system is
implemented;
``(VI) a summary of any remaining
technical, programmatic, operational,
or other challenges to the
implementation of a positive train
control system, including challenges
with--
``(aa) availability of public
funding;
``(bb) interoperability;
``(cc) spectrum;
``(dd) software;
``(ee) permitting; and
``(ff) testing,
demonstration, and
certification; and
``(VII) a schedule and sequence for
implementing a positive train control
system by the deadline established
under paragraph (1).
``(B) Alternative schedule and sequence.--
Notwithstanding the implementation deadline under
paragraph (1) and in lieu of a schedule and sequence
under paragraph (2)(A)(iii)(VII), a railroad carrier or
other entity subject to paragraph (1) may include in
its revised plan an alternative schedule and sequence
for implementing a positive train control system,
subject to review under paragraph (3). Such schedule
and sequence shall provide for implementation of a
positive train control system as soon as practicable,
but not later than the date that is 24 months after the
implementation deadline under paragraph (1).
``(C) Amendments.--A railroad carrier or other entity
subject to paragraph (1) may file a request to amend a
revised plan, including any alternative schedule and
sequence, as applicable, in accordance with section
236.1021 of title 49, Code of Federal Regulations.
``(D) Compliance.--A railroad carrier or other entity
subject to paragraph (1) shall implement a positive
train control system in accordance with its revised
plan, including any amendments or any alternative
schedule and sequence approved by the Secretary under
paragraph (3).
``(3) Secretarial review.--
``(A) Notification.--A railroad carrier or other
entity that submits a revised plan under paragraph (1)
and proposes an alternative schedule and sequence under
paragraph (2)(B) shall submit to the Secretary a
written notification when such railroad carrier or
other entity is prepared for review under subparagraph
(B).
``(B) Criteria.--Not later than 90 days after a
railroad carrier or other entity submits a notification
under subparagraph (A), the Secretary shall review the
alternative schedule and sequence submitted pursuant to
paragraph (2)(B) and determine whether the railroad
carrier or other entity has demonstrated, to the
satisfaction of the Secretary, that such carrier or
entity has--
``(i) installed all positive train control
system hardware consistent with the plan
contents provided pursuant to paragraph
(2)(A)(iii)(II) on or before the implementation
deadline under paragraph (1);
``(ii) acquired all spectrum necessary for
implementation of a positive train control
system, consistent with the plan contents
provided pursuant to paragraph (2)(A)(iii)(I)
on or before the implementation deadline under
paragraph (1);
``(iii) completed employee training required
under the applicable positive train control
system regulations;
``(iv) included in its revised plan an
alternative schedule and sequence for
implementing a positive train control system as
soon as practicable, pursuant to paragraph
(2)(B);
``(v) certified to the Secretary in writing
that it will be in full compliance with the
requirements of this section on or before the
date provided in an alternative schedule and
sequence, subject to approval by the Secretary;
``(vi) in the case of a Class I railroad
carrier and Amtrak, implemented a positive
train control system or initiated revenue
service demonstration on the majority of
territories, such as subdivisions or districts,
or route miles that are owned or controlled by
such carrier and required to have operations
governed by a positive train control system;
and
``(vii) in the case of any other railroad
carrier or other entity not subject to clause
(vi)--
``(I) initiated revenue service
demonstration on at least 1 territory
that is required to have operations
governed by a positive train control
system; or
``(II) met any other criteria
established by the Secretary.
``(C) Decision.--
``(i) In general.--Not later than 90 days
after the receipt of the notification from a
railroad carrier or other entity under
subparagraph (A), the Secretary shall--
``(I) approve an alternative schedule
and sequence submitted pursuant to
paragraph (2)(B) if the railroad
carrier or other entity meets the
criteria in subparagraph (B); and
``(II) notify in writing the railroad
carrier or other entity of the
decision.
``(ii) Deficiencies.--Not later than 45 days
after the receipt of the notification under
subparagraph (A), the Secretary shall provide
to the railroad carrier or other entity a
written notification of any deficiencies that
would prevent approval under clause (i) and
provide the railroad carrier or other entity an
opportunity to correct deficiencies before the
date specified in such clause.
``(D) Revised deadlines.--
``(i) Pending reviews.--For a railroad
carrier or other entity that submits a
notification under subparagraph (A), the
deadline for implementation of a positive train
control system required under paragraph (1)
shall be extended until the date on which the
Secretary approves or disapproves the
alternative schedule and sequence, if such date
is later than the implementation date under
paragraph (1).
``(ii) Alternative schedule and sequence
deadline.--If the Secretary approves a railroad
carrier or other entity's alternative schedule
and sequence under subparagraph (C)(i), the
railroad carrier or other entity's deadline for
implementation of a positive train control
system required under paragraph (1) shall be
the date specified in that railroad carrier or
other entity's alternative schedule and
sequence. The Secretary may not approve a date
for implementation that is later than 24 months
from the deadline in paragraph (1).'';
(3) by striking subsections (c), (d), and (e) and inserting
the following:
``(c) Progress Reports and Review.--
``(1) Progress reports.--Each railroad carrier or other
entity subject to subsection (a) shall, not later than March
31, 2016, and annually thereafter until such carrier or entity
has completed implementation of a positive train control
system, submit to the Secretary a report on the progress toward
implementing such systems, including--
``(A) the information on spectrum acquisition
provided pursuant to subsection (a)(2)(A)(iii)(I);
``(B) the totals provided pursuant to subclauses
(III) and (V) of subsection (a)(2)(A)(iii), by
territory, if applicable;
``(C) the extent to which the railroad carrier or
other entity is complying with the implementation
schedule under subsection (a)(2)(A)(iii)(VII) or
subsection (a)(2)(B);
``(D) any update to the information provided under
subsection (a)(2)(A)(iii)(VI);
``(E) for each entity providing regularly scheduled
intercity or commuter rail passenger transportation, a
description of the resources identified and allocated
to implement a positive train control system;
``(F) for each railroad carrier or other entity
subject to subsection (a), the total number of route
miles on which a positive train control system has been
initiated for revenue service demonstration or
implemented, as compared to the total number of route
miles required to have a positive train control system
under subsection (a); and
``(G) any other information requested by the
Secretary.
``(2) Plan review.--The Secretary shall at least annually
conduct reviews to ensure that railroad carriers or other
entities are complying with the revised plan submitted under
subsection (a), including any amendments or any alternative
schedule and sequence approved by the Secretary. Such railroad
carriers or other entities shall provide such information as
the Secretary determines necessary to adequately conduct such
reviews.
``(3) Public availability.--Not later than 60 days after
receipt, the Secretary shall make available to the public on
the Internet Web site of the Department of Transportation any
report submitted pursuant to paragraph (1) or subsection (d),
but may exclude, as the Secretary determines appropriate--
``(A) proprietary information; and
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations.
``(d) Report to Congress.--Not later than July 1, 2018, 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 on the progress of each
railroad carrier or other entity subject to subsection (a) in
implementing a positive train control system.
``(e) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for--
``(1) a violation of this section;
``(2) the failure to submit or comply with the revised plan
required under subsection (a), including the failure to comply
with the totals provided pursuant to subclauses (III) and (V)
of subsection (a)(2)(A)(iii) and the spectrum acquisition dates
provided pursuant to subsection (a)(2)(A)(iii)(I);
``(3) failure to comply with any amendments to such revised
plan pursuant to subsection (a)(2)(C); and
``(4) the failure to comply with an alternative schedule and
sequence submitted under subsection (a)(2)(B) and approved by
the Secretary under subsection (a)(3)(C).'';
(4) in subsection (h)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Provisional operation.--Notwithstanding the
requirements of paragraph (1), the Secretary may authorize a
railroad carrier or other entity to commence operation in
revenue service of a positive train control system or component
to the extent necessary to enable the safe implementation and
operation of a positive train control system in phases.'';
(5) in subsection (i)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively; and
(B) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) Equivalent or greater level of safety.--The term
`equivalent or greater level of safety' means the compliance of
a railroad carrier with--
``(A) appropriate operating rules in place
immediately prior to the use or implementation of such
carrier's positive train control system, except that
such rules may be changed by such carrier to improve
safe operations; and
``(B) all applicable safety regulations, except as
specified in subsection (j).
``(2) Hardware.--The term `hardware' means a locomotive
apparatus, a wayside interface unit (including any associated
legacy signal system replacements), switch position monitors
needed for a positive train control system, physical back
office system equipment, a base station radio, a wayside radio,
a locomotive radio, or a communication tower or pole.''; and
(6) by adding at the end the following:
``(j) Early Adoption.--
``(1) Operations.--From the date of enactment of the Positive
Train Control Enforcement and Implementation Act of 2015
through the 1-year period beginning on the date on which the
last Class I railroad carrier's positive train control system
subject to subsection (a) is certified by the Secretary under
subsection (h)(1) of this section and is implemented on all of
that railroad carrier's lines required to have operations
governed by a positive train control system, any railroad
carrier, including any railroad carrier that has its positive
train control system certified by the Secretary, shall not be
subject to the operational restrictions set forth in sections
236.567 and 236.1029 of title 49, Code of Federal Regulations,
that would apply where a controlling locomotive that is
operating in, or is to be operated in, a positive train
control-equipped track segment experiences a positive train
control system failure, a positive train control operated
consist is not provided by another railroad carrier when
provided in interchange, or a positive train control system
otherwise fails to initialize, cuts out, or malfunctions,
provided that such carrier operates at an equivalent or greater
level of safety than the level achieved immediately prior to
the use or implementation of its positive train control system.
``(2) Safety assurance.--During the period described in
paragraph (1), if a positive train control system that has been
certified and implemented fails to initialize, cuts out, or
malfunctions, the affected railroad carrier or other entity
shall make reasonable efforts to determine the cause of the
failure and adjust, repair, or replace any faulty component
causing the system failure in a timely manner.
``(3) Plans.--The positive train control safety plan for each
railroad carrier or other entity shall describe the safety
measures, such as operating rules and actions to comply with
applicable safety regulations, that will be put in place during
any system failure.
``(4) Notification.--During the period described in paragraph
(1), if a positive train control system that has been certified
and implemented fails to initialize, cuts out, or malfunctions,
the affected railroad carrier or other entity shall submit a
notification to the appropriate regional office of the Federal
Railroad Administration within 7 days of the system failure, or
under alternative location and deadline requirements set by the
Secretary, and include in the notification a description of the
safety measures the affected railroad carrier or other entity
has in place.
``(k) Small Railroads.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall amend section
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations
(relating to equipping locomotives for applicable Class II and Class
III railroads operating in positive train control territory) to extend
each deadline under such section by 3 years.
``(l) Revenue Service Demonstration.--When a railroad carrier or
other entity subject to (a)(1) notifies the Secretary it is prepared to
initiate revenue service demonstration, it shall also notify any
applicable tenant railroad carrier or other entity subject to
subsection (a)(1).''.
(c) Conforming Amendment.--Section 20157(g), 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) Conforming regulatory amendments.--Immediately after
the date of the enactment of the Positive Train Control
Enforcement and Implementation Act of 2015, the Secretary--
``(A) shall remove or revise the date-specific
deadlines in the regulations or orders implementing
this section to the extent necessary to conform with
the amendments made by such Act; and
``(B) may not enforce any such date-specific
deadlines or requirements that are inconsistent with
the amendments made by such Act.
``(3) Review.--Nothing in the Positive Train Control
Enforcement and Implementation Act of 2015, or the amendments
made by such Act, shall be construed to require the Secretary
to issue regulations to implement such Act or amendments other
than the regulatory amendments required by paragraph (2) and
subsection (k).''.
SEC. 7015. 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 railroad tank cars used to
transport Class 3 flammable liquids shall meet the DOT-117 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 or
DOT-117R specifications on the date of 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 or DOT-117R specifications by the
deadlines set forth in such paragraphs.
(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 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.
TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.
(a) In General.--Subtitle IX of title 49, United States Code, is
amended to read as follows:
``Subtitle IX--Multimodal Freight Transportation
``Chapter Sec.
``701. Multimodal freight policy............................ 70101
``702. Multimodal freight transportation planning and 70201
information.
``CHAPTER 701--MULTIMODAL FREIGHT POLICY
``Sec.
``70101. National multimodal freight policy.
``70102. National freight strategic plan.
``70103. National Multimodal Freight Network.
``Sec. 70101. National multimodal freight policy
``(a) In General.--It is the policy of the United States to maintain
and improve the condition and performance of the National Multimodal
Freight Network established under section 70103 to ensure that the
Network provides a foundation for the United States to compete in the
global economy and achieve the goals described in subsection (b).
``(b) Goals.--The goals of the national multimodal freight policy
are--
``(1) to identify infrastructure improvements, policies, and
operational innovations that--
``(A) strengthen the contribution of the National
Multimodal Freight Network to the economic
competitiveness of the United States;
``(B) reduce congestion and eliminate bottlenecks on
the National Multimodal Freight Network; and
``(C) increase productivity, particularly for
domestic industries and businesses that create high-
value jobs;
``(2) to improve the safety, security, efficiency, and
resiliency of multimodal freight transportation;
``(3) to achieve and maintain a state of good repair on the
National Multimodal Freight Network;
``(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National
Multimodal Freight Network;
``(5) to improve the economic efficiency of the National
Multimodal Freight Network;
``(6) 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;
``(7) to improve the flexibility of States to support multi-
State corridor planning and the creation of multi-State
organizations to increase the ability of States to address
multimodal freight connectivity; and
``(8) to reduce the adverse environmental impacts of freight
movement on the National Multimodal Freight Network.
``Sec. 70102. National freight strategic plan
``(a) In General.--Not later than 2 years after the date of enactment
of this section, the Secretary of Transportation shall--
``(1) develop a national freight strategic plan in accordance
with this section; and
``(2) publish the plan on the public Internet Web site of the
Department of Transportation.
``(b) Contents.--The national freight strategic plan shall include--
``(1) an assessment of the condition and performance of the
National Multimodal Freight Network;
``(2) forecasts of freight volumes for the succeeding 5-, 10-
, and 20-year periods;
``(3) an identification of major trade gateways and national
freight corridors that connect major population centers, trade
gateways, and other major freight generators;
``(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant freight
congestion, based on a quantitative methodology developed by
the Secretary, which shall, at a minimum, include--
``(A) information from the Freight Analysis Framework
of the Federal Highway Administration; and
``(B) to the maximum extent practicable, an estimate
of the cost of addressing each bottleneck and any
operational improvements that could be implemented;
``(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved
freight transportation performance, and a description of
opportunities for overcoming the barriers;
``(6) an identification of best practices for improving the
performance of the National Multimodal Freight Network;
``(7) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
``(8) strategies to improve freight intermodal connectivity.
``(c) Updates.--Not later than 5 years after the date of completion
of the national freight strategic plan under subsection (a), and every
5 years thereafter, the Secretary shall update the plan and publish the
updated plan on the public Internet Web site of the Department of
Transportation.
``(d) Consultation.--The Secretary shall develop and update the
national freight strategic plan in consultation with State departments
of transportation, metropolitan planning organizations, and other
appropriate public and private transportation stakeholders.
``Sec. 70103. National Multimodal Freight Network
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary of Transportation shall
establish the National Multimodal Freight Network in accordance with
this section--
``(1) to focus Federal policy on the most strategic freight
assets; and
``(2) to assist in strategically directing resources and
policies toward improved performance of the National Multimodal
Freight Network.
``(b) Network Components.--The National Multimodal Freight Network
shall include--
``(1) the National Highway Freight Network, as established
under section 167 of title 23;
``(2) the freight rail systems of Class I railroads, as
designated by the Surface Transportation Board;
``(3) the public ports of the United States that have total
annual foreign and domestic trade of at least 2,000,000 short
tons, as identified by the Waterborne Commerce Statistics
Center of the Army Corps of Engineers, using the data from the
latest year for which such data is available;
``(4) the inland and intracoastal waterways of the United
States, as described in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804);
``(5) the Great Lakes, the St. Lawrence Seaway, and coastal
routes along which domestic freight is transported;
``(6) the 50 airports located in the United States with the
highest annual landed weight, as identified by the Federal
Aviation Administration; and
``(7) other strategic freight assets, including strategic
intermodal facilities and freight rail lines of Class II and
Class III railroads, designated by the Secretary as critical to
interstate commerce.
``(c) Other Strategic Freight Assets.--In determining network
components in subsection (b), the Secretary may consider strategic
freight assets identified by States, including public ports if such
ports do not meet the annual tonnage threshold, for inclusion on the
National Multimodal Freight Network.
``(d) Redesignation.--Not later than 5 years after the date of
establishment of the National Multimodal Freight Network under
subsection (a), and every 5 years thereafter, the Secretary shall
update the National Multimodal Freight Network.
``(e) Consultation.--The Secretary shall establish and update the
National Multimodal Freight Network in consultation with State
departments of transportation and other appropriate public and private
transportation stakeholders.
``(f) Landed Weight Defined.--In this section, the term `landed
weight' means the weight of an aircraft transporting only cargo in
intrastate, interstate, or foreign air transportation, as such terms
are defined in section 40102(a).
``CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND
INFORMATION
``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Data and tools.
``Sec. 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. State freight plans
``(a) In General.--Each State shall develop a freight plan that
provides a comprehensive plan for the immediate and long-range planning
activities and investments of the State with respect to freight.
``(b) Plan Contents.--A freight plan described in subsection (a)
shall include, at a minimum--
``(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
``(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
``(3) a description of how the plan will improve the ability
of the State to meet the national freight goals described in
section 70101;
``(4) evidence of consideration of innovative technologies
and operational strategies, including intelligent
transportation systems, that improve the safety and efficiency
of freight movement;
``(5) in the case of routes on which travel by heavy vehicles
(including mining, agricultural, energy cargo or equipment, and
timber vehicles) is projected to substantially deteriorate the
condition of roadways, a description of improvements that may
be required to reduce or impede the deterioration; and
``(6) an inventory of facilities with freight mobility
issues, such as truck bottlenecks, within the State, and a
description of the strategies the State is employing to address
those freight mobility issues.
``(c) Relationship to State Plans.--
``(1) In general.--A freight plan described in subsection (a)
may be developed separately from or incorporated into the
statewide transportation plans required by section 135 of title
23.
``(2) Updates.--If the freight plan described in subsection
(a) is developed separately from the State transportation
improvement program, the freight plan shall be updated at least
every 5 years.
``Sec. 70203. Data and tools
``(a) In General.--Not later than 1 year after the date of enactment
of this section, the Secretary shall--
``(1) begin development of new tools or improve existing
tools to support an outcome-oriented, performance-based
approach to evaluate proposed freight-related and other
transportation projects, including--
``(A) methodologies for systematic analysis of
benefits and costs;
``(B) tools for ensuring that the evaluation of
freight-related and other transportation projects may
consider safety, economic competitiveness,
environmental sustainability, and system condition in
the project selection process; and
``(C) other elements to assist in effective
transportation planning;
``(2) identify transportation-related freight travel models
and model data elements to support a broad range of evaluation
methods and techniques to assist in making transportation
investment decisions; and
``(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing freight
flow data collection efforts, including improved methods to
standardize and manage the data, that could reduce identified
freight data gaps and deficiencies and help improve forecasts
of freight transportation demand.
``(b) Consultation.--The Secretary shall consult with Federal, State,
and other stakeholders to develop, improve, and implement the tools and
collect the data described in subsection (a).''.
(b) Clerical Amendment.--The analysis of subtitles for title 49,
United States Code, is amended by striking the item relating to
subtitle IX and inserting the following:
``IX. Multimodal Freight Transportation..................... 70101''.
(c) Repeals.--Sections 1117 and 1118 of MAP-21 (Public Law 112-141),
and the items relating to such sections in the table of contents in
section 1(c) of such Act, are repealed.
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. National Surface Transportation and Innovative Finance
Bureau
``(a) Establishment.--The Secretary of Transportation shall establish
a National Surface Transportation and Innovative Finance Bureau in the
Department.
``(b) Purposes.--The purposes of the Bureau shall be--
``(1) to administer the application processes for programs
within the Department in accordance with subsection (d);
``(2) to promote innovative financing best practices in
accordance with subsection (e);
``(3) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with
subsection (f);
``(4) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection (g); and
``(5) to carry out subtitle IX of this title.
``(c) Executive Director.--
``(1) Appointment.--The Bureau shall be headed by an
Executive Director, who shall be appointed in the competitive
service by the Secretary, with the approval of the President.
``(2) Duties.--The Executive Director shall--
``(A) report to the Under Secretary of Transportation
for Policy;
``(B) be responsible for the management and oversight
of the daily activities, decisions, operations, and
personnel of the Bureau;
``(C) support the Council on Credit and Finance
established under section 117 in accordance with this
section; and
``(D) carry out such additional duties as the
Secretary may prescribe.
``(d) Administration of Certain Application Processes.--
``(1) In general.--The Bureau shall administer the
application processes for the following programs:
``(A) The infrastructure finance programs authorized
under chapter 6 of title 23.
``(B) The railroad rehabilitation and improvement
financing program authorized under sections 501 through
503 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821-823).
``(C) Amount allocations authorized under section
142(m) of the Internal Revenue Code of 1986.
``(D) The nationally significant freight and highway
projects program under section 117 of title 23.
``(2) Congressional notification.--The Secretary shall ensure
that the congressional notification requirements for each
program referred to in paragraph (1) are followed in accordance
with the statutory provisions applicable to the program.
``(3) Reports.--The Secretary shall ensure that the reporting
requirements for each program referred to in paragraph (1) are
followed in accordance with the statutory provisions applicable
to the program.
``(4) Coordination.--In administering the application
processes for the programs referred to in paragraph (1), the
Executive Director of the Bureau shall coordinate with
appropriate officials in the Department and its modal
administrations responsible for administering such programs.
``(5) Streamlining approval processes.--Not later than 1 year
after the date of enactment of this section, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on Environment and Public Works of the Senate a
report that--
``(A) evaluates the application processes for the
programs referred to in paragraph (1);
``(B) identifies administrative and legislative
actions that would improve the efficiency of the
application processes without diminishing Federal
oversight; and
``(C) describes how the Secretary will implement
administrative actions identified under subparagraph
(B) that do not require an Act of Congress.
``(6) Procedures and transparency.--
``(A) Procedures.--The Secretary shall, with respect
to the programs referred to in paragraph (1)--
``(i) establish procedures for analyzing and
evaluating applications and for utilizing the
recommendations of the Council on Credit and
Finance;
``(ii) establish procedures for addressing
late-arriving applications, as applicable, and
communicating the Bureau's decisions for
accepting or rejecting late applications to the
applicant and the public; and
``(iii) document major decisions in the
application evaluation process through a
decision memorandum or similar mechanism that
provides a clear rationale for such decisions.
``(B) Review.--
``(i) In general.--The Comptroller General of
the United States shall review the compliance
of the Secretary with the requirements of this
paragraph.
``(ii) Recommendations.--The Comptroller
General may make recommendations to the
Secretary in order to improve compliance with
the requirements of this paragraph.
``(iii) Report.--Not later than 3 years after
the date of enactment of this section, the
Comptroller General shall submit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works and
the Committee on Commerce, Science, and
Transportation of the Senate a report on the
results of the review conducted under clause
(i), including findings and recommendations for
improvement.
``(e) Innovative Financing Best Practices.--
``(1) In general.--The Bureau shall work with the modal
administrations within the Department, the States, and other
public and private interests to develop and promote best
practices for innovative financing and public-private
partnerships.
``(2) Activities.--The Bureau shall carry out paragraph (1)--
``(A) by making Federal credit assistance programs
more accessible to eligible recipients;
``(B) by providing advice and expertise to State and
local governments that seek to leverage public and
private funding;
``(C) by sharing innovative financing best practices
and case studies from State and local governments with
other State and local governments that are interested
in utilizing innovative financing methods; and
``(D) by developing and monitoring--
``(i) best practices with respect to
standardized State public-private partnership
authorities and practices, including best
practices related to--
``(I) accurate and reliable
assumptions for analyzing public-
private partnership procurements;
``(II) procedures for the handling of
unsolicited bids;
``(III) policies with respect to
noncompete clauses; and
``(IV) other significant terms of
public-private partnership
procurements, as determined appropriate
by the Bureau;
``(ii) standard contracts for the most common
types of public-private partnerships for
transportation facilities; and
``(iii) analytical tools and other techniques
to aid State and local governments in
determining the appropriate project delivery
model, including a value for money analysis.
``(3) Transparency.--The Bureau shall--
``(A) ensure transparency of a project receiving
credit assistance under a program identified in
subsection (d)(1) and procured as a public-private
partnership by--
``(i) requiring the project sponsor of such
project to undergo a value for money analysis
or a comparable analysis prior to deciding to
advance the project as a public-private
partnership;
``(ii) requiring the analysis required under
subparagraph (A) and other key terms of the
relevant public-private partnership agreement,
to be made publicly available by the project
sponsor at an appropriate time;
``(iii) not later than 3 years after the
completion of the project, requiring the
project sponsor of such project to conduct a
review regarding whether the private partner is
meeting the terms of the relevant public
private partnership agreement for the project;
and
``(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 projects sponsors.--At the request of a
State or local government, the Bureau shall provide technical
assistance to the State or local government regarding proposed
public-private partnership agreements for transportation
facilities, including assistance in performing a value for
money analysis or comparable analysis.
``(5) Fixed guideway transit procedures report.--Not later
than 1 year after the date of enactment of this section, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a report that--
``(A) evaluates the differences between traditional
design-bid-build, design-build, and public-private
partnership procurements for projects carried out under
the fixed guideway capital investment program
authorized under section 5309;
``(B) identifies, for project procured as public-
private partnerships whether the review and approval
process under the program requires modification to
better suit the unique nature of such procurements; and
``(C) describes how the Secretary will implement any
administrative actions identified under subparagraph
(B) that do not require an Act of Congress.
``(f) Environmental Review and Permitting.--
``(1) In general.--The Bureau shall take such actions as are
appropriate and consistent with the goals and policies set
forth in this title and title 23, including with the
concurrence of other Federal agencies as required under this
title and title 23, to improve delivery timelines for projects.
``(2) Activities.--The Bureau shall carry out paragraph (1)--
``(A) by serving as the Department's liaison to the
Council on Environmental Quality;
``(B) by coordinating Department-wide efforts to
improve the efficiency and effectiveness of the
environmental review and permitting process;
``(C) by coordinating Department efforts under
section 139 of title 23;
``(D) by supporting modernization efforts at Federal
agencies to achieve innovative approaches to the
permitting and review of projects;
``(E) by providing technical assistance and training
to field and headquarters staff of Federal agencies on
policy changes and innovative approaches to the
delivery of projects;
``(F) by identifying, developing, and tracking
metrics for permit reviews and decisions by Federal
agencies for projects under the National Environmental
Policy Act of 1969; and
``(G) by administering and expanding the use of
Internet-based tools providing for--
``(i) the development and posting of
schedules for permit reviews and permit
decisions for projects; and
``(ii) the sharing of best practices related
to efficient permitting and reviews for
projects.
``(3) Support to project sponsors.--At the request of a State
or local government, the Bureau, in coordination with the other
appropriate modal agencies within the Department, shall provide
technical assistance with regard to the compliance of a project
sponsored by the State or local government with the
requirements of the National Environmental Policy Act 1969 and
relevant Federal environmental permits.
``(g) Project Procurement.--
``(1) In general.--The Bureau shall promote best practices in
procurement for a project receiving assistance under a program
identified in subsection (d)(1) by developing, in coordination
with the Federal Highway Administration and other modal
agencies as appropriate, procurement benchmarks in order to
ensure accountable expenditure of Federal assistance over the
life cycle of such project.
``(2) Procurement benchmarks.--The procurement benchmarks
developed under paragraph (1) shall, to the maximum extent
practicable--
``(A) establish maximum thresholds for acceptable
project cost increases and delays in project delivery;
``(B) establish uniform methods for States to measure
cost and delivery changes over the life cycle of a
project; and
``(C) be tailored, as necessary, to various types of
project procurements, including design-bid-build,
design-build, and public private partnerships.
``(h) Elimination and Consolidation of Duplicative Offices.--
``(1) Elimination of offices.--The Secretary may eliminate
any office within the Department if the Secretary determines
that the purposes of the office are duplicative of the purposes
of the Bureau, and the elimination of such office shall not
adversely affect the obligations of the Secretary under any
Federal law.
``(2) Consolidation of offices.--The Secretary may
consolidate any office within the Department into the Bureau
that the Secretary determines has duties, responsibilities,
resources, or expertise that support the purposes of the
Bureau.
``(3) Staffing and budgetary resources.--
``(A) In general.--The Secretary shall ensure that
the Bureau is adequately staffed and funded.
``(B) Staffing.--The Secretary may transfer to the
Bureau a position within the Department from any office
that is eliminated or consolidated under this
subsection if the Secretary determines that the
position is necessary to carry out the purposes of the
Bureau.
``(C) Budgetary resources.--
``(i) Transfer of funds from eliminated or
consolidated offices.--The Secretary may
transfer to the Bureau funds allocated to any
office that is eliminated or consolidated under
this subsection to carry out the purposes of
the Bureau.
``(ii) Transfer of funds allocated to
administrative costs.--The Secretary shall
transfer to the Bureau funds allocated to the
administrative costs of processing applications
for the programs referred to in subsection
(d)(1).
``(4) Report.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
``(A) lists the offices eliminated under paragraph
(1) and provides the rationale for elimination of the
offices;
``(B) lists the offices consolidated under paragraph
(2) and provides the rationale for consolidation of the
offices; and
``(C) describes the actions taken under paragraph (3)
and provides the rationale for taking such actions.
``(i) Savings Provisions.--
``(1) Laws and regulations.--Nothing in this section may be
construed to change a law or regulation with respect to a
program referred to in subsection (d)(1).
``(2) Responsibilities.--Nothing in this section may be
construed to abrogate the responsibilities of an agency,
operating administration, or office within the Department
otherwise charged by a law or regulation with other aspects of
program administration, oversight, and project approval or
implementation for the programs and projects subject to this
section.
``(j) Definitions.--In this section, the following definitions apply:
``(1) Bureau.--The term `Bureau' means the National Surface
Transportation and Innovative Finance Bureau of the Department.
``(2) Department.--The term `Department' means the Department
of Transportation.
``(3) Multimodal project.--The term `multimodal project'
means a project involving the participation of more than one
modal administration or secretarial office within the
Department.
``(4) Project.--The term `project' means a highway project,
public transportation capital project, freight or passenger
rail project, or multimodal project.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``116. National Surface Transportation and Innovative Finance
Bureau.''.
SEC. 9002. COUNCIL ON CREDIT AND FINANCE.
(a) In General.--Chapter 1 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 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 Under Secretary of Transportation for
Policy.
``(B) The Chief Financial Officer and Assistant
Secretary for Budget and Programs.
``(C) The General Counsel of the Department of
Transportation.
``(D) The Assistant Secretary for Transportation
Policy.
``(E) The Administrator of the Federal Highway
Administration.
``(F) The Administrator of the Federal Transit
Administration.
``(G) 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 Under Secretary of
Transportation for Policy 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 section 116(d)(1);
``(2) make recommendations to the Secretary regarding the
selection of projects to receive assistance under the programs
referred to in section 116(d)(1);
``(3) review, on a regular basis, projects that received
assistance under the programs referred to in section 116(d)(1);
and
``(4) carry out such additional duties as the Secretary may
prescribe.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``117. Council on Credit and Finance.''.
TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
SEC. 10001. ALLOCATIONS.
(a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent''
and inserting ``58.012 percent''.
(b) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``For each'' and all that
follows through ``the balance'' and inserting
``For each fiscal year through fiscal year
2021, the balance''; and
(ii) by striking ``multistate conservation
grants under section 14'' and inserting
``activities under section 14(e)'';
(B) in paragraph (1), by striking ``18.5'' percent
and inserting ``18.673 percent'';
(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, $7,800,000;
``(ii) for fiscal year 2017, $7,900,000;
``(iii) for fiscal year 2018, $8,000,000;
``(iv) for fiscal year 2019, $8,100,000;
``(v) for fiscal year 2020, $8,200,000; and
``(vi) for fiscal year 2021, $8,300,000.'';
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,'';
(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) 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:
``(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 $2,000,000 is available to ensure
compliance with chapter 43 of this title; and
``(ii) not more than $1,500,000 is available to conduct 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''.
Purpose of Legislation
H.R. 3763, the Surface Transportation Reauthorization and
Reform Act of 2015 (STRR Act), as amended, authorizes federal
surface transportation programs through fiscal year (FY) 2021.
The bill makes reforms to laws governing highway project
funding and construction, transit, highway safety, the
operations of motor carriers, transportation research, and
hazardous materials transportation.
Background and Need for Legislation
The Moving Ahead for Progress in the 21st Century Act (MAP-
21) (P.L. 112-141) was enacted in July 2012 and reauthorized
federal surface transportation programs through September 30,
2014. Since that time, four extensions have been enacted to
continue program authorizations. The latest extension, the
Surface Transportation Extension Act of 2015, will expire on
November 20, 2015. The STRR Act provides the long-term
stability that is needed in order for states to plan major
transportation projects.
IMPROVING OUR INFRASTRUCTURE
The surface transportation system represents our most
immediate and accessible link to our Nation's vast
transportation network. Our surface transportation
infrastructure supports our national security, ensures our
global competitiveness, and facilitates economic growth. As we
invest in new transportation projects, we must also continue to
invest in existing structures so we can remain competitive in
the global marketplace.
During the last two centuries, improvements in our surface
transportation system helped build the United States into a
great nation. Our surface transportation infrastructure became
second to none. Today, reports of deteriorating bridges,
crumbling highways, and breakdowns on transit systems serve as
reminders that when this infrastructure is taken for granted,
it increases risks to the system's safety and our economy. The
United States now ranks 16th in the world in terms of
infrastructure quality, and 15th in percentage of Gross
Domestic Product devoted to infrastructure investment.
The STRR Act improves our surface transportation
infrastructure by making necessary reforms to programs,
refocusing on our national priorities, and focusing on
innovation.
REFORM
Building transportation projects requires state and local
governments to meet complex legal, technical, and analytical
requirements. Currently, it can take up to 14 years for a
transportation project to be completed using federal funds.
Time is money, and any unnecessary barrier or delay during the
process can have a significant impact on the number and quality
of improvements, particularly when funding for our Nation's
infrastructure is limited.
The STRR Act reforms surface transportation programs to
accelerate project delivery, promote innovative financing, and
provide greater flexibility to states and local governments to
better address their priorities and needs.
REFOCUSING ON OUR NATIONAL PRIORITIES
One of the fundamental responsibilities of government is
promoting interstate commerce. This duty is critical to the
economy. A strong national surface transportation system
enhances the flow of commerce from coast to coast, as well as
beyond our borders. It also increases the ability of American
businesses to prosper, create jobs, and compete in a global
marketplace.
The STRR Act refocuses federal transportation programs on
national priorities. The bill redirects existing funds into a
new program, the Nationally Significant Freight and Highway
Projects program, to focus on large-scale projects of national
or regional importance. This new program ensures that the best
projects are awarded funding by establishing a competitive
grant process with congressional oversight. Further, this
program provides dedicated funding for freight projects for the
first time.
INNOVATION
Technology plays an important and growing role in our
Nation's transportation systems. Our Nation's surface
transportation system must be capable of benefiting from
innovation and new transportation technologies.
Innovation is increasingly important to how we live our
lives, how we get from place to place, and how we build our
infrastructure. Taking advantage of existing and future
transportation technologies is another means of judiciously
utilizing limited funding. Connected vehicles, smart
infrastructure, and autonomous vehicles are a few examples of
the future of transportation. We cannot afford to stifle or
overregulate innovations that can make our surface
transportation system safer and more efficient. For example, 93
percent of highway crashes are attributable to driver control
error. If advances in technology can reduce instances of driver
error, we can also reduce the approximately 32,000 traffic
fatalities each year.
The STRR Act promotes private investment in our surface
transportation system. By collaborating with the private
sector, each taxpayer dollar is stretched further for a better
and more effective investment. Accelerating the introduction of
new transportation technologies and promoting the deployment of
such technologies will improve safety for drivers and
pedestrians. The bill also focuses on updating federal research
and transportation standards development to reflect the growth
of technology used in transportation.
FEDERAL HIGHWAY PROGRAM
The Federal-Aid Highway Program is a federally-funded,
state administered program. While the Federal Highway
Administration (FHWA) oversees the program, the states
determine how, where, and on what projects to use their federal
highway funding. The STRR Act reauthorizes the program through
FY 2021 and includes several reforms to maximize funding for
national priorities, improve project delivery, increase
flexibility for state and local governments, and improve
transparency.
Maximizes funding for national priorities
The bill refocuses existing funding to create a Nationally
Significant Freight and Highway Projects program funded at $4.5
billion for fiscal years 2016 through 2021 for large-scale
projects of national or regional importance. It also expands
funding available to address deficient bridges off the National
Highway System (NHS).
Improves project delivery
The bill accelerates the environmental review and
permitting process by promoting increased and early
coordination among federal, state, and local agencies,
consolidating the approval process, and establishing a pilot
program to allow up to five states to apply state laws and
regulations if they are substantially equivalent to National
Environmental Policy Act (NEPA).
Increases flexibility
The bill converts the Surface Transportation Program (STP)
to a block grant program, the Surface Transportation Block
Grant Program (STBGP), maximizing flexibility for states and
local governments. It also rolls the Transportation
Alternatives Program into STBGP and increases the amount that
certain local governments can flex out of the program to spend
on other highway priorities. It increases the amount of STBGP
funding that is distributed to local governments from 50
percent to 55 percent over the life of the bill. Finally, it
removes a requirement for states to collect superfluous data on
unpaved and gravel roads.
Improves transparency
The bill requires FHWA to provide project-level information
to Congress and the public.
FEDERAL TRANSIT PROGRAMS
Public transportation enhances mobility for many
individuals, whether they come from a rural or urban setting.
The STRR Act reauthorizes federal transit programs through FY
2021 and includes provisions to reform Federal Transit
Administration (FTA) programs, increase flexibility, expand
mobility, improve safety, and promote accountability.
Increases flexibility
The bill improves flexibility for local transit authorities
by reducing federal mandates on transit enhancement activities
and cost shares for bicycle related projects. It also allows
transit authorities to use federal funds to meet their state of
good repair needs. Finally, the bill includes provisions to
make capital purchases more cost effective.
Expands mobility
The bill provides for the coordination of public
transportation services with other federally assisted local
transportation services to aid in the mobility of seniors and
individuals with disabilities. It also allows states to partner
with intercity bus providers to support greater rural mobility.
Improves safety
The bill strengthens safety by requiring the Secretary of
Transportation (Secretary) to review existing minimum safety
standards in public transportation, determine where gaps or
conflicts between regulations exist, and work with the public
and stakeholders to address them. The Secretary is authorized
to withhold funds from the Public Transportation Safety Program
when recipients are determined to be non-compliant with minimum
safety standards.
Promotes accountability
The bill consolidates research programs conducted by FTA to
increase government accountability and transparency. Annual
reports on research must be accessible to the public. To
improve the transparency and accountability of transit grants,
transit authorities are required to include project elements in
the project's cost-effectiveness calculation.
HIGHWAY SAFETY
In 2013, 32,719 fatalities occurred on our Nation's
highways, according to the National Highway Traffic Safety
Administration (NHTSA). More can be done to reduce the number
of accidents and improve safety. The STRR Act reauthorizes
highway safety programs through FY 2021 and makes several
reforms to existing law to help keep drivers, pedestrians, and
our roads safe.
Prioritizes emerging safety needs
The bill enables states to spend more funds on the pressing
safety needs unique to their state by increasing the percentage
of National Priority Safety Program funds that can be flexed to
each state's traditional safety program. The bill also requires
the Secretary to study the feasibility of establishing an
impairment standard for drivers under the influence of
marijuana and provide recommendations on how to implement such
a standard.
Improves safety
The bill reforms the Impaired Driving Countermeasures,
Distracted Driving, and State Graduated Driver License
Incentive programs to reduce barriers to state eligibility and
improve incentives for states to adopt laws and regulations to
improve highway safety. The bill encourages states to adopt
programs to increase driver awareness of commercial motor
vehicles. Finally, the bill encourages states to adopt safety
awareness programs for pedestrians and bicyclists.
MOTOR CARRIERS
The operations of trucks and intercity buses are critical
to our economy. In 2012, 70 percent of all freight in the
United States--over 13 billion tons valued at more than $12
trillion--was moved by truck. In the same year, the motor coach
industry provided approximately 637 million trips to
passengers, transporting them a total of 75.7 billion miles. To
continue to grow the economy, it is important to ensure these
industries can continue to safely move freight and passengers
in interstate commerce. The STRR Act reauthorizes the programs
of the Federal Motor Carrier Safety Administration (FMCSA)
through FY 2021 and includes several reforms to improve truck
and bus safety.
Improves safety
The bill incentivizes the adoption of innovative truck and
bus safety technologies and accelerates the implementation of
safety regulations required by law. The bill also authorizes
new testing methods to detect the use of drugs and alcohol by
commercial motor vehicle drivers.
Reduces regulatory burdens
The bill reforms the regulatory process by requiring FMCSA
to review regulations every five years to ensure they are
current, consistent, and uniformly enforced. The bill also
consolidates nine existing FMCSA grant programs into four and
streamlines program requirements to reduce administrative costs
and regulatory burdens on states.
Provides opportunities for veterans
The bill awards grant priority to programs that train
veterans for careers in the trucking industry and reduces
regulatory barriers faced by veterans seeking employment as
commercial truck and bus drivers.
HAZARDOUS MATERIALS TRANSPORTATION
The Pipelines and Hazardous Materials Safety Administration
(PHMSA) oversees the safe and secure shipment of nearly 1.4
million daily movements of hazardous materials, including
everyday products, such as paints, fuels, fertilizers, alcohol,
chlorine, fireworks, and batteries that are essential items to
the general public and local economies due to their use in the
American economy. In total, almost 4 billion tons of hazardous
materials are moved safely throughout the Nation each year.
However, this does not mean we cannot improve on an already
safe industry. The bill strengthens and advances the safe and
efficient movement of hazardous materials through a number of
reforms and safety improvements.
Enhances emergency preparedness and response
The bill reforms an underutilized grant program to get more
money to states and Indian tribes for emergency response, while
also granting states more power to decide how to spend their
training and planning funds. It helps better leverage training
funding for hazardous materials employees and those enforcing
hazardous materials regulations. Additionally, it will require
all Class I Railroads to provide information to State Emergency
Response Commissions (SERCs) regarding the movement of certain
flammable materials.
Strengthens and improves crude-by-rail
The bill enhances safety by requiring new tank cars to be
equipped with ``thermal blankets'', requiring each railroad
carrier transporting certain flammable liquids to maintain a
comprehensive oil spill response plan and provide certain
information about flammable liquid shipments to SERCs, and
initiates real-world testing and a data-driven approach to
investigate braking technology requirements for crude
movements. Finally, it ensures all DOT-111 and CPC-1232 tank
cars in flammable liquids service are upgraded to new retrofit
standards regardless of the product being transported.
Streamlines processes and creates certainty and transparency for
industry
The bill extends the deadline for positive train control
technology to ensure a safe and efficient implementation for
America's rail passengers, commuters, and freight railroads.
Additionally, it speeds up the administrative process and
reduces red tape to create certainty for the hazardous
materials industry with special permits and approvals. The bill
requires a full review of third-party classification labs to
ensure the labs can perform such examinations in a manner that
meets the hazardous materials regulations. Furthermore, it
allows PHMSA to respond more nimbly during national
emergencies. Finally, it requires PHMSA to withdraw a
rulemaking on ``wetlines'' consistent with a Government
Accountability Office (GAO) study recommending that PHMSA
collect more data.
Hearings
On February 11, 2015, the Committee on Transportation and
Infrastructure held a hearing to receive testimony from the
Secretary of Transportation regarding the Administration's
perspective on a reauthorization of federal surface
transportation programs. On March 17, 2015, the Committee held
a hearing to gather input from representatives of state and
local governments concerning a reauthorization of federal
surface transportation programs. On April 14, 2015, the
Subcommittee on Railroads, Pipelines, and Hazardous Materials
held a hearing to examine ongoing rail, pipeline, and hazardous
materials rulemakings. On April 29, 2015, the Subcommittee on
Highways and Transit held a hearing to examine the safety of
commercial motor vehicles. On June 24, 2015, the Subcommittee
on Highways and Transit held a hearing to examine rural
transportation needs. On June 24, 2015, the Subcommittee on
Railroads, Pipelines, and Hazardous Materials held a hearing on
the state of positive train control implementation in the
United States.
Legislative History and Consideration
On October 20, 2015, Committee on Transportation and
Infrastructure Committee Chairman Bill Shuster and Ranking
Member Peter DeFazio, and Subcommittee on Highways and Transit
Chairman Sam Graves and Ranking Member Eleanor Holmes Norton
introduced H.R. 3763, the Surface Transportation
Reauthorization and Reform Act of 2015. On October 22, 2015,
the Committee met in open session to consider H.R. 3763, and
ordered the bill, as amended, reported favorably to the House
of Representatives by voice vote with a quorum present.
During consideration of the bill, the Committee dispensed
with amendments as follows:
The following amendments were approved by voice vote:
A Manager's amendment offered by Chairman Shuster
designated 045;
Amendments considered en bloc and consisting of an
amendment by Representative LoBiondo designated 013, and
amendment by Representative Davis designated 030, an amendment
by Representative Hanna designated 019, an amendment by
Representative Hunter designated 044, and an amendment by
Representative Gibbs designated 009; and An amendment offered
by Representative Ribble designated 022.
The following amendments were approved by unanimous consent:
An amendment offered by Representative Perry designated
042;
An amendment offered by Representative Carson designated
866;
An amendment offered by Representative Titus designated
040;
An amendment offered by Representative Lipinski designated
085; and
An amendment offered by Representative Babin designated
055.
The following amendment was ruled out of order:
An amendment offered by Representative Garamendi designated
069.
The following amendments were defeated by recorded vote:
An amendment offered by Representative Garamendi designated
070; and
An amendment offered by Representative Rokita designated
029.
The following amendments were withdrawn:
An amendment offered by Representative Young designated
090;
An amendment offered by Representative Capuano designated
029;
An amendment offered by Representative Duncan designated
024;
Amendments offered by Representative Napolitano considered
en bloc and consisting of an amendment designated 011, an
amendment designated 013, and an amendment designated 015;
An amendment offered by Representative Hunter designated
045;
An amendment offered by Representative Cohen designated
075;
An amendment offered by Representative Crawford designated
039;
An amendment offered by Representative Edwards designated
037;
An amendment offered by Representative Barletta designated
040;
An amendment offered by Representative Farenthold
designated 038;
An amendment offered by Representative Hahn designated 051;
An amendment offered by Representative Gibbs designated
013;
An amendment offered by Representative Nolan designated
043;
Amendments offered by Representative Kirkpatrick considered
en bloc and consisting of an amendment designated 023 and an
amendment designated 024;
An amendment offered by Representative Ribble designated
020;
An amendment offered by Representative Rice designated 028;
An amendment offered by Representative Maloney designated
025;
An amendment offered by Representative Perry designated
036;
Amendments offered by Representative Frankel considered en
bloc and consisting of an amendment designated 022, an
amendment designated 023, and an amendment designated 024;
Amendments offered by Representative Davis considered en
bloc and consisting of an amendment designated 026, an
amendment designated 028, and an amendment designated 033;
An amendment offered by Representative Brownley designated
032;
An amendment offered by Representative Babin designated
054;
An amendment offered by Representative Hardy designated
020;
An amendment offered by Representative Costello designated
013;
An amendment offered by Representative Larsen designated
031;
An amendment offered by Representative Duncan designated
025;
An amendment offered by Representative Lipinski designated
065;
An amendment offered by Representative Barletta designated
041;
An amendment offered by Representative Edwards designated
038;
An amendment offered by Representative Farenthold
designated 039;
An amendment offered by Representative Gibbs designated
011;
An amendment offered by Representative Nolan designated
044;
An amendment offered by Representative Kirkpatrick
designated 026;
An amendment offered by Representative Maloney designated
026;
An amendment offered by Representative Rokita designated
031;
An amendment offered by Representative Babin designated
057;
Amendments offered by Representative Lipinski considered en
bloc and consisting of an amendment designated 046 and an
amendment designated 049;
An amendment offered by Representative Edwards designated
041;
An amendment offered by Representative Rokita designated
042;
An amendment offered by Representative Perry designated
038;
An amendment offered by Representative Farenthold
designated 040;
An amendment offered by Representative Lipinski designated
052;
An amendment offered by Representative Farenthold
designated 041;
An amendment offered by Representative Ribble designated
024;
An amendment offered by Representative Edwards designated
045;
An amendment offered by Representative Garamendi designated
063;
An amendment offered by Representative Perry designated
040;
An amendment offered by Representative Crawford designated
038;
An amendment offered by Representative Barletta designated
043;
An amendment offered by Representative Massie designated
034;
An amendment offered by Representative Napolitano
designated 016;
An amendment offered by Representative Denham concerning
federal preemption of state laws affecting motor carriers; and
An amendment offered by Representative Mica designated 017.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. During Committee consideration of H.R. 3763,
record votes were taken on an amendment offered by
Representative Garamendi designated 070, and an amendment
offered by Representative Rokita designated 029. The Committee
disposed of these amendments by record vote as follows:
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirement of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives, the
Committee reports that at this time it is not in the position
to make a cost estimate for H.R. 3763, as amended, as the
Congressional Budget Office has not timely submitted an
estimate and comparison under section 402 of the Congressional
Budget Act of 1974 to the Committee before the filing of the
report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee
reports that at this time it is not in the position to make a
cost estimate for H.R. 3763, as amended, as the Congressional
Budget Office has not timely submitted an estimate to the
Committee before the filing of the report.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
improve our Nation's infrastructure, reform federal surface
transportation programs, refocus those programs on addressing
national priorities, and encourage innovation to make the
surface transportation system safer and more efficient.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the H.R. 3763, as amended, includes an earmark,
limited tax benefit, or limited tariff benefit under clause
9(e), 9(f), or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 3763, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that enacting H.R. 3763 specifically
directs the completion of specific rule makings within the
meaning of section 551 of title 5, United States Code. Section
1313 of the bill requires the Secretary of Transportation to
carry out a rulemaking to implement section 330 of title 23,
United States Code. Section 1315 requires the Secretary to
carry out a rulemaking to implement a provision that expedites
environmental reviews and permitting. Section 3022 requires the
Secretary to carry out a rulemaking on transit operator safety.
Section 5106 requires the Secretary to carry out a rulemaking
to establish a new allocation formula for Motor Carrier Safety
Assistance Grants. Section 5202 requires the Secretary to carry
out rulemakings to update motor carrier regulations that are no
longer consistent, clear, and uniformly enforced. Section 5203
requires the Secretary to carry out rulemakings to update
regulations to incorporate guidance issued by FMCSA. Section
5302 requires the Secretary to modify regulations concerning
the mounting of safety equipment on the windshield of a
commercial motor vehicle. Section 5401 requires the Secretary
to modify regulations concerning commercial driver's licenses
for veterans. Section 5502 requires the Secretary, by
regulation, to establish a process to collect data on delays
experienced by commercial motor vehicle operators. Section 7007
requires a rulemaking with regard to those entities that
conduct third-party classification examinations, if regulatory
changes are recommended by a GAO study of the matter. Section
7010 requires the Secretary to carry out a rulemaking to
require each tank car built to meet DOT-117 or DOT-117R
specifications include a thermal blanket. Section 7011 requires
the Secretary to issue regulations to require railroad carriers
to create oil spill response plans. Finally, section 7012
requires the Secretary to issue regulations to require railroad
carriers to provide certain information on the transportation
of high-hazard flammable materials to SERCs.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3763, as amended,
includes provisions that would preempt state, local, or tribal
law. Section 5513 prohibits states from enacting laws that
impose a limitation of less than 80 feet on the length of a
stinger steered automobile transporter operating on the NHS and
certain other roads. Generally, state, local, and tribal
requirements regarding transportation of hazardous materials
are preempted if complying with those requirements and federal
hazardous materials rules and regulations is not possible; the
requirements are an obstacle to complying with other federal
regulations; or where there are substantive differences in
certain prescribed areas. However, state and local governments
and Indian tribes are authorized to apply for waivers of
preemption. Section 7010 requires that tank cars built to the
DOT-117 specification include thermal blankets. Section 7011
requires railroad carriers to develop oil spill response plans
for the transportation of class 3 flammable liquids, and DOT's
preemption would apply under section 5125 of title 49, United
States Code. However, such preemption decisions can be made on
a case-by-case basis through a waiver request or upon
determination by the Secretary. Section 7012 requires that
railroad carriers notify SERCs of the certain information on
high-hazard flammable trains. Section 7015 requires that all
tank cars carrying Class 3 flammable liquids be required to
meet the DOT-117 or DOT-117R tank car specifications.
Advisory Committee Statement
Section 1429 of H.R. 3763, as amended, establishes an
advisory committee within the meaning of section 5(b) of the
Federal Advisory Committee Act (FACA) (5 U.S.C. app.). Sections
5106, 5504, and 5505 of this legislation establish temporary
working groups that meet the definition of an advisory
committee under section 3 of the Federal Advisory Committee
Act. Pursuant to section 5 of the Federal Advisory Committee
Act, the Committee determines that the functions of the
advisory committee and the working groups are not being carried
out by existing agencies or advisory commissions. The Committee
also determines that the advisory committee and the working
groups have a clearly defined purpose, fairly balanced
membership, and meet all of the other requirements of section
5(b) of the Federal Advisory Committee Act.
Applicability of Legislative Branch
The Committee finds that H.R. 3763, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A --Authorizations and Programs
Section 1101. Authorization of appropriations
This section authorizes funds for the Federal-Aid Highway
Program, Nationally Significant Freight and Highway Projects,
Transportation Infrastructure Finance and Innovation Program
(TIFIA), Tribal Transportation Program, Federal Lands
Transportation Program, Federal Lands Access Program,
Territorial and Puerto Rico Highway Program, and the
Disadvantaged Business Enterprise Program through fiscal year
2021 at levels consistent with the Congressional Budget
Office's (CBO) baseline projections for the Highway Trust Fund.
Section 1102. Obligation ceiling
This section provides the obligation limitations for the
federal-aid highway and highway safety construction programs.
The section retains MAP-21 provisions governing the
distribution of obligation authority and the redistribution of
unused obligation authority.
Section 1103. Definitions
This section makes conforming changes to definitions
applicable under title 23, United States Code.
Section 1104. Apportionment
This section allocates apportioned funds among the National
Highway Performance Program (NHPP), Surface Transportation
Block Grant Program (STBGP), Highway Safety Improvement Program
(HSIP), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ), and Metropolitan Planning. The section
generally retains MAP-21's apportionment formulas, but adds to
each state's base apportionment supplemental funds for NHPP and
STBGP. The section also provides for the apportionment of funds
among the states, retaining provisions that ensure that each
state's combined apportionments are not less than 95 percent of
the state's estimated tax payments into the Highway Trust Fund
(other than the Mass Transit Account). Finally, this section
authorizes appropriations out of the Highway Trust Fund (other
than the Mass Transit Account) for administrative expenses for
the FHWA.
Section 1105. National Highway Performance Program
This section allows states to use NHPP funds to pay the
subsidy and administrative costs associated with providing
TIFIA credit assistance. The section also allows NHPP funds to
be used for bridge projects located off the NHS, but on a
Federal-aid highway.
Section 1106. Surface Transportation Block Grant Program
This section converts the Surface Transportation Program to
a block grant program, the Surface Transportation Block Grant
Program (STBGP), providing states significant flexibility in
how these funds may be obligated. The section also phases in an
increase in the percentage of STBGP funds suballocated based on
population from 50 percent to 55 percent between fiscal years
2016 and 2020. This section also folds the Transportation
Alternatives Program (TAP) into the STBGP program, holds TAP
funding flat at $819.9 million for fiscal years 2016 through
2021, and suballocates 50 percent of TAP funding based on
population and 50 percent to any area of the state. Finally,
this section allows 50 percent of TAP funds suballocated to
areas with a population greater than 200,000 to be used for any
project eligible for funding under STBGP.
Section 1107. Railway-highway grade crossings.
This section increases the set-aside from the HSIP for
railway-highway grade crossings to address fatalities and
hazards at public grade crossings.
Section 1108. Highway Safety Improvement Program
This section reestablishes a focus on using federal funds
for roadway safety infrastructure. It also adds eligible
activities which include: installation of vehicle-to-
infrastructure equipment, pedestrian hybrid beacons, and
roadway improvements that provide separation between
pedestrians and motor vehicles. This section removes a
requirement which required states to collect data on all public
roads including unpaved and gravel roads. This section modifies
a special rule for high risk rural roads by stating that if a
state is above the two-year median fatality rate for rural
roads among all states, then a state is required to identify
strategies to address fatality reductions and achieve safety
improvements on high risk rural roads in their State Strategic
Highway Safety Plan. Lastly, it includes a provision which
surveys states to determine best practices in preventing
roadway crashes that involve commercial motor vehicles.
Section 1109. Congestion Mitigation and Air Quality Improvement Program
This section adds the installation of vehicle-to-
infrastructure equipment to the list of eligible activities.
Also, this section gives certain states the flexibility to
undertake CMAQ or STBGP-eligible projects with CMAQ funds in
order to help prevent areas within the state from going into
nonattainment. In addition, it clarifies states shall give
priority to projects that are proven to reduce direct emissions
of PM2.5.
Section 1110. National Highway Freight policy
This section modifies the National Highway Freight Network
(Network) to consist of: (1) the Interstate System; (2) non-
Interstate highway segments on the comprehensive 41,000-mile
network developed by the USDOT; and (3) up to an additional 10
percent of highway mileage in each state as designated by the
state. The Network will be updated every five years to take
into account gaps in the Network, needed connections to other
modes of transportation, and critical emerging freight
corridors and critical emerging commerce corridors.
The Committee is aware that the USDOT is considering
enlarging the 41,000-mile network to approximately 65,000 miles
of interconnected highways as part of its initiative to develop
a multimodal freight network. However, the larger network is
still under internal review and a finalized network has not
been released to the public.
Section 1111. Nationally significant freight and highway projects
This section establishes a competitive grant program to
fund nationally significant: (1) freight projects on the
Network; (2) highway and bridge projects on the NHS; (3)
freight rail or freight intermodal projects carried out on the
National Multimodal Freight Network; and (4) railway-highway
grade crossing or grade separation projects. For a project in a
single state, projects will be required to have a project cost
equal to or exceeding the lesser of $100 million or 30 percent
of a state's apportioned funds for the most recent fiscal year.
Multi-state projects will be required to have a project cost
equal to or exceeding the lesser of $100 million or 50 percent
of the apportioned funds of the participating state with the
largest apportionment in the most recent fiscal year. Not more
than $500 million from fiscal year 2016 through 2021 may be
used for freight rail or freight intermodal projects and the
projects need to demonstrate a significant improvement to
freight movements on the NHS and the federal share of the
projects may only fund elements of the projects that provide
public benefits. This limitation will not apply to a grade
crossing or grade separation project and for a multimodal
project, will only apply to the non-highway portion of the
project.
Not less than 10 percent of the funds made available are
reserved to make grants of $5,000,000 or more for smaller
highway freight projects. Not less than 20 percent of the funds
made available (including funds for smaller highway freight
projects) are reserved for projects in rural areas. The maximum
federal share under the program is 50 percent of project costs.
States may use their apportioned funds to meet the non-federal
contribution, but total federal funds may not exceed 80 percent
of project costs. The Secretary may allow grants to be used to
fund the subsidy and administrative costs of TIFIA credit
assistance. Finally, the section gives Congress 60 days to
disapprove of a proposed grant by enacting a joint resolution.
The new program will provide funding for large-scale
freight highway projects that are difficult for states to fund
from their annual apportionments as well as smaller highway
freight projects. The Committee intends for a wide-range of
freight projects to be eligible, including the elimination of
bottlenecks, intermodal connections, and truck-only lanes.
Section 1112. Territorial and Puerto Rico Highway Program
This section increases the annual authorization for the
Puerto Rico Highway Program and for the Territorial Highway
Program.
Section 1113. Federal Lands and Tribal Transportation Program
This section requires tribes to submit to the Secretary and
the Secretary of the Interior data on project names,
descriptions, current status, and estimated number of jobs
created under the tribal transportation program.
Section 1114. Tribal Transportation Program
This section reduces the funding for FHWA program
management and project-related administrative expenses from six
percent to five percent.
Section 1115. Federal Lands Transportation Program
This section adds the Bureau of Reclamation and independent
federal agencies with natural resource and land management
responsibilities as recipients of funding from the Federal
Lands Transportation Program.
MAP-21 eliminated the Transit in the Parks program,
removing a dedicated stream of funding for public
transportation in parks. The Committee encourages the National
Park Service to pay particular attention to the impact of
vehicle congestion on local roads near national parks, and to
utilize all available strategies to manage and mitigate
congestion in such parks.
Section 1116. Tribal Transportation Self-Governance Program
This section establishes a Tribal Transportation Self-
Governance Program at the USDOT. The Secretary determines
eligibility after reviewing a tribe's financial stability,
financial management capacity, and transportation program
management capability from the three preceding fiscal years. If
eligible, the Secretary and the tribe are required to negotiate
and enter into a written compact, which would outline the terms
of the relationship between the tribe and USDOT. The Secretary
is required to negotiate and enter into a written annual
funding agreement with a tribe after entering into a compact.
The annual funding agreement would allow a tribe to receive and
administer full formula funding and any competitive grants from
the USDOT programs that are available to tribes.
Section 1117. Emergency relief
This section allows debris removal on federal lands to be
eligible under the Emergency Relief Program.
Section 1118. Highway use tax evasion projects
This section continues a program to combat highway use tax
evasion and requires the Internal Revenue Service to submit its
annual report on its efforts to prevent tax evasion to the
House Transportation and Infrastructure Committee and the
Senate Environment and Public Works Committee.
Section 1119. Bundling of bridge projects
This section allows a state to bundle two or more similar
bridge projects to save time and reduce costs if the bridge
projects are eligible under NHPP or STBGP, are included as a
bundled project in a metropolitan or statewide transportation
improvement plan (TIP), and are awarded to a single contractor
or consultant.
Section 1120. Tribal High Priority Projects Program
This section reauthorizes the Tribal High Priority Projects
Program.
Section 1121. Construction of ferry boats and ferry terminal facilities
This section reauthorizes the program for the construction
of ferry boats and ferry terminal facilities.
Subtitle B--Planning and Performance Management
Section 1201. Metropolitan transportation planning
This section adds ``intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities'' to the types of transportation
systems and facilities to be addressed in the plans and TIPs
developed by metropolitan planning organizations (MPOs). The
section also clarifies that a representative of a provider of
public transportation may also serve as a representative of a
local municipality and will have the same responsibilities,
voting rights and other authorities as other officials serving
on the MPO. The section adds tourism and natural disaster risk
reduction to the types of planning activities affected by
transportation that MPOs are encouraged to coordinate with
other officials during the planning process. The section also
adds improving the resilience and reliability of the
transportation system to the list of projects and strategies to
be considered in the planning process. The section adds public
ports, intercity bus operators, and transit-related groups to
the list of interested parties to be provided an opportunity to
comment on the transportation plan. An MPO serving a
transportation management area may develop a congestion
management plan that includes projects and strategies that will
be considered in the TIP.
Section 1202. Statewide and nonmetropolitan transportation planning
The section makes conforming and technical corrections to
the statewide and nonmetropolitan planning process under
section 135 of title 23, United States Code, and makes many of
the changes made to metropolitan planning under section 1201 to
statewide planning.
Subtitle C--Acceleration of Project Delivery
Section 1301. Satisfaction of requirements for certain historic sites
This section aligns, to the maximum extent practicable,
Section 4(f) of the 1966 Department of Transportation Act and
Section 106 of the National Historic Preservation Act processes
to achieve efficiency in reviews for historic sites while
continuing to provide important protection for cultural
resources, including mitigating potential impacts.
Section 1302. Treatment of improvements to rail and transit under
preservation requirements
This section provides that improvements to, or the
maintenance, rehabilitation, or operation of railroad or rail
transit lines that are in use or were historically used for the
transportation of passengers or cargo will not be considered a
use of a historic site under Section 4(f), with the exception
of stations, and bridges and tunnels located on railroad lines
that have been abandoned or transit lines that are not in use.
Section 1303. Clarification of transportation environmental authorities
This section supports the wide-spread practice of referring
to two provisions of transportation law (49 USC 303 and 23 USC
138) by a reference to Section 4(f) of the 1966 Department of
Transportation Act, which was repealed long ago. The section
amends sections 303 and 138 to include a reference to clarify
that these sections may also be referred to as Section 4(f)
within the transportation law community.
Section 1304. Treatment of certain bridges under preservation
requirements
This section exempts a category of ordinary concrete and
steel bridges constructed after 1945 from Section 4(f) review.
In 2012, the Advisory Council on Historic Preservation
(ACHP) issued a Program Comment with respect to certain common
bridges and culverts constructed of steel or concrete after
1945 to relieve all federal agencies from the requirement to
undertake a case-by-case review of the effects of projects
under Section 106 of the National Historic Preservation Act.
FHWA estimates that the action could exempt almost 200,000
bridges and culverts from individual reviews and save taxpayers
$78 million over the next 10 years.
Section 1305. Efficient environmental reviews for project
decisionmaking
This section makes a number of changes to accelerate the
environmental review and permitting process. Specifically, this
section modifies the definition of ``multimodal project'' to
include all USDOT modes; clarifies that either the USDOT or a
USDOT modal administration may be the lead agency for purposes
of NEPA review; and requires the lead agency to invite other
federal and non-federal agencies to participate in the NEPA
process within 45 days after the publication of a Notice of
Intent to prepare an Environmental Impact Statement (EIS) or
the initiation of an Environmental Assessment (EA).
This section also requires, to the maximum extent
practicable, and consistent with current law, the development
of a single NEPA document that will be sufficient for any
federal approval or other federal action required for the
project by any federal agency. Further, it requires that
participating agencies limit their comments with respect to the
range of alternatives to subject matter areas within the
agency's area of expertise or jurisdiction, and give
substantial deference to the range of alternatives recommended
by the lead agency and requires a participating agency that
declines to participate in the development of the purpose and
need and range of alternatives to still comply with the
schedule for completing environmental review required under
subsection 139(g). It also requires the lead agency to develop
a project checklist to help sponsors identify potential
natural, cultural, and historic resources in the area of the
project.
Additionally, this section requires the lead agency to
establish the plan for coordinating public and agency
participation in the environmental review process within 90
days after the publication of a notice to prepare an EIS or the
initiation of an EA; makes the development of a schedule for
the completion of the environmental process mandatory; modifies
the process for elevating outstanding issues by making the
Council on Environmental Quality (CEQ), rather than the
President, the highest level of referral; and expands, to all
public entities receiving federal assistance from USDOT, the
authority to use federal dollars to fund positions at federal,
state or local agencies that participate in the environmental
review process. Funds may be used to support activities that
directly and meaningfully contribute to expediting and
improving permitting and review processes, including planning,
approval and consultation processes.
Section 1306. Improving transparency in environmental reviews
This section requires the Secretary to maintain an online
platform to report project level status of the reviews,
approvals, and permits required for compliance with NEPA, or
any other federal, state, or local approval required for the
project, including information on projects for which the NEPA
process has been delegated to a state.
Section 1307. Integration of planning and environmental review
The section further coordinates the environmental review
process by strengthening the linkages between transportation
planning and environmental review. This section changes the
definition of ``environmental review process ''to refer both to
NEPA and other required permits and approvals by other federal
agencies. The modification is consistent with the intent of the
MAP-21, which allows planning products to be incorporated in
environmental reviews by other Federal agencies.
The section eliminates the requirement that a planning
product must be approved by the state, all local and tribal
governments, and any relevant MPO. This section also modifies,
but maintains, the requirement that any planning product
intended to be later incorporated into the environmental review
process must first be noticed to the public, made publicly
available for comment by federal, state, local, and tribal
governments, and the general public for such purposes, and any
comments received on such product must be considered by the
lead agency. A planning product may be incorporated into the
environmental review process to the extent that it is
appropriate for adoption and use, and is sufficient to meet the
requirements of federal law, including NEPA.
As the USDOT noted in its Notice of Proposed Rulemaking to
implement this section of MAP-21, the approval requirement is a
departure from current practice since approval is typically
reserved for the overall plan and not required for the
underlying analyses and studies that support the plan. MAP-21
did not intend to make the former regulatory process more
difficult or cumbersome, and the proposed change will help
ensure that planning products can be more easily adopted.
The section also makes explicit that planning products that
may be adopted for environmental reviews include the project's
purpose and need, and the preliminary screening of alternatives
and elimination of unreasonable alternatives. The modifications
explicitly references programmatic mitigation plans, the
development of which was encouraged by MAP-21.
Section 1308. Development of programmatic mitigation plans
This section requires federal agencies to give substantial
weight to programmatic mitigation plans developed by states and
MPOs to address the potential environmental impacts of future
transportation projects.
MAP-21 encouraged states and MPOs to develop programmatic
mitigation plans because such plans may be able to accelerate
the environmental review process through early identification
of potential environmental impacts and mitigation
opportunities. However, MAP-21 made the use of such plans by
federal agencies discretionary rather than mandatory. Without
an assurance that the mitigation plans will be considered,
states and MPOs may be reluctant to devote the time and
resources to develop the plans.
Section 1309. Delegation of authorities
This section directs the Secretary to use existing
authority, to the maximum extent practicable, to delegate
responsibility to a state for project designs, plans,
specifications, estimates, contract awards, and inspections, on
both a project-specific and programmatic basis. Within 18
months following enactment, the Secretary, in cooperation with
the states, is directed to submit recommendations for
legislation needed to permit delegation of additional
authorities to the states.
Section 1310. Categorical exclusion for projects of limited federal
assistance
This section provides for an inflationary adjustment to the
categorical exclusion for projects with limited federal
assistance, and applies the adjustment retroactively.
Section 1311. Application of categorical exclusions for multimodal
projects
This section expands the applicability of categorical
exclusions to all USDOT projects, rather than only those funded
under title 23 or chapter 53 of title 49, United States Code.
The section eliminates the requirement that a multimodal
project be funded under a single grant agreement in order for a
lead authority to use the categorical exclusion of another
agency. The section also strikes the current requirement that
the component of the multimodal project to be covered by the
categorical exclusions has independent utility.
Section 1312. Surface transportation project delivery program
This section clarifies that a state with NEPA assignment
authority does not require further approval from the Secretary
to carry out the responsibilities that have been assumed by the
state pursuant to an agreement with the USDOT.
The section also amends current audit requirements to
require annual audits for each of the first four years a state
has assignment authority, rather than semiannual audits during
the first two years and annual audits in the third and fourth
year. Additionally, states are to be consulted about the makeup
of the audit team.
None of the amendments made by the section are intended to
affect the authority of the U.S. Department of Justice related
to an approved state's implementation of NEPA that existed
prior to the enactment of this Act.
Section 1313. Program for eliminating duplication of environmental
reviews
This section establishes a pilot program to permit up to
five states to apply state environmental laws and regulations
instead of NEPA if USDOT and the Council on Environmental
Quality (CEQ) determine that such state laws and regulations
are substantially equivalent to NEPA. This section encourages
other federal agencies, with authority over a project, to use
documents produced by a state under the pilot program. A state
participating in the program will be allowed to exercise its
authority on behalf of up to 10 local governments. This section
also requires the Secretary, in consultation with CEQ, to
review state programs approved under this section, and
authorizes the extension of this authority for an additional
five years, or the termination of the authority.
Section 1314. Assessment of progress on accelerating project delivery
This section requires the GAO to conduct an assessment of
the progress made by provisions in this bill, MAP-21 and Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy For Users (SAFETEA-LU) in accelerating the environmental
review and permitting process; make recommendations for further
streamlining without negatively impacting the environment; and
submit a report to the House Transportation and Infrastructure
Committee and the Senate Environment and Public Works
Committee.
Section 1315. Improving state and federal agency engagement in
environmental reviews
This section allows public entities that receive federal
funds from USDOT for any project for a public purpose to use
federal dollars to fund positions at federal, state or local
agencies that participate in the environmental review process.
Funds may be used to support activities that directly and
meaningfully contribute to expediting and improving permitting
and review processes, including planning, approval and
consultation processes.
Section 1316. Accelerated decisionmaking in environmental reviews
This section amends title 49, United States Code, to
require, to the maximum extent practicable, that an EIS and
Record of Decision be developed as a single document unless the
final EIS makes substantial changes to the proposed action or
there is significant new information or circumstances relevant
to environmental concerns that bear on the proposed action or
impacts of the proposed action. The section also allows an
operating administration within USDOT to adopt or incorporate
by reference a draft EIS, EA, or final EIS of another operating
administration if both operating administrations agree the
actions being taken are substantially the same, and such
actions are consistent with the requirements of NEPA.
Section 1317. Aligning federal environmental reviews
This section requires USDOT, working with the heads of
other federal agencies involved in the reviewing transportation
projects, to develop a coordinated and concurrent environmental
review and permitting process within one year after the date of
enactment. The section also requires the development of a
checklist to identify potential natural, cultural, and historic
sites that may be affected by a proposed project.
Subtitle D--Miscellaneous
Section 1401. Tolling; HOV facilities; interstate reconstruction and
rehabilitation.
This section modifies section 129 of title 23, United
States Code, to more clearly carry out the intent of MAP-21,
and amends section 166 of title 23, United States Code, to
specify that any public authority that allows public
transportation vehicles to use HOV facilities must provide
equal access for all public transportation vehicles and over-
the-road buses. The section also provides that a public
authority may designate classes of vehicles that are exempt
from tolls on HOV lanes, or charge different toll rates for
different classes of vehicles if equal rates are charged for
all public transportation vehicles and over-the-road buses.
Additionally, the section extends the authority of states to
allow low emission and energy-efficient vehicles to use HOV
lanes through fiscal year 2021.
The section amends the Interstate System Reconstruction and
Rehabilitation Pilot Program to require that a state wishing to
participate in the pilot program have approved enabling
legislation necessary for the project to proceed. A state's
application will now expire three years after the date on which
the application was provisionally approved if the state has not
submitted a complete application to USDOT, completed the NEPA
process, and executed a toll agreement with the Secretary. The
Secretary may extend an approval for an additional year if the
state demonstrates progress toward the requirements. States
that currently have slots reserved under the pilot program will
have one year to meet this section's new requirements. The
section also allows the Secretary to approve an application for
the Interstate System Construction Toll Pilot Program under
certain circumstances.
Section 1402. Prohibition on the use of funds for automated traffic
enforcement
This section prohibits the use of Federal-aid highway funds
for automated traffic enforcement
Section 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
This section clarifies that state drunk driving repeat
offender laws may include an exception from the requirement to
install an ignition interlock device on employer-owned
vehicles.
Section 1404. Highway trust fund transparency and accountability
This section modifies the information to be included in the
annual report to Congress on the use of Federal-aid highway
funds and requires the report to be published semi-annually on
the USDOT website. Additionally, the provision reinforces the
requirement for the submission of project-level information by
directing the Secretary to publish an annual report on its
website that provides basic project-level information on all
projects administered by the FHWA, and additional information
on projects with a construction cost of more than $100 million.
The Committee is disappointed that the FHWA has made little
progress since MAP-21's enactment in developing and making
publicly available project-level information. The Committee
expects the FHWA to implement these transparency provisions
expeditiously.
Section 1405. High priority corridors on national highway system
This section modifies highway priority corridors under
Section 1105 of the Intermodal Surface Transportation
Efficiency Act of 1991.
Section 1406. Flexibility for projects
This section provides that for projects eligible for
funding under title 23, United States Code, the Secretary,
following a request by a state, may use existing authorities to
provide additional flexibility or expedited processing.
Section 1407. Productive and timely expenditure of funds
This section requires the Secretary to develop guidance
that encourages the use of programmatic approaches to project
delivery, expedited and prudent procurement techniques, and
other best practices to facilitate the timely and productive
expenditure of funds for projects under title 23, United States
Code. The Secretary is to ensure the guidance is consistently
implemented by the states and FHWA.
Section 1408. Consolidation of programs
This section reauthorizes funding for safety-related
clearinghouses, including Operation Lifesaver, and funds the
clearinghouses from a set-aside under HSIP.
Section 1409. Federal share payable
This section adds ``engineering or design approaches'' to
the types of innovative project delivery methods that qualify a
project to receive up to 100 percent federal share.
Section 1410. Elimination or modification of certain reporting
requirements
The section eliminates two obsolete reporting requirements.
Section 1411. Technical corrections
This section makes technical corrections to title 23, MAP-
21, and SAFETEA-LU.
Section 1412. Safety for users
This section encourages each state to adopt design
standards for surface transportation projects that accommodate
all motorized and non-motorized users. Within two years after
the date of enactment, the Secretary is required to catalogue
examples of state laws or transportation policies that provide
for the accommodation of all users and disseminate examples of
best practices.
Section 1413. Design standards
This section modifies what the Secretary must take into
account when developing design standards for the NHS. It also
gives a state the discretion to allow a local jurisdiction to
use a different roadway design publication if certain criteria
are met.
Section 1414. Reserve fund
This section clarifies that funds authorized for fiscal
years 2019 through 2021 are only available if there is a
subsequent act of Congress. This section also establishes a
calculation to adjust the spending levels in the bill if
receipts to the Highway Trust Fund are different from those
estimated at the time of enactment.
Section 1415. Adjustments
This section rescinds unobligated balances of contract
authority.
Section 1416. National electric vehicle charging, hydrogen, and natural
gas fueling corridors
This section requires the Secretary to designate electric
vehicle charging, hydrogen, and natural gas fueling corridors
across the Nation to identify the needs and most vital
locations for such fueling and charging infrastructure. The
corridors will be updated and redesignated every five years.
Section 1417. Ferries
This section requires the Secretary to redistribute
unobligated amounts of funding for the construction of ferry
boats and ferry terminal facilities following the third fiscal
year.
Section 1418. Study on performance of bridges
This section requires the Secretary to commission a study
on the performance of bridges that are at least 15 years old
and received funding under the Innovative Bridge Research and
Construction Program. The study is to be completed within three
years of the date of enactment.
Section 1419. Relinquishment of park-and-ride lot facilities
This section allows a state transportation agency to
transfer park-and-ride lot facilities to a local government
agency if rights-of-way on the Interstate System remain
available for future highway improvements and modifications to
the facilities that could impart the free flow of traffic
remain subject to the approval of the Secretary.
Section 1420. Pilot program
This section allows the Secretary to establish a pilot
program to allow a state to use innovative approaches to
maintain the right-of-way on federal-aid highways in the state.
Section 1421. Innovative project delivery examples
This section clarifies that projects using innovative
pavement technologies that have a demonstrated long lifecycle
and are manufactured in a low greenhouse gas producing manner
are eligible for a higher federal share.
Section 1422. Administrative provisions to encourage pollinator habitat
and forage on transportation rights-of-way
This section adds a provision to encourage pollinator
habitat and forage on transportation rights-of-way.
Section 1423. Milk products
This section adds fluid milk products, including bulk raw
milk to the list of non-divisible loads, which authorizes
states to issue permits to overweight vehicles carrying such
products.
Section 1424. Interstate weight limits for emergency vehicles
This section establishes federal weight limits for
emergency vehicles in excess of limits imposed on commercial
motor vehicles.
Section 1425. Vehicle weight limitations--interstate system
This section exempts commercial tow trucks from federal
weight limits during the time such trucks tow disabled vehicles
to a repair facility.
Section 1426. New national goal, performance measure, and performance
target
This section establishes a national goal of improving road
conditions in economically-distressed urban communities and
increasing access to jobs, markets, and economic opportunities.
The Secretary is to establish measures and the states are to
establish targets to implement the new goal.
Section 1427. Service club, charitable association, or religious
service signs
This section provides states the option of grandfathering
existing service club, charitable association, or religious
service signs with a size of 32 square feet or less.
Section 1428. Work zone and guard rail safety training
This section makes courses on guard rail installation,
maintenance, and repair eligible for existing work zone safety
training grants.
Section 1429. Motorcyclist advisory council
This section establishes a council to advise the
Administrator of the FHWA on infrastructure issues of concern
to motorcyclists.
Section 1430. Highway work zones
This section expresses the sense of the House of
Representatives that the FHWA should do everything in its power
to protect workers in highway work zones and finalize
regulations on work zone safety.
Title II--INNOVATIVE PROJECT FINANCE
Section 2001. Transportation Infrastructure Financing and Innovation
Act of 1998 amendments
This section makes changes to the TIFIA program, such as
modifying the definition of a master credit agreement and a
rural infrastructure project, establishing an eligible project
cost for a local project, and providing federal funding for
administrative expenses. This section also limits when the
Secretary can redistribute unobligated and uncommitted amounts
of funding for the TIFIA program.
Section 2002. State Infrastructure Bank Program
This section reauthorizes the State Infrastructure Bank
Program for fiscal years 2016 through 2021.
Section 2003. Availability payment concession model
This section codifies an existing FHWA practice of allowing
costs related to highway projects delivered by a public-private
partnership that uses an advance construction authorization
(23, USC, 115) coupled with the availability payment concession
model to be eligible for Federal-aid reimbursement.
TITLE III--PUBLIC TRANSPORTATION
Section 3001. Short title
This section titles the bill, the ``Federal Public
Transportation Act of 2015.''
Section 3002. Definitions
This section adds definitions for the terms ``value
capture'' and ``base-model bus''.
Section 3003. Metropolitan and statewide transportation planning
This section provides for the consideration of intermodal
facilities that support intercity transportation, including
intercity buses and bus facilities, in long-range
transportation plans and transportation improvement programs.
This section also clarifies that a representative of a provider
of public transportation may also serve as a representative of
a local municipality and will have the same responsibilities,
voting rights and other authorities as other officials serving
on the MPO. This section acknowledges the role of intercity bus
operators and employer-based commuting programs to reduce
congestion. Lastly, this section enables transportation
management areas to develop a congestion management plan that
will identify activities that will reduce commute-related
congestion.
Section 3004. Urbanized area formula grants
This section defines the term ``recipient'' and clarifies
eligibility requirements by adding general public demand
response under this section. It also provides an exception to
the special rule to promote greater local decision-making and
reduces the amount of mandated transit funds that must be spent
on transit enhancements. The Committee recognizes the
importance of public notification of the elimination of bus
routes, and believes the Federal Transit Administration (FTA)
should, to the greatest extent practicable, ensure public
transportation agencies are notifying riders and the public in
advance of the elimination of bus routes.
Section 3005. Fixed guideway capital investment grants
This section provides Small Starts applicants with an
optional early rating. It clarifies the process for the
advancement of a program of interrelated projects. This section
also sets the grants for a New Starts projects at 50 percent
and grants for Core Capacity and Small Starts projects at 80
percent of the net capital projects costs. Lastly, this section
reforms the cost-effectiveness calculation to ensure that the
cost of art and landscaping are included.
Section 3006. Formula grants for the enhanced mobility of seniors and
individuals with disabilities
This section directs the Secretary to promote best
practices for innovative approaches that have proven to improve
mobility for seniors and individuals with disabilities.
Section 3007. Formula grants for rural areas
This section provides greater flexibility to states for
their share of the project costs and to partner with intercity
bus providers to support greater rural mobility.
Section 3008. Public transportation innovation
This section consolidates FTA research programs. This
section allows for consortia to apply for zero emission
deployment grants in order to support the use of clean air
buses. It also requires that annual reports on research be
accessible to the public.
Section 3009. Technical assistance and workforce development
This section consolidates the technical assistance and
workforce development activities of the FTA. This section
expands the activities that FTA can provide technical
assistance to include meeting domestic content requirements and
assisting with the development and deployment of zero emission
technologies. It expands the focus of training to veterans and
adds new eligibility for FTA to facilitate best practices for
transit systems to protect drivers from driver assault. This
section includes grants to address human resources needs,
frontline workforce development, and reauthorizes the National
Transit Institute.
Section 3010. Bicycle facilities
This section reduces the federal share for a project
related to connecting bicycles with public transportation.
Section 3011. General provisions
This section prohibits the use of federal funds to pay for
the incremental cost of incorporating art or landscaping into
facilities. This section provides an increased federal share
for the acquisition of a base-model bus. It also gradually
increases Buy America domestic content in federally-funded
rolling stock purchases. In carrying out this section, the
Committee reminds FTA that, under current law, it has authority
to conduct audits of domestic content certifications. This
section allows recipients to use value capture as a local
share. Finally, this section ensures compliance with federal
competitiveness regulations.
Section 3012. Public transportation safety program
This section amends the National Public Transportation
Safety Plan to include minimum safety standards that take into
account recommendations from the NTSB, best practices developed
by the industry, and any minimum standard or criteria developed
by the public transportation industry. Additionally, this
section provides the Secretary with the authority to assume
oversight activities when certain public transportation systems
have demonstrated that they are incapable of doing so. In
carrying out this section, the Committee expects the Secretary
and Federal Transit Administration to utilize all institutional
knowledge at USDOT, including the Federal Railroad
Administration, to expedite direct federal safety oversight of
a rail fixed guideway system and avoid duplication. This
section clarifies that safety enforcement actions are taken
with respect to the recipient, not the state, and that the
Secretary may withhold funds under this chapter when all other
options fail to bring the recipient into compliance with safety
requirements.
Section 3013. Apportionments
This section makes a technical correction to apportionments
and repeals the current period of availability, makes other
technical changes, and increases the set aside from the small
transit intensive communities program for fiscal years 2019
through 2021.
Section 3014. State of good repair grants
This section clarifies definitions and provides flexibility
for recipients under this section to use the funds to meet
their state of good repair needs.
Section 3015. Authorizations
This section authorizes the programs under this title. It
also establishes a uniform period of availability.
Section 3016. Bus and bus facility grants
This section provides capital funds for buses and bus
related facilities. It continues the formula funds that provide
consistent investment. This section also provides two
additional components to address the bus state of good repair.
It provides flexibility for grants to be pooled, allowing for
large scale procurements and major bus facility projects.
Lastly, this section funds a competitive grant component to
update aged and inefficient fleets.
Section 3017. Obligation ceiling
This section establishes the annual obligation limitations
for federal transit programs.
Section 3018. Innovative procurement
This section allows for the use of cooperative procurement
to support cost-effective rolling stock purchases. It also
establishes a joint procurement clearinghouse to allow for
recipients to aggregate planned rolling stock purchases and
identify joint procurement participants.
Section 3019. Review of public transportation safety standards
This section requires the Secretary to commence a review of
safety standards and protocols in order to evaluate the need to
establish federal minimum safety standards for public
transportation. This section requires the Secretary to publish
the review, evaluation, recommendations (including statutory
changes) and actions the Secretary will take.
Section 3020. Study on evidentiary protection for public transportation
safety program information
This section requires the GAO to complete a study on the
evidentiary protection of safety information required under
section 5329 of chapter 53 of title 49, United States Code.
Section 3021. Mobility of seniors and individuals with disabilities
This section provides for the coordination of public
transportation services with other federally-assisted local
transportation services. This provision encourages the
Interagency Transportation Coordination Council on Access and
Mobility to publish a strategic plan to implement coordination
recommendations and develop a cost-sharing policy.
Section 3022. Improved transit safety measures
This section requires the Secretary to undertake a
rulemaking to protect transit operators from assaults.
Section 3023. Paratransit system under FTA approved coordinated plan
This section allows paratransit systems currently
coordinating complementary services to continue to use
coordinated fare systems.
TITLE IV--HIGHWAY SAFETY
Section 4001. Authorization of appropriations
This section authorizes funds through fiscal year 2021 for
the highway safety programs and administrative expenses of the
NHTSA at levels consistent with the CBO's baseline projections
for the Highway Trust Fund.
Section 4002. Highway Safety Programs
This section encourages states to adopt programs to
increase driver awareness of commercial motor vehicles (CMV)
and how to operate safely around CMVs. It also makes data
available on how states are following federal guidelines for
automated red light and speed enforcement cameras. Finally, it
reduces administrative burdens on states by requiring NHTSA to
accept highway safety plans in electronic form.
The Committee is concerned about the dangers posed by
unsecured loads on non-commercial vehicles. Federal grant funds
for state-run safety campaigns raising awareness about the
dangers posed by unsecured loads are currently eligible under
State Highway Safety Programs (23 U.S.C. 402). Therefore, the
Committee encourages states to address unsecured loads the next
time they submit their State Highway Safety Program for
approval by the Secretary.
Section 4003. Highway safety research and development
This section authorizes NHTSA to work with industry and
academia on advancements in ignition interlocks and other
safety technologies that help determine whether a driver
exceeds alcohol impairment standards. It also requires NHTSA
inform participants in programs that collect data on drug or
alcohol use that their participation is voluntary. Finally,
this section clarifies the federal share of cooperative
research activities carried out by NHTSA.
Section 4004. High-Visibility Enforcement Program
This section codifies the High Visibility Enforcement
Program and authorizes funds to be used on campaigns to reduce
distracted driving.
Section 4005. National Priority Safety Programs
This section enables states to spend more funds on the
pressing safety needs unique to their state by increasing the
percentage of National Priority Safety Program funds that can
be flexed to each state's traditional safety program under
section 402 of title 23, United States Code. This section also
reforms the Impaired Driving Countermeasures, Distracted
Driving, and State Graduated Driver License Incentive programs
to reduce barriers to state eligibility and improve incentives
for states to adopt laws and regulations to improve highway
safety. Finally, this section authorizes five percent of
National Priority Safety Program funds to be spent on a new
initiative on nonmotorized safety. States with combined
pedestrian and bicycle fatalities that exceed 15 percent of
total crash fatalities in that state are eligible to receive
grant funds under the nonmotorized safety initiative to reduce
such fatalities.
Section 4006. Prohibition on funds to check helmet usage or create
related checkpoints for a motorcycle driver or passenger
This section prohibits the use of federal funds on
motorcycle helmet checkpoints.
Section 4007. Marijuana-impaired driving
This section requires the Secretary to conduct a study on
marijuana impaired driving, including the feasibility of
establishing an impairment standard for drivers under the
influence of marijuana and provide recommendations.
Section 4008. National Priority Safety Program grant eligibility
This section requires NHTSA to release information on which
states were awarded funds under the National Priority Safety
Program and which states were determined to be ineligible.
NHTSA is required to provide ineligible states a list of
deficiencies to correct in order to ensure their eligibility in
the future.
Section 4009. Data collection
This section continues a program to improve the
availability of data on traffic stops.
Section 4010. Technical corrections
This section makes technical corrections to chapter 4 of
title 23, United States Code.
TITLE V--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grant Consolidation
Section 5101. Grants to states
This section consolidates nine existing Federal Motor
Carrier Safety Administration (FMCSA) grant programs into four
and streamlines program requirements to reduce administrative
costs and improve flexibility for states. It makes several
reforms to grant programs, including awarding priority to
programs that train veterans and to incentivizing the adoption
of innovative truck and bus safety technologies. These changes
take effect in fiscal year 2017. This section also authorizes
funds for the consolidated grant programs for fiscal years 2017
through 2021 at levels consistent with the CBO's baseline
projections for the Highway Trust Fund.
This section also requires that states grant maximum
reciprocity for inspections conducted using a nationally
accepted system that allows ready identification of previously
inspected commercial motor vehicles. The Committee believes
that decals used to meet this requirement should adhere to
design and functional requirements as specified by the
Secretary.
Section 5102. Performance and registration information systems
management
This section makes a conforming amendment to section
31106(b) of title 49, United States Code.
Section 5103. Authorization of appropriations
This section authorizes the administrative expenses of the
FMCSA for fiscal years 2016 through 2021 at fiscal year 2015
enacted levels.
Section 5104. Commercial driver's license program implementation
This section directs more of the available funding for
implementing federal standards for commercial driver's licenses
to the states by eliminating the set aside for emerging and
national issues related to commercial drivers licensing.
Section 5105. Extension of Federal Motor Carrier Safety Programs for
fiscal year 2016
This section authorizes fiscal year 2016 funding for FMCSA
grant programs as these programs currently exist. Funding is
provided at levels consistent with the CBO's baseline
projections for the Highway Trust Fund.
Section 5106. Motor Carrier Safety Assistance Program allocation
This section establishes a temporary working group of
outside experts to advise the Secretary in the development of a
new allocation formula for the Motor Carrier Safety Assistance
Program. Prior to the development of a new formula, this
section authorizes the use of an interim formula.
Section 5107. Maintenance of effort calculation
This section establishes an interim maintenance of effort
calculation for the fiscal years prior to the implementation of
a new Motor Carrier Safety Assistance Program allocation
formula. It further authorizes the Secretary to modify the
maintenance of effort calculation once a new allocation formula
is implemented.
Subtitle B--Federal Motor Carrier Safety Administration Reform
Part I--Regulatory Reform
Section 5201. Notice of cancellation of insurance
This section authorizes the Secretary to suspend, in lieu
of revoking, the operating authority of motor carriers during
temporary lapses in insurance coverage.
Section 5202. Regulations
This section makes several reforms to the process FMCSA
must follow when developing new motor carrier regulations to
improve transparency and accountability. It also requires the
FMCSA to revise or repeal regulations every five years if they
are no longer current, consistent, and uniformly enforced.
Section 5203. Guidance
This section reforms the process FMCSA uses to issue
regulatory guidance and enforcement policies. It requires FMCSA
to ensure guidance and enforcement policies are publicly
accessible, regularly reviewed to ensure consistency and
relevancy, and incorporated into regulations whenever possible.
Section 5204. Petitions
This section reforms the process FMCSA uses when
considering petitions for regulatory actions. It requires FMCSA
to make the petitions publicly accessible and sets a deadline
for the agency to formally respond.
Part II--Compliance, Safety, Accountability Reform
Section 5221. Correlation study
This section requires the Administrator of the FMCSA to
commission the National Academies to conduct a study on ways to
improve the Compliance, Safety, Accountability (CSA) program
and provide Congress and the Inspector General of the
Department of Transportation (Inspector General) with a report
on the study's findings. The section also requires the
Administrator to provide a corrective action plan to Congress
describing the improvements that will be made to the CSA
program. The Inspector General is required to review the
corrective action plan to ensure it is responsive to the
study's findings.
Section 5222. Beyond compliance
This section authorizes the Administrator to incentivize
motor carriers to install the latest safety technology on
trucks and buses, adopt enhanced driver safety measures,
implement safety management programs, and undertake other
safety activities by having such activities be reflected in
FMCSA's calculation of safety scores.
Section 5223. Data certification
This section prohibits the publication of CSA program
scores and certain other data until the Inspector General
certifies that the corrective action plan under section 5221
and improvements to the CSA program are implemented.
Section 5224. Interim hiring standard
This section provides limited liability relief to shippers
and brokers that hire motor carriers with satisfactory safety
ratings from the FMCSA.
Subtitle C--Commercial Motor Vehicle Safety
Section 5301. Implementing Safety Requirements
This section accelerates the implementation of important
FMCSA safety regulations required by law.
Section 5302. Windshield mounted safety technology
This section updates regulations to allow for the mounting
of innovative safety technologies on truck and bus windshields.
Section 5303. Prioritizing statutory rulemakings
This section requires the Administrator to prioritize the
completion of rulemakings required by law.
Section 5304. Safety reporting system
This section requires the GAO to report to Congress on the
feasibility of establishing a self-reporting system for motor
carriers to report and correct en route equipment failures.
Section 5305. New Entrant Safety Review Program
This section requires the Secretary to assess the
effectiveness of the FMCSA's new operator safety review program
and report to Congress on the results of the assessment.
Section 5306. Ready mixed concrete trucks
This section makes permanent the current administrative
exemption from compliance with the hours of service 30 minute
rest break requirement for drivers of ready mix concrete
trucks.
Subtitle D--Commercial Motor Vehicle Drivers
Section 5401. Opportunities for veterans
This section requires the Secretary to reduce regulatory
barriers faced by veterans seeking employment as commercial
truck and bus drivers.
Section 5402. Drug free commercial drivers
This section authorizes the use of hair testing as an
alternative to urine tests to screen for possible drug and
alcohol use by commercial truck and bus drivers once standards
have been established by for the Department of Health and Human
Services. The section sets a one year deadline for the
Department of Health and Human Services to establish federal
standards for hair testing.
The FMCSA has informed the Committee and the Committee
agrees that nothing in this section authorizes the use of hair
testing as an alternative to urine tests until the U.S.
Department of Health and Human Services establishes federal
standards for hair testing.
Section 5403. Certified medical examiners
This section authorizes the Secretary to grant exemptions
on a case-by-case basis to drivers that receive fitness
determinations from medical examiners that are not on the
National Registry of Certified Medical Examiners.
Section 5404. Graduated Commercial Driver's License Pilot Program
This section authorizes the Secretary to establish a
limited pilot program for up to six agreements of contiguous
states to allow drivers between the ages of 19\1/2\ and 21 to
operate commercial motor vehicles across state lines. The
section establishes a task force to inform the Secretary on the
parameters of the pilot program prior to its establishment.
Section 5405. Veterans expanded trucking opportunities
This section authorizes physicians employed by the U.S.
Department of Veterans Affairs to certify the fitness of and
provide a medical certificate to veterans with commercial
driver's licenses.
Subtitle E--General Provisions
Section 5501. Minimum financial responsibility
This section requires the Secretary to consider several
factors prior to issuing a final rule that would change minimum
insurance requirements for commercial trucks. It also requires
the Secretary to conduct a study of current levels of minimum
insurance for commercial buses prior to initiating a rulemaking
that would change such levels.
Section 5502. Delays in goods movement
This section requires the Inspector General to report on
the impacts of delays in the pick-up and delivery of goods by
motor carriers and drivers and make recommendations to Congress
on ways to mitigate the delays. It also requires the Secretary
to establish a process to collect data on delays.
The Committee intends this provision to be carried out to
identify delays experienced by commercial motor vehicle
drivers, including during the loading and unloading of goods at
shipper and receiver facilities. The Committee does not intend
this provision to measure productivity at ports.
Section 5503. Report on motor carrier financial responsibility
This section requires the Secretary to publish a report
prior to April 1, 2016 on the current levels of minimum
insurance for commercial trucks.
Section 5504. Emergency route working group
This section establishes a temporary working group to
advise the Secretary on ways to expedite the response time by
utility and other vehicles providing emergency response and
restoration to disaster zones. The Secretary is required to
inform Congress on the actions that will be taken to implement
the recommendations of the working group.
Section 5505. Household goods consumer protection working group
This section establishes a temporary working group to
advise the Secretary on ways to improve public understanding of
household goods movement and consumer protections.
Section 5506. Technology improvements
This section requires the GAO to report to Congress on ways
to improve FMSCA's information technology and data collection
systems.
Section 5507. Notification regarding motor carrier registration
This section requires the Secretary to inform Congress on
the actions that will be taken to reduce delays in the
registration of new motor carriers.
Section 5508. Report on commercial driver's license skills test delays
This section requires the Administrator of the FMCSA to
report to Congress on the delays experienced by individuals
seeking to take the skills test portion of their commercial
driver's license exam and what actions the Administrator is
taking to address the delays.
Section 5509. Covered farm vehicles
This section clarifies current law to ensure that states do
not lose federal transportation funding when enacting state
laws or regulations that provide exemptions or other minimum
standards for operation of farm vehicles, including drivers of
those vehicles, that are less stringent than the standards
established for commercial motor vehicles and drivers under
federal transportation laws and regulations.
In implementing Section 32934 of MAP-21, FMCSA determined
that the language in subsection (b) which ensures that federal
transportation funds to a state would ``not be terminated,
limited, or otherwise interfered with'', only applied with
respect to the exemptions enumerated in subsection (a) and not
with respect to any further exemption or other minimum standard
imposed by state law or regulation. This section clarifies that
states which enact laws or regulations that exempt or impose
other minimum standards beyond those enumerated in subsection
(a) for farm vehicles and the drivers of such vehicles will not
lose federal transportation funds. FMCSA reviewed this section
and informed the Committee that it will be implemented in the
manner described above.
Section 5510. Operators of hi-rail vehicles
This section ensures that up to two hours (and no more than
30 hours per month) of the time spent by an operator of a hi-
rail vehicle driving to or from a duty assignment does not
count toward the total ``on-duty'' time with respect to FMCSA's
hours of service regulations. It also ensures that such drivers
may respond to an emergency situation without violating such
hours of service regulations.
Section 5511. Electronic logging device requirements
This section clarifies that motor carriers transporting
motor homes or recreational vehicles to dealers or customers
can continue to comply with the hours of service record of duty
status requirements with a paper form.
Section 5512. Technical corrections
This section makes technical corrections to title 49,
United States Code, and other motor carrier laws.
Section 5513. Automobile transporter
This section prohibits states from imposing a limitation of
less than 80 feet on the length of a stinger steered automobile
transporter operating on the NHS and certain other roads.
Section 5514. Ready mix concrete delivery vehicles
This section clarifies that drivers of ready mix concrete
trucks can utilize the hours of service 100 air-mile radius
logbook exemption as long as such drivers do not exceed 14
consecutive hours of on-duty time per shift.
Title VI--Innovation
Section 6001. Short title
This section titles the bill, the ``Transportation for
Tomorrow Act of 2015.''
Section 6002. Authorization of appropriations
This section authorizes funds through fiscal year 2021 for
the innovation and research activities overseen by the USDOT.
This section would authorize sums out of the Highway Account of
the Highway Trust Fund for the Highway Research and Development
Program, Technology and Innovation Deployment Program, training
and education, Intelligent Transportation Systems (ITS)
Program, University Transportation Centers (UTC), and the
Bureau of Transportation Statistics.
Section 6003. Advanced transportation and congestion management
technologies deployment
This section establishes a competitive grant program to
deploy advanced transportation and congestion management
technologies in order to support innovative solutions to
transportation challenges.
Section 6004. Technology and innovation deployment program
This section updates the technology and innovation
deployment program and requires a transparency report on the
cost and benefits of deployment activities under this chapter.
Section 6005. Intelligent transportation system goals
This section updates the goals of ITS activities to
acknowledge the role of ITS in the movement of freight.
Section 6006. Intelligent transportation system program report
This section requires that the report on the ITS activities
at USDOT be published on an USDOT website.
Section 6007. Intelligent transportation system national architecture
and standards
This section updates the eligible entities that can
participate in standards development activities for ITS.
Section 6008. Communication systems deployment report
This section requires a publically-available report on
vehicle-to-vehicle and vehicle-and-infrastructure
communications systems deployment.
Section 6009. Infrastructure development
This section reaffirms that the funds made available for
ITS activities should be focused on only that, and not be
diverted for construction of physical infrastructure. This
section also reestablishes a previous restriction on the use of
ITS research funding for construction projects.
Section 6010. Departmental research programs
This section codifies the research activities of the USDOT
in the Office of Assistant Secretary for Research and
Technology.
Section 6011. Research and Innovative Technology Administration
This section repeals the defunct Research and Innovative
Technology Administration, which was elevated to the Office of
Assistant Secretary for Research and Technology in the previous
section.
Section 6012. Office of Intermodalism
This section repeals the defunct Office of Intermodalism at
USDOT.
Section 6013. University transportation centers
This section reauthorizes the competitive grants to UTCs.
This section also maximizes research results by focusing on
consortia; clarifies awards terms; reflects that there are no
longer any FTA funds directed to the UTC Program; includes
outreach to minorities and women as a consideration for awards,
expands the current consideration of minority institutions from
tier one to all awards, and provides flexible grant award
amounts.
Section 6014. Bureau of Transportation statistics
This section makes minor technical corrections and includes
language that affirms the impartiality of the Bureau of
Transportation Statistics as a statistical entity.
Section 6015. Surface transportation system funding alternatives
This section establishes a competitive grant program for
states to demonstrate alternative funding mechanisms in order
to provide valuable feedback on the ability of these mechanisms
to fund surface transportation projects and programs.
Section 6016. Future interstate study
This section authorizes the National Academy of Science's
Transportation Research Board to carry out a study on the
actions needed to take care of the Interstate System. It
directs that the plan include recommendations regarding the
features, standards, capacity needs, application of
technologies, and investment that will be required to upgrade
the Interstate System to meet future needs.
Section 6017. Highway efficiency
This section provides the Secretary with the authority to
carry out research regarding pavement resilience.
Section 6018. Motorcycle safety
This section provides the Secretary the authority to enter
in to an agreement with the National Academies of Science to
conduct a study on the most effective means of preventing
motorcycle crashes.
Section 6019. Hazardous material research and development
This section adds coordination with other federal agencies
to hazardous material research. Additionally, this section
provides the Secretary the authority to enter in to cooperative
research agreements with the National Academies to carry out
research on hazardous materials transportation.
Section 6020. Web-based Training for emergency responders
This section adds online curriculum to the training for
emergency responders.
Section 6021. Transportation technology policy working group
This section provides the Assistant Secretary for Research
and Technology the authority to convene a working group to
promote interagency cooperation for transportation research.
Section 6022. Collaboration and support
This section supports increased collaboration between
federal research agencies and national laboratories.
Section 6023. Prize competitions
This section updates surface transportation research,
development, and technology to conform to other federal prize
competition law.
Section 6024. GAO report
This section requires that the GAO make an evaluation of
the USDOT's ability to address emerging transportation
technologies.
Section 6025. Intelligent Transportation System Purposes
This section adds cooperation between modal administrations
and other federal agencies to promote cyber security standards
for the Intelligent Transportation System Purposes of the
USDOT.
Section 6026. Infrastructure integrity
This section adds corrosion prevention measures to
infrastructure integrity research efforts that may be
undertaken by the Secretary.
Title VII--Hazardous Materials Transportation
Section 7001. Short title
This section titles the bill, the ``Hazardous Materials
Transportation Safety Improvement Act of 2015.''
Section 7002. Authorization of appropriations
This section authorizes hazmat safety and grant programs
for fiscal years 2016 through 2021 at baseline levels. Given
current balances in the hazardous material emergency
preparedness grant program fund, the Committee believes that
such authorizations plus elimination of a provision that
unintentionally resulted in PHMSA de-obligating certain grant
funding for states and Indian tribes will not require an
increase in fees on industry.
Section 7003. National emergency and disaster response
This section streamlines the process by which PHMSA can
approve hazmat transportation during national emergencies. This
provision will allow for hazmat products to be moved quicker in
and out of federally declared natural disaster areas while
ensuring safety.
Section 7004. Enhanced reporting
This section makes a report on the overall transportation
of hazardous materials (e.g., enforcement activities, permits,
incidents, and accidents) public on USDOT's website, rather
than just a transmittal to Congress. This will allow the public
to access this information.
Section 7005. Wetlines
This section requires PHMSA to withdraw the notice of
proposed rulemaking issued on January 27, 2011, entitled
``Safety Requirements for External Product Piping on Cargo
Tanks Transporting Flammable Liquids'', i.e., the ``wetlines''
rulemaking. A MAP-21-mandated GAO report found that PHMSA did
not have sufficient data to analyze the costs and benefits of
the proposed rulemaking. The section includes a safety clause
assuring PHMSA retains the authority to issue regulations on
wetlines, following withdrawal of the rule.
Section 7006. Improving publication of special permits and approvals
This section makes changes to speed up the process and add
transparency to PHMSA's procedures for approving special
permits and approvals. Delays in processing special permits and
approvals can have significant effects on innovation and the
competitiveness of American companies. Special permits are
designed to allow individuals to transport hazardous materials
in new and innovative ways that are not contemplated by the
regulations, so long as those means of transportation provide
an equivalent level of safety. Approvals are what certain
hazardous materials, such as fireworks or explosives, need to
be transported throughout the country, because a means of
transport are not provided for under the regulations.
Therefore, to the extent a special permit or approval is
delayed, the competitiveness of the industries that need them
is affected. However, it is important to evaluate and consider
public comment on the safety effects of applications for
special permits and approvals prior to their issuance.
First, this section ensures that all applications for new
or modified special permits are made available in the Federal
Register. Further, any other special permit must be posted on
USDOT's website and allow for a comment period no longer than
15 days. This will ensure the public has notice of all special
permits filed with PHMSA. Similarly, the provision requires
that PHMSA notify the public at least every 120 days of the
final disposition of all special permits and approvals during
the preceding quarter. This creates greater transparency into
the processes for both special permits and approvals, so that
the public will better understand how hazardous materials are
being transported.
The section also shortens the timeframe by 60 days for
PHMSA to either dispose of a special permit or notify the
public of its reasoning for the delay. In current law, the
timeframe is 180 days and only applies to special permits, this
provision not only shortens that time period to 120 days, it
also expands the notification to include approvals. Overall, by
enhancing the transparency of the decision-making process and
including approvals along with special permits, the public will
have better insight into how hazardous materials are safely
transported throughout the country.
Section 7007. GAO study on acceptance of classification examinations
Currently, PHMSA has a process by which it approves
laboratories to conduct third-party classifications for certain
types of hazardous materials. Once a laboratory recommends a
certain classification, PHMSA must evaluate it for approval or
disapproval. This section directs the GAO to conduct a study,
which will be transmitted to the House Committee on
Transportation and Infrastructure Committee and the Senate
Committee on Commerce, Science, and Transportation, on the
standards, metrics, and protocols that the Secretary uses to
regulate the performance of persons approved to recommend
hazmat classifications, commonly referred to as third-party
labs. The Secretary, 120 days after completion of the study,
must then develop an action plan on how to improve the
classification examination process. If GAO recommends new
regulations in order for the Secretary to have confidence in
the accuracy of classification recommendations rendered by
third-party labs, the Secretary has 24 months for issuance.
Section 7008. Improving the effectiveness of planning and training
grants
This section would streamline the emergency response
planning and training grant program for states and Indian
tribes. Through this existing program, the Secretary makes
grants to states and Indian tribes, to develop, improve, and
carry out emergency plans; decide on the need for a regional
hazmat emergency response team; train hazmat instructors; and
train public sector employees to respond to accidents and
incidents involving hazardous materials.
This grant program has not been effective for many states
and Indian tribes because of the limited timeframe for which
funding is available and the inability of states to decide how
much grant funding to spend on training and planning. This
section fixes both of these concerns by empowering states and
Indian tribes to decide how much grant funding to spend on
planning and how much on training. It also allows states more
flexibility to spend grant funds by making them available until
expended. This section further amends the competitive hazardous
materials employee training grants under section 5107 to allow
for programs that train those who enforce hazardous materials
regulations to be eligible. These changes will empower states
and Indian tribes to better plan and train for hazardous
materials related incidents.
Section 7009. Motor carrier safety permits
The intent of the Hazardous Material Safety Permit (HMSP)
program was to reduce the frequency and severity of crashes by
carriers moving listed classes of hazardous materials. In MAP-
21, Congress required FMCSA to initiate a rulemaking to address
the deficiencies in the HMSP program. Despite recognition of
problems with the program in a report mandated by MAP-21, FMCSA
has said that it will not pursue the HMSP rulemaking mandated
by Congress until the agency finalizes the safety fitness
determination rulemaking. The rulemaking is expected to take
years to complete.
In the meantime, carriers are still at risk of being shut
down because the program lacks adequate due process. This
section would address this long-standing industry concern by
allowing carriers to submit corrective actions or other
documentation proving their safety worthiness, prior to FMCSA
denying a permit. This will ensure that many of these small
businesses are not shut down without an opportunity to first
take corrective action.
Section 7010. Thermal blankets
This section strengthens the safety of crude by rail
shipments by requiring 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 a \1/2\-inch
thick, insulated ``thermal blanket'' that is applied between
the outer surface of a tank car tank and the inner surface of a
tank car jacket, to ensure a tank car can survive pool fire and
provide appropriate protection to emergency responders in case
of fire.
This section enhances the May 2015, rulemaking released by
USDOT, which issued more stringent tank car standards to DOT-
117s. This section focuses on safety improvements that are
designed to mitigate consequences in the event of an accident
and support emergency response. Additionally, this section
allows the Secretary to approve new or alternative technologies
or materials that become available and provide a level of
safety at least equivalent to the level provided.
Section 7011. Comprehensive oil spill response plans
This section improves crude by rail safety measures by
requiring each railroad carrier transporting a Class 3
flammable liquid to maintain a comprehensive oil spill response
plan. The response plan will consist of response procedures,
including equipment for responding to a worst case scenario
discharge; planning and response measures consistent with the
National Contingency Plan and applicable Area Contingency Plan;
include appropriate notification and training procedures and
other procedures for coordinating with federal, state, and
local emergency responders; and review and update its plan in
appropriate manner.
Additionally, this section requires the Secretary to
maintain each railroad carriers' oil spill response plan on
file and provide a copy to any person upon request, excluding
proprietary or security sensitive information.
Section 7012. Information on High-Hazard Flammable Trains
This section requires the Secretary to issue regulations
requiring railroads carriers to notify SERCs regarding movement
of High Hazard Flammable Trains (HHFT). The Secretary is to
include in the rulemaking proper protection from public release
of such information. Such regulations shall not prohibit the
disclosure of such information to officials of emergency
response and planning organizations or others with a ``need to
know'' as defined under such regulations.
On May 1, 2015, USDOT released the Enhanced Tank Car
Standards and Operational Controls for High-Hazard Flammable
Trains Final Rule (PHMSA-2012-0082)(HHFT Rule). This rule
defined an HHFT as a continuous block of 20 or more tank cars
loaded with a flammable liquid or 35 or more tank cars loaded
with a flammable liquid dispersed through a train. Prior to
this final rule, USDOT released Emergency Order Docket No. DOT-
OST-2014-0067, which required railroads to supply SERCs with
information of HHFT movements within their state. After
publication, USDOT clarified that it expected that states would
not make security-sensitive or proprietary information public.
This section would require USDOT to conduct a rulemaking to
make the Emergency Order permanent, but also ensure that
security-sensitive and proprietary information be protected.
Section 7013. Study and testing of electronically-controlled pneumatic
brakes
This section requires the GAO to conduct a study on the
data on the effectiveness, use, costs, and benefits of
electronically-controlled pneumatic (ECP) brake systems, and
report to Congress on its results. This section also requires
the National Academy of Sciences to conduct testing, including
a derailment scenario, on the performance of ECP brakes.
The HHFT Rule requires that railroads operate high hazard
flammable unit trains (defined as a train comprised of 70 or
more loaded tank cars containing Class 3 flammable liquids)
with ECP braking systems by January 1, 2021, if at least one
Packing Group 1 flammable liquid is being transported. All
other high hazard flammable unit trains would need to be
operated with ECP brakes by May 1, 2023.
ECP braking systems have not been used extensively in the
United States, and there is limited data and testing on their
effectiveness during derailments. This section would test their
application in such a scenario. Based on the results of the
testing, the Secretary is then required to update its
regulatory impact analysis and determine whether to retain or
repeal the ECP brake requirement contained in the recent
Enhanced Tank Car Standards and Operational Controls for HHFT
Rule.
Section 7014. Ensuring safe implementation of positive train control
systems
This section extends the deadline by which freight,
passenger, and commuter railroads are required to implement
Positive Train Control (PTC) systems on certain lines carrying
toxic-by-inhalation hazardous (TIH) materials, or on which
regularly scheduled intercity passenger or commuter rail
services are provided. The Rail Safety Improvement Act of 2008
(P.L. 110-432, Division A) mandated that PTC, a communications-
based system designed to prevent certain rail accidents, be
implemented by December 31st, 2015. Due to a host of technical,
programmatic, and financial challenges (with respect to
publicly-funded entities), almost all railroads will not
complete implementation by December 31, 2015.
This section would extend the full implementation deadline
to December 31, 2018. Railroads would be required to revise
their PTC implementation plans to reflect this new deadline,
including detailed milestones and metrics to allow USDOT,
Congress, and the public to monitor railroads' progress towards
implementation. If railroads cannot meet the 2018 deadline,
they may request additional time, not to exceed 24 months
beyond December 31, 2018, but as soon as practicable.
The Secretary may only grant additional time if certain
milestones have been completed, such as full installation of
equipment, full acquisition of necessary spectrum, and in the
case of Class 1 railroads and Amtrak, at least a majority of a
railroad's route miles must have PTC in revenue service
demonstration or fully implemented. Other railroads and
entities must be in revenue service demonstration or have fully
implemented PTC on at least one territory or meet other
criteria established by the Secretary. A railroad will notify
the Secretary when it has completed the necessary milestones
and is ready for review, and USDOT will assess each railroad's
request on a case-by-case basis.
All railroads must report annually on progress against
their overall revised plans, and those progress reports will be
made public. DOT is also required to continually review and
report to the public and Congress on the railroads' progress
toward PTC implementation.
Section 7015. Phase-out of all tank cars used to transport Class 3
flammable liquids
This section would require that all tank cars carrying
Class 3 flammable liquids be required to meet the DOT-117 or
DOT-117R tank car specifications.
On May 1, 2015, USDOT released the Enhanced Tank Car
Standards and Operational Controls for High-Hazard Flammable
Trains Final Rule (PHMSA-2012-0082). This rule set dates by
which certain flammable liquids would be required to be
transported in new DOT-117 or DOT-117R tank car specifications,
if carried in a High-Hazard Flammable Train (HHFT), which is
defined as a continuous block of 20 or more tank cars loaded
with a flammable liquid or 35 or more tank cars loaded with a
flammable liquid dispersed through a train. The rule set for a
schedule under which certain types of flammable liquids,
identified by packing group, would be no longer able to be
transported in various types of legacy DOT-111 or CPC-1232 tank
cars.
While the final rule will result in the retirement or
retrofit of the vast majority of legacy tank cars, upwards of
35,000 tank cars would not be retired or retrofitted under the
final rule because such cars would not be transported in
sufficient quantity to reach the HHFT thresholds. Therefore,
this section would require the remainder of the Class 3
flammable liquids (other than unrefined petroleum products,
including crude oil, and ethanol) to be transported in DOT-117
or DOT-117R tank cars by May 1, 2025 for Packing Group I, and
May 1, 2029 for Packing Groups II and III. The section also
provides the Secretary authority to adjust those deadlines by a
period not to exceed two years if the Secretary finds there is
insufficient shop capacity. This section also codifies the
phase-out schedule for unrefined petroleum products, including
crude oil, and ethanol.
TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
Section 8001. Multimodal freight transportation
This section establishes a national multimodal freight
policy with the goal of implementing policies, infrastructure
improvements, and operational innovations that will improve the
efficient movement of goods across all modes of transportation.
The section also establishes a national freight strategic plan
and designates a National Multimodal Freight Network, including
strategic highway, rail, port, inland waterway, and aviation
assets. Further, this section encourages each state to
establish a freight advisory committee with representatives
from a cross-section of public and private sector freight
stakeholders, and requires each state to develop a freight
plan, separately from or as part of the state's larger
transportation plan.
TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Section 9001. National Surface Transportation and Innovative Finance
Bureau
This section establishes the National Surface
Transportation and Innovative Finance Bureau (Bureau) within
the USDOT, which serves as a one-stop-shop for states and local
governments, to receive federal funding or financing
assistance, as well as technical assistance, in order to move
forward with complex surface transportation projects. This
section directs the Bureau to administer the application
process for various competitive grant programs and credit
assistance programs; promote innovative financing best
practices; reduce uncertainty and delays with environmental
reviews and permitting; reduce costs and risks to taxpayers in
project delivery and procurement; and carry out various multi-
modal freight activities. Lastly, this section gives the
Secretary the authority to consolidate or eliminate different
offices within USDOT.
Section 9002. Council on Credit and Finance
This section establishes a Council on Credit and Finance
(Council) within USDOT. This section requires the Council to
review applications for various competitive grant programs and
credit assistance programs and then make recommendations to the
Secretary about which applications should receive federal
funding or financing assistance.
TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Section 10001. Allocations
This section reauthorizes expenditure authority for the
Dingell-Johnson Sport Fish Restoration Act through FY 2021. It
also combines Clean Vessel Act (CVA) Grants and Boating
Infrastructure Grants (BIG) into a single Boating
Infrastructure Improvement grant program. This consolidation
reduces administrative costs and increases the states'
flexibility in choosing boating infrastructure projects without
restricting the choices of projects types from which the states
can choose. This section provides parity for the Coast Guard by
establishing a set-aside for the Service's administrative
expenses. Finally, this section makes adjustments to the
apportionment of funds available to ensure funding for grant
programs are not reduced as the result of reforms made to the
treatment of administrative expenses.
The majority of the USFWS's grants management work with
state fish and wildlife agencies occurs at the regional level.
As a result, the Committee directs the USFWS to prioritize the
use of administrative funds by regional offices to improve
grant administration timeliness and responsiveness to state
fish and wildlife agencies.
Section 10002. Recreational boating safety
This section clarifies the authorized uses for the funds
set aside for Coast Guard administrative expenses.
The Committee understands that funds provided under Section
10001 are sufficient to pay the salaries and expenses of some,
but not all, of the personnel whose duties exclusively involve
boating safety, but who are currently funded out of the
Service's Operating Expenses account. Under the authority
provided by this section, the Committee expects the Coast Guard
to use the additional funds provided under Section 10001 to pay
only the salaries and expenses of personnel whose duties
exclusively involve boating safety.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
Sec.
101. Definitions and declaration of policy.
* * * * * * *
105. Adjustments to contract authority.
* * * * * * *
117. Nationally significant freight and highway projects.
* * * * * * *
[133. Surface transportation program.]
133. Surface transportation block grant program.
* * * * * * *
151. National electric vehicle charging, hydrogen, and natural gas
fueling corridors.
* * * * * * *
[167. National freight program. ]
167. National highway freight policy.
* * * * * * *
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(1) Apportionment.--The term ``apportionment''
includes unexpended apportionments made under prior
authorization laws.
(2) Asset management.--The term ``asset management''
means a strategic and systematic process of operating,
maintaining, and improving physical assets, with a
focus on both engineering and economic analysis based
upon quality information, to identify a structured
sequence of maintenance, preservation, repair,
rehabilitation, and replacement actions that will
achieve and sustain a desired state of good repair over
the lifecycle of the assets at minimum practicable
cost.
(3) Carpool project.--The term ``carpool project''
means any project to encourage the use of carpools and
vanpools, including provision of carpooling
opportunities to the elderly and individuals with
disabilities, systems for locating potential riders and
informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway
lanes as preferential carpool highway lanes, providing
related traffic control devices, designating existing
facilities for use for preferential parking for
carpools, and real-time ridesharing projects, such as
projects where drivers, using an electronic transfer of
funds, recover costs directly associated with the trip
provided through the use of location technology to
quantify those direct costs, subject to the condition
that the cost recovered does not exceed the cost of the
trip provided.
(4) Construction.--The term ``construction'' means
the supervising, inspecting, actual building, and
incurrence of all costs incidental to the construction
or reconstruction of a highway or any project eligible
for assistance under this title, including bond costs
and other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing
instruments and costs incurred by the State in
performing Federal-aid project related audits that
directly benefit the Federal-aid highway program. Such
term includes--
(A) preliminary engineering, engineering, and
design-related services directly relating to
the construction of a highway project,
including engineering, design, project
development and management, construction
project management and inspection, surveying,
mapping (including the establishment of
temporary and permanent geodetic control in
accordance with specifications of the National
Oceanic and Atmospheric Administration), and
architectural-related services;
(B) reconstruction, resurfacing, restoration,
rehabilitation, and preservation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
(E) elimination of hazards of railway-highway
grade crossings;
(F) elimination of roadside hazards;
(G) improvements that directly facilitate and
control traffic flow, such as grade separation
of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; and
(H) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses.
(5) County.--The term ``county'' includes
corresponding units of government under any other name
in States that do not have county organizations and, in
those States in which the county government does not
have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
(6) Federal-aid highway.--The term ``Federal-aid
highway'' means a public highway eligible for
assistance under this chapter other than a highway
functionally classified as a local road or rural minor
collector.
(7) Federal lands access transportation facility.--
The term ``Federal Lands access transportation
facility'' means a public highway, road, bridge, trail,
or transit system that is located on, is adjacent to,
or provides access to Federal lands for which title or
maintenance responsibility is vested in a State,
county, town, township, tribal, municipal, or local
government.
(8) Federal lands transportation facility.--The term
``Federal lands transportation facility'' means a
public highway, road, bridge, trail, or transit system
that is located on, is adjacent to, or provides access
to Federal lands for which title and maintenance
responsibility is vested in the Federal Government, and
that appears on the national Federal lands
transportation facility inventory described in section
203(c).
(9) Forest development roads and trails.--The term
``forest development roads and trails'' means forest
roads and trails under the jurisdiction of the Forest
Service.
(10) Forest road or trail.--The term ``forest road or
trail'' means a road or trail wholly or partly within,
or adjacent to, and serving the National Forest System
that is necessary for the protection, administration,
and utilization of the National Forest System and the
use and development of its resources.
(11) Highway.--The term ``highway'' includes--
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway
crossing, tunnel, drainage structure including
public roads on dams, sign, guardrail, and
protective structure, in connection with a
highway; and
(C) a portion of any interstate or
international bridge or tunnel and the
approaches thereto, the cost of which is
assumed by a State transportation department,
including such facilities as may be required by
the United States Customs and Immigration
Services in connection with the operation of an
international bridge or tunnel.
(12) Interstate System.--The term ``Interstate
System'' means the Dwight D. Eisenhower National System
of Interstate and Defense Highways described in section
103(c).
(13) Maintenance.--The term ``maintenance'' means the
preservation of the entire highway, including surface,
shoulders, roadsides, structures, and such traffic-
control devices as are necessary for safe and efficient
utilization of the highway.
(14) Maintenance area.--The term ``maintenance area''
means an area that was designated as an air quality
nonattainment area, but was later redesignated by the
Administrator of the Environmental Protection Agency as
an air quality attainment area, under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)).
(15) National highway freight network.--The term
``National Highway Freight Network'' means the National
Highway Freight Network established under section 167.
[(15)] (16) National Highway System.--The term
``National Highway System'' means the Federal-aid
highway system described in section 103(b).
[(16)] (17) Operating costs for traffic monitoring,
management, and control.--The term ``operating costs
for traffic monitoring, management, and control''
includes labor costs, administrative costs, costs of
utilities and rent, and other costs associated with the
continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
[(17)] (18) Operational improvement.--The term
``operational improvement''--
(A) means (i) a capital improvement for
installation of traffic surveillance and
control equipment, computerized signal systems,
motorist information systems, integrated
traffic control systems, incident management
programs, and transportation demand management
facilities, strategies, and programs, and (ii)
such other capital improvements to public roads
as the Secretary may designate, by regulation;
and
(B) does not include resurfacing, restoring,
or rehabilitating improvements, construction of
additional lanes, interchanges, and grade
separations, and construction of a new facility
on a new location.
[(18)] (19) Project.--The term ``project'' means any
undertaking eligible for assistance under this title.
[(19)] (20) Project agreement.--The term ``project
agreement'' means the formal instrument to be executed
by the Secretary and the recipient as required by
section 106.
[(20)] (21) Public authority.--The term ``public
authority'' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
[(21)] (22) Public road.--The term ``public road''
means any road or street under the jurisdiction of and
maintained by a public authority and open to public
travel.
[(22)] (23) Rural areas.--The term ``rural areas''
means all areas of a State not included in urban areas.
[(23)] (24) Safety improvement project.--The term
``safety improvement project'' means a strategy,
activity, or project on a public road that is
consistent with the State strategic highway safety plan
and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a
highway safety problem.
[(24)] (25) Secretary.--The term ``Secretary'' means
Secretary of Transportation.
[(25)] (26) State.--The term ``State'' means any of
the 50 States, the District of Columbia, or Puerto
Rico.
[(26)] (27) State funds.--The term ``State funds''
includes funds raised under the authority of the State
or any political or other subdivision thereof, and made
available for expenditure under the direct control of
the State transportation department.
[(27)] (28) State strategic highway safety plan.--The
term ``State strategic highway safety plan'' has the
same meaning given such term in section 148(a).
[(28)] (29) State transportation department.--The
term ``State transportation department'' means that
department, commission, board, or official of any State
charged by its laws with the responsibility for highway
construction.
[(29) Transportation alternatives.--The term
``transportation alternatives'' means any of the
following activities when carried out as part of any
program or project authorized or funded under this
title, or as an independent program or project related
to surface transportation:
[(A) Construction, planning, and design of
on-road and off-road trail facilities for
pedestrians, bicyclists, and other nonmotorized
forms of transportation, including sidewalks,
bicycle infrastructure, pedestrian and bicycle
signals, traffic calming techniques, lighting
and other safety- related infrastructure, and
transportation projects to achieve compliance
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
[(B) Construction, planning, and design of
infrastructure-related projects and systems
that will provide safe routes for non-drivers,
including children, older adults, and
individuals with disabilities to access daily
needs.
[(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians,
bicyclists, or other nonmotorized
transportation users.
[(D) Construction of turnouts, overlooks, and
viewing areas.
[(E) Community improvement activities,
including--
[(i) inventory, control, or removal
of outdoor advertising;
[(ii) historic preservation and
rehabilitation of historic
transportation facilities;
[(iii) vegetation management
practices in transportation rights-of-
way to improve roadway safety, prevent
against invasive species, and provide
erosion control; and
[(iv) archaeological activities
relating to impacts from implementation
of a transportation project eligible
under this title.
[(F) Any environmental mitigation activity,
including pollution prevention and pollution
abatement activities and mitigation to--
[(i) address stormwater management,
control, and water pollution prevention
or abatement related to highway
construction or due to highway runoff,
including activities described in
sections 133(b)(11), 328(a), and 329;
or
[(ii) reduce vehicle-caused wildlife
mortality or to restore and maintain
connectivity among terrestrial or
aquatic habitats.]
(30) Transportation systems management and
operations.--
(A) In general.--The term ``transportation
systems management and operations'' means
integrated strategies to optimize the
performance of existing infrastructure through
the implementation of multimodal and
intermodal, cross-jurisdictional systems,
services, and projects designed to preserve
capacity and improve security, safety, and
reliability of the transportation system.
(B) Inclusions.--The term ``transportation
systems management and operations'' includes--
(i) actions such as traffic detection
and surveillance, corridor management,
freeway management, arterial
management, active transportation and
demand management, work zone
management, emergency management,
traveler information services,
congestion pricing, parking management,
automated enforcement, traffic control,
commercial vehicle operations, freight
management, and coordination of
highway, rail, transit, bicycle, and
pedestrian operations; and
(ii) coordination of the
implementation of regional
transportation system management and
operations investments (such as traffic
incident management, traveler
information services, emergency
management, roadway weather management,
intelligent transportation systems,
communication networks, and information
sharing systems) requiring agreements,
integration, and interoperability to
achieve targeted system performance,
reliability, safety, and customer
service levels.
(31) Tribal transportation facility.--The term
``tribal transportation facility'' means a public
highway, road, bridge, trail, or transit system that is
located on or provides access to tribal land and
appears on the national tribal transportation facility
inventory described in section 202(b)(1).
(32) Truck stop electrification system.--The term
``truck stop electrification system'' means a system
that delivers heat, air conditioning, electricity, or
communications to a heavy-duty vehicle.
(33) Urban area.--The term ``urban area'' means an
urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the
urbanized area in each such State, or urban place as
designated by the Bureau of the Census having a
population of 5,000 or more and not within any
urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation
with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the
Census, except in the case of cities in the State of
Maine and in the State of New Hampshire.
(34) Urbanized area.--The term ``urbanized area''
means an area with a population of 50,000 or more
designated by the Bureau of the Census, within
boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall
encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the
Census.
(b) Declaration of Policy.--
(1) Acceleration of construction of Federal-aid
highway systems.--Congress declares that it is in the
national interest to accelerate the construction of
Federal-aid highway systems, including the Dwight D.
Eisenhower National System of Interstate and Defense,
because many of the highways (or portions of the
highways) are inadequate to meet the needs of local and
interstate commerce for the national and civil defense.
(2) Completion of interstate system.--Congress
declares that the prompt and early completion of the
Dwight D. Eisenhower National System of Interstate and
Defense Highways (referred to in this section as the
``Interstate System''), so named because of its primary
importance to the national defense, is essential to the
national interest. It is the intent of Congress that
the Interstate System be completed as nearly as
practicable over the period of availability of the
forty years' appropriations authorized for the purpose
of expediting its construction, reconstruction, or
improvement, inclusive of necessary tunnels and
bridges, through the fiscal year ending September 30,
1996, under section 108(b) of the Federal-Aid Highway
Act of 1956 (70 Stat. 374), and that the entire system
in all States be brought to simultaneous completion.
Insofar as possible in consonance with this objective,
existing highways located on an interstate route shall
be used to the extent that such use is practicable,
suitable, and feasible, it being the intent that local
needs, to the extent practicable, suitable, and
feasible, shall be given equal consideration with the
needs of interstate commerce.
(3) Transportation needs of 21st Century.--Congress
declares that--
(A) it is in the national interest to
preserve and enhance the surface transportation
system to meet the needs of the United States
for the 21st Century;
(B) the current urban and long distance
personal travel and freight movement demands
have surpassed the original forecasts and
travel demand patterns are expected to continue
to change;
(C) continued planning for and investment in
surface transportation is critical to ensure
the surface transportation system adequately
meets the changing travel demands of the
future;
(D) among the foremost needs that the surface
transportation system must meet to provide for
a strong and vigorous national economy are
safe, efficient, and reliable--
(i) national and interregional
personal mobility (including personal
mobility in rural and urban areas) and
reduced congestion;
(ii) flow of interstate and
international commerce and freight
transportation; and
(iii) travel movements essential for
national security;
(E) special emphasis should be devoted to
providing safe and efficient access for the
type and size of commercial and military
vehicles that access designated National
Highway System intermodal freight terminals;
(F) the connection between land use and
infrastructure is significant;
(G) transportation should play a significant
role in promoting economic growth, improving
the environment, and sustaining the quality of
life; and
(H) the Secretary should take appropriate
actions to preserve and enhance the Interstate
System to meet the needs of the 21st Century.
(4) Expedited project delivery.--
(A) In general.--Congress declares that it is
in the national interest to expedite the
delivery of surface transportation projects by
substantially reducing the average length of
the environmental review process.
(B) Policy of the United States.--
Accordingly, it is the policy of the United
States that--
(i) the Secretary shall have the lead
role among Federal agencies in carrying
out the environmental review process
for surface transportation projects;
(ii) each Federal agency shall
cooperate with the Secretary to
expedite the environmental review
process for surface transportation
projects;
(iii) project sponsors shall not be
prohibited from carrying out
preconstruction project development
activities concurrently with the
environmental review process;
(iv) programmatic approaches shall be
used to reduce the need for project-by-
project reviews and decisions by
Federal agencies; and
(v) the Secretary shall identify
opportunities for project sponsors to
assume responsibilities of the
Secretary where such responsibilities
can be assumed in a manner that
protects public health, the
environment, and public participation.
(c) It is the sense of Congress that under existing law no
part of any sums authorized to be appropriated for expenditure
upon any Federal-aid highway which has been apportioned
pursuant to the provisions of this title shall be impounded or
withheld from obligation, for purposes and projects as provided
in this title, by any officer or employee in the executive
branch of the Federal Government, except such specific sums as
may be determined by the Secretary of the Treasury, after
consultation with the Secretary of Transportation, are
necessary to be withheld from obligation for specific periods
of time to assure that sufficient amounts will be available in
the Highway Trust Fund to defray the expenditures which will be
required to be made from such fund.
(d) No funds authorized to be appropriated from the Highway
Trust Fund shall be expended by or on behalf of any Federal
department, agency, or instrumentality other than the Federal
Highway Administration unless funds for such expenditure are
identified and included as a line item in an appropriation Act
and are to meet obligations of the United States heretofore or
hereafter incurred under this title attributable to the
construction of Federal-aid highways or highway planning,
research, or development, or as otherwise specifically
authorized to be appropriated from the Highway Trust Fund by
Federal-aid highway legislation.
(e) It is the national policy that to the maximum extent
possible the procedures to be utilized by the Secretary and all
other affected heads of Federal departments, agencies, and
instrumentalities for carrying out this title and any other
provision of law relating to the Federal highway programs shall
encourage the substantial minimization of paperwork and
interagency decision procedures and the best use of available
manpower and funds so as to prevent needless duplication and
unnecessary delays at all levels of government.
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
[(1) In general.--There are 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) $454,180,326 for fiscal year 2013; and
[(B) $440,000,000 for fiscal year 2014.]
(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 $440,000,000 for each of fiscal
years 2016 through 2021.
(2) Purposes.--The amounts authorized to be
appropriated by this subsection shall be used--
(A) to administer the provisions of law to be
funded from appropriations for the Federal-aid
highway program and programs authorized under
chapter 2;
(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office
of Inspector General of the Department of
Transportation for the conduct of annual audits
of financial statements in accordance with
section 3521 of title 31.
(3) Availability.--The amounts made available under
paragraph (1) shall remain available until expended.
(b) [Division of State Apportionments Among Programs]
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 program] surface
transportation block grant program, the highway safety
improvement program, and the congestion mitigation and air
quality improvement program, and to carry out section 134 as
follows:
(1) National highway performance program.--For the
national highway performance program, 63.7 percent of
the amount remaining after distributing amounts under
paragraphs (4) and (5).
(2) [Surface transportation program] Surface
transportation block grant program._ For the [surface
transportation program] surface transportation block
grant program, 29.3 percent of the amount remaining
after distributing amounts under paragraphs (4) and
(5).
(3) Highway safety improvement program.--For the
highway safety improvement program, 7 percent of the
amount remaining after distributing amounts under
paragraphs (4) and (5).
(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program, an amount determined by
multiplying the amount of the base apportionment
determined for the State under subsection (c) by the
proportion that--
(A) the amount apportioned to the State for
the congestion mitigation and air quality
improvement program for fiscal year 2009; bears
to
(B) 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 the MAP-21.
(5) Metropolitan planning.--To carry out section 134,
an amount determined by multiplying the amount of the
base apportionment determined for the State under
subsection (c) by the proportion that--
(A) the amount apportioned to the State to
carry out section 134 for fiscal year 2009;
bears to
(B) 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 the MAP-21.
[(c) Calculation of State Amounts.--
[(1) For fiscal year 2013.--
[(A) Calculation of amount.--For fiscal year
2013, the amount for each State of combined
apportionments for the national highway
performance program under section 119, the
surface transportation program under section
133, the highway safety improvement program
under section 148, the congestion mitigation
and air quality improvement program under
section 149, and to carry out section 134 shall
be equal to the combined amount of
apportionments that the State received for
fiscal year 2012.
[(B) State apportionment.--On October 1 of
such fiscal year, the Secretary shall apportion
the sum authorized to be appropriated for
expenditure on the national highway performance
program under section 119, the surface
transportation program under section 133, the
highway safety improvement program under
section 148, the congestion mitigation and air
quality improvement program under section 149,
and to carry out section 134 in accordance with
subparagraph (A).
[(2) For fiscal year 2014.--
[(A) State share.--For fiscal year 2014, the
amount for each State of combined
apportionments for the national highway
performance program under section 119, the
surface transportation program under section
133, the highway safety improvement program
under section 148, the congestion mitigation
and air quality improvement program under
section 149, and to carry out section 134 shall
be determined as follows:
[(i) Initial amount.--The initial
amount for each State shall be
determined by multiplying the total
amount available for apportionment by
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 2012;
bears to
[(II) the amount of those
apportionments received by all
States for that fiscal year.
[(ii) Adjustments to amounts.--The
initial amounts resulting from the
calculation under clause (i) shall be
adjusted to ensure that, for each
State, the amount of combined
apportionments for the programs shall
not be less than 95 percent of the
estimated tax payments attributable to
highway users in the State paid into
the Highway Trust Fund (other than the
Mass Transit Account) in the most
recent fiscal year for which data are
available.
[(B) State apportionment.--On October 1 of
such fiscal year, the Secretary shall apportion
the sum authorized to be appropriated for
expenditure on the national highway performance
program under section 119, the surface
transportation program under section 133, the
highway safety improvement program under
section 148, the congestion mitigation and air
quality improvement program under section 149,
and to carry out section 134 in accordance with
subparagraph (A).]
(c) Calculation of Amounts.--
(1) State share.--For each of fiscal years 2016
through 2021, the amount for each State shall be
determined as follows:
(A) Initial amounts.--The initial amounts for
each State shall be determined by multiplying--
(i) each of--
(I) the base apportionment;
(II) supplemental funds
reserved under subsection
(h)(1) for the national highway
performance program; and
(III) supplemental funds
reserved under subsection
(h)(2) for the surface
transportation block grant
program; by
(ii) the share for each State, which
shall be equal to the proportion that--
(I) the amount of
apportionments that the State
received for fiscal year 2015;
bears to
(II) the amount of those
apportionments received by all
States for that fiscal year.
(B) Adjustments to amounts.--The initial
amounts resulting from the calculation under
subparagraph (A) shall be adjusted to ensure
that each State receives an aggregate
apportionment equal to at least 95 percent of
the estimated tax payments attributable to
highway users in the State paid into the
Highway Trust Fund (other than the Mass Transit
Account) in the most recent fiscal year for
which data are available.
(2) State apportionment.--On October 1 of fiscal
years 2016 through 2021, 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, and to carry out section 134 in accordance
with paragraph (1).
(d) Metropolitan Planning.--
(1) Use of amounts.--
(A) Use.--
(i) In general.--Except as provided
in clause (ii), the amounts apportioned
to a State under subsection (b)(5)
shall be made available by the State to
the metropolitan planning organizations
responsible for carrying out section
134 in the State.
(ii) States receiving minimum
apportionment.--A State that received
the minimum apportionment for use in
carrying out section 134 for fiscal
year 2009 may, subject to the approval
of the Secretary, use the funds
apportioned under subsection (b)(5) to
fund transportation planning outside of
urbanized areas.
(B) Unused funds.--Any funds that are not
used to carry out section 134 may be made
available by a metropolitan planning
organization to the State to fund activities
under section 135.
(2) Distribution of amounts within States.--
(A) In general.--The distribution within any
State of the planning funds made available to
organizations under paragraph (1) shall be in
accordance with a formula that--
(i) is developed by each State and
approved by the Secretary; and
(ii) takes into consideration, at a
minimum, population, status of
planning, attainment of air quality
standards, metropolitan area
transportation needs, and other factors
necessary to provide for an appropriate
distribution of funds to carry out
section 134 and other applicable
requirements of Federal law.
(B) Reimbursement.--Not later than 15
business days after the date of receipt by a
State of a request for reimbursement of
expenditures made by a metropolitan planning
organization for carrying out section 134, the
State shall reimburse, from amounts distributed
under this paragraph to the metropolitan
planning organization by the State, the
metropolitan planning organization for those
expenditures.
(3) Determination of population figures.--For the
purpose of determining population figures under this
subsection, the Secretary shall use the latest
available data from the decennial census conducted
under section 141(a) of title 13, United States Code.
(e) Certification of Apportionments.--
(1) In general.--The Secretary shall--
(A) on October 1 of each fiscal year, certify
to each of the State transportation departments
the amount that has been apportioned to the
State under this section for the fiscal year;
and
(B) to permit the States to develop adequate
plans for the use of amounts apportioned under
this section, advise each State of the amount
that will be apportioned to the State under
this section for a fiscal year not later than
90 days before the beginning of the fiscal year
for which the sums to be apportioned are
authorized.
(2) Notice to States.--If the Secretary has not made
an apportionment under this section for a fiscal year
beginning after September 30, 1998, by not later than
the date that is the twenty-first day of that fiscal
year, the Secretary shall submit, by not later than
that date, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, a written statement of the reason for not
making the apportionment in a timely manner.
(3) Apportionment calculations.--
(A) In general.--The calculation of official
apportionments of funds to the States under
this title is a primary responsibility of the
Department and shall be carried out only by
employees (and not contractors) of the
Department.
(B) Prohibition on use of funds to hire
contractors.--None of the funds made available
under this title shall be used to hire
contractors to calculate the apportionments of
funds to States.
(f) Transfer of Highway and Transit Funds.--
(1) Transfer of highway funds for transit projects.--
(A) In general.--Subject to subparagraph (B),
amounts made available for transit projects or
transportation planning under this title may be
transferred to and administered by the
Secretary in accordance with chapter 53 of
title 49.
(B) Non-Federal share.--The provisions of
this title relating to the non-Federal share
shall apply to the amounts transferred under
subparagraph (A).
(2) Transfer of transit funds for highway projects.--
(A) In general.--Subject to subparagraph (B),
amounts made available for highway projects or
transportation planning under chapter 53 of
title 49 may be transferred to and administered
by the Secretary in accordance with this title.
(B) Non-Federal share.--The provisions of
chapter 53 of title 49 relating to the non-
Federal share shall apply to amounts
transferred under subparagraph (A).
(3) Transfer of funds among States or to Federal
highway administration.--
(A) In general.--Subject to subparagraph (B),
the Secretary may, at the request of a State,
transfer amounts apportioned or allocated under
this title to the State to another State, or to
the Federal Highway Administration, for the
purpose of funding 1 or more projects that are
eligible for assistance with amounts so
apportioned or allocated.
(B) Apportionment.--The transfer shall have
no effect on any apportionment of amounts to a
State under this section.
(C) Funds suballocated to urbanized areas.--
Amounts that are apportioned or allocated to a
State under subsection (b)(3) (as in effect on
the day before the date of enactment of the
MAP-21) or subsection (b)(2) and attributed to
an urbanized area of a State with a population
of more than 200,000 individuals under section
133(d) may be transferred under this paragraph
only if the metropolitan planning organization
designated for the area concurs, in writing,
with the transfer request.
(4) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection
shall be transferred in the same manner and amount as
the amounts for the projects that are transferred under
this section.
[(g) Report to Congress.--For each fiscal year, the Secretary
shall make available to the public, in a user-friendly format
via the Internet, a report that describes--
[(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
[(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each
State by fiscal year under this section;
[(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
[(4) the rates of obligation of funds apportioned or
set aside under this section, according to--
[(A) program;
[(B) funding category of subcategory;
[(C) type of improvement;
[(D) State; and
[(E) sub-State geographical area, including
urbanized and rural areas, on the basis of the
population of each such area.]
(g) Highway Trust Fund Transparency and Accountability
Reports.--
(1) Compilation of data.--The Secretary shall compile
data in accordance with this subsection on the use of
Federal-aid highway funds made available under this
title.
(2) Requirements.--The Secretary shall ensure that
the reports required under this subsection are made
available in a user-friendly manner on the public
Internet Web site of the Department and can be searched
and downloaded by users of the Web site.
(3) Contents of reports.--
(A) Apportioned and allocated programs.--On a
semiannual basis, the Secretary shall make
available a report on funding apportioned and
allocated to the States under this title that
describes--
(i) the amount of funding obligated
by each State, year-to-date, for the
current fiscal year;
(ii) the amount of funds remaining
available for obligation by each State;
(iii) changes in the obligated,
unexpended balance for each State,
year-to-date, during the current fiscal
year, including the obligated,
unexpended balance at the end of the
preceding fiscal year and current
fiscal year expenditures;
(iv) the amount and program category
of unobligated funding, year-to-date,
available for expenditure at the
discretion of the Secretary;
(v) the rates of obligation on and
off the National Highway System, year-
to-date, for the current fiscal year of
funds apportioned, allocated, or set
aside under this section, according
to--
(I) program;
(II) funding category or
subcategory;
(III) type of improvement;
(IV) State; and
(V) sub-State geographical
area, including urbanized and
rural areas, on the basis of
the population of each such
area; and
(vi) the amount of funds transferred
by each State, year-to-date, for the
current fiscal year between programs
under section 126.
(B) Project data.--On an annual basis, the
Secretary shall make available a report that,
to the maximum extent possible, provides
project-specific data describing--
(i) for all projects funded under
this title (excluding projects for
which funds are transferred to agencies
other than the Federal Highway
Administration)--
(I) the specific location of
the project;
(II) the total cost of the
project;
(III) the amount of Federal
funding obligated for the
project;
(IV) the program or programs
from which Federal funds have
been obligated for the project;
(V) the type of improvement
being made; and
(VI) the ownership of the
highway or bridge; and
(ii) for any project funded under
this title (excluding projects for
which funds are transferred to agencies
other than the Federal Highway
Administration) with an estimated total
cost as of the start of construction in
excess of $100,000,000, the data
specified under clause (i) and
additional data describing--
(I) whether the project is
located in an area of the State
with a population of--
(aa) less than 5,000
individuals;
(bb) 5,000 or more
individuals but less
than 50,000
individuals;
(cc) 50,000 or more
individuals but less
than 200,000
individuals; or
(dd) 200,000 or more
individuals;
(II) the estimated cost of
the project as of the start of
project construction, or the
revised cost estimate based on
a description of revisions to
the scope of work or other
factors affecting project cost
other than cost overruns; and
(III) the amount of non-
Federal funds obligated for the
project.
(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;
(ii) $66,717,816 for fiscal year
2020; and
(iii) $79,847,397 for fiscal year
2021.
(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 $819,900,000 pursuant to section
133(h), plus--
(i) $70,526,310 for fiscal year 2016;
(ii) $104,389,904 for fiscal year
2017;
(iii) $148,113,536 for fiscal year
2018;
(iv) $160,788,367 for fiscal year
2019;
(v) $200,153,448 for fiscal year
2020; and
(vi) $239,542,191 for fiscal year
2021.
(B) Treatment of funds.--Funds reserved under
subparagraph (A) and apportioned to a State
under subsection (c) shall be treated as if
apportioned under subsection (b)(2), and shall
be in addition to amounts apportioned under
that subsection.
(i) Base Apportionment Defined.--In this section, the term
``base apportionment'' means--
(1) the combined amount authorized for appropriation
for the national highway performance program under
section 119, the surface transportation block grant
program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under
section 149, 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.
Sec. 105. Adjustments to contract authority
(a) Calculation.--
(1) In general.--The President shall include in each
of the fiscal year 2017 through 2021 budget submissions
to Congress under section 1105(a) of title 31, for each
of the Highway Account and the Mass Transit Account, a
calculation of the difference between--
(A) the actual level of monies deposited in
that account for the most recently completed
fiscal year; and
(B) the estimated level of receipts for that
account for the most recently completed fiscal
year, as specified in paragraph (2).
(2) Estimate.--The estimated level of receipts
specified in this paragraph are--
(A) for the Highway Account--
(i) for fiscal year 2015,
$35,067,000,000;
(ii) for fiscal year 2016,
$35,498,000,000;
(iii) for fiscal year 2017,
$35,879,000,000;
(iv) for fiscal year 2018,
$36,084,000,000; and
(v) for fiscal year 2019,
$36,117,000,000; and
(B) for the Mass Transit Account--
(i) for fiscal year 2015,
$4,994,000,000;
(ii) for fiscal year 2016,
$5,020,000,000;
(iii) for fiscal year 2017,
$5,024,000,000;
(iv) for fiscal year 2018,
$5,011,000,000; and
(v) for fiscal year 2019,
$4,981,000,000.
(b) Adjustments to Contract Authority.--
(1) Additional amounts.--If the difference determined
in a budget submission under subsection (a) for a
fiscal year for the Highway Account or the Mass Transit
Account is greater than zero, the Secretary shall on
October 1 of the budget year of that submission--
(A) make available for programs authorized
from such account for the budget year a total
amount equal to--
(i) the amount otherwise authorized
to be appropriated for such programs
for such budget year; plus
(ii) an amount equal to such
difference; and
(B) distribute the additional amount under
subparagraph (A)(ii) to each of such programs
in accordance with subsection (c).
(2) Reduction.--If the difference determined in a
budget submission under subsection (a) for a fiscal
year for the Highway Account or the Mass Transit
Account is less than zero, the Secretary shall on
October 1 of the budget year of that submission--
(A) make available for programs authorized
from such account for the budget year a total
amount equal to--
(i) the amount otherwise authorized
to be appropriated for such programs
for such budget year; minus
(ii) an amount equal to such
difference; and
(B) apply the total adjustment under
subparagraph (A)(ii) to each of such programs
in accordance with subsection (c).
(c) Distribution of Adjustment Among Programs.--
(1) In general.--In making an adjustment for the
Highway Account or the Mass Transit Account for a
budget year under subsection (b), the Secretary shall--
(A) determine the ratio that--
(i) the amount authorized to be
appropriated for a program from the
account for the budget year; bears to
(ii) the total amount authorized to
be appropriated for such budget year
for all programs under such account;
(B) multiply the ratio determined under
subparagraph (A) by the applicable difference
calculated under subsection (a); and
(C) adjust the amount that the Secretary
would otherwise have allocated for the program
for such budget year by the amount calculated
under subparagraph (B).
(2) Formula programs.--For a program for which funds
are distributed by formula, the Secretary shall add or
subtract the adjustment to the amount authorized for
the program but for this section and make available the
adjusted program amount for such program in accordance
with such formula.
(3) Availability for obligation.--Adjusted amounts
under this subsection shall be available for obligation
and administered in the same manner as other amounts
made available for the program for which the amount is
adjusted.
(d) Exclusion of Emergency Relief Program and Covered
Administrative Expenses.--The Secretary shall exclude the
emergency relief program under section 125 and covered
administrative expenses from--
(1) an adjustment of funding under subsection (c)(1);
and
(2) any calculation under subsection (b) or (c)
related to such an adjustment.
(e) Authorization of Appropriations.--There is authorized to
be appropriated from the appropriate account or accounts of the
Highway Trust Fund an amount equal to the amounts calculated
under subsection (a) for each of fiscal years 2017 through
2021.
(f) Revision to Obligation Limitations.--
(1) In general.--If the Secretary makes an adjustment
under subsection (b) for a fiscal year to an amount
subject to a limitation on obligations imposed by
section 1102 or 3017 of the Surface Transportation
Reauthorization and Reform Act of 2015--
(A) such limitation on obligations for such
fiscal year shall be revised by an amount equal
to such adjustment; and
(B) the Secretary shall distribute such
limitation on obligations, as revised under
subparagraph (A), in accordance with such
sections.
(2) Exclusion of covered administrative expenses.--
The Secretary shall exclude covered administrative
expenses from--
(A) any calculation relating to a revision of
a limitation on obligations under paragraph
(1)(A); and
(B) any distribution of a revised limitation
on obligations under paragraph (1)(B).
(g) Definitions.--In this section, the following definitions
apply:
(1) Budget year.--The term ``budget year'' means the
fiscal year for which a budget submission referenced in
subsection (a)(1) is submitted.
(2) Covered administrative expenses.--The term
``covered administrative expenses'' means the
administrative expenses of--
(A) the Federal Highway Administration, as
authorized under section 104(a);
(B) the National Highway Traffic Safety
Administration, as authorized under section
4001(a)(6) of the Surface Transportation
Reauthorization and Reform Act of 2015; and
(C) the Federal Motor Carrier Safety
Administration, as authorized under section
31110 of title 49.
(3) Highway account.--The term ``Highway Account''
means the portion of the Highway Trust Fund that is not
the Mass Transit Account.
(4) Mass transit account.--The term ``Mass Transit
Account'' means the Mass Transit Account of the Highway
Trust Fund established under section 9503(e)(1) of the
Internal Revenue Code of 1986.
Sec. 106. Project approval and oversight
(a) In General.--
(1) Submission of plans, specifications, and
estimates.--Except as otherwise provided in this
section, each State transportation department shall
submit to the Secretary for approval such plans,
specifications, and estimates for each proposed project
as the Secretary may require.
(2) Project agreement.--The Secretary shall act on
the plans, specifications, and estimates as soon as
practicable after the date of their submission and
shall enter into a formal project agreement with the
State transportation department recipient formalizing
the conditions of the project approval.
(3) Contractual obligation.--The execution of the
project agreement shall be deemed a contractual
obligation of the Federal Government for the payment of
the Federal share of the cost of the project.
(4) Guidance.--In taking action under this
subsection, the Secretary shall be guided by section
109.
(b) Project Agreement.--
(1) Provision of State funds.--The project agreement
shall make provision for State funds required to pay
the State's non-Federal share of the cost of
construction of the project (including payments made
pursuant to a long-term concession agreement, such as
availability payments) and to pay for maintenance of
the project after completion of construction.
(2) Representations of State.--If a part of the
project is to be constructed at the expense of, or in
cooperation with, political subdivisions of the State,
the Secretary may rely on representations made by the
State transportation department with respect to the
arrangements or agreements made by the State
transportation department and appropriate local
officials for ensuring that the non-Federal
contribution will be provided under paragraph (1).
(c) Assumption by States of Responsibilities of the
Secretary.--
(1) NHS projects.--For projects under this title that
are on the National Highway System, including projects
on the Interstate System, the State may assume the
responsibilities of the Secretary under this title for
design, plans, specifications, estimates, contract
awards, and inspections with respect to the projects
unless the Secretary determines that the assumption is
not appropriate.
(2) Non-NHS projects.--For projects under this title
that are not on the National Highway System, the State
shall assume the responsibilities of the Secretary
under this title for design, plans, specifications,
estimates, contract awards, and inspection of projects,
unless the State determines that such assumption is not
appropriate.
(3) Agreement.--The Secretary and the State shall
enter into an agreement relating to the extent to which
the State assumes the responsibilities of the Secretary
under this subsection.
(4) Limitation on interstate projects.--
(A) In general.--The Secretary shall not
assign any responsibilities to a State for
projects the Secretary determines to be in a
high risk category, as defined under
subparagraph (B).
(B) High risk categories.--The Secretary may
define the high risk categories under this
subparagraph on a national basis, a State-by-
State basis, or a national and State-by-State
basis, as determined to be appropriate by the
Secretary.
(d) Responsibilities of the Secretary.--Nothing in this
section, section 133, or section 149 shall affect or discharge
any responsibility or obligation of the Secretary under--
(1) section 113 or 114; or
(2) any Federal law other than this title (including
section 5333 of title 49).
(e) Value Engineering Analysis.--
(1) Definition of value engineering analysis.--
(A) In general.--In this subsection, the term
``value engineering analysis'' means a
systematic process of review and analysis of a
project, during the planning and design phases,
by a multidisciplinary team of persons not
involved in the project, that is conducted to
provide recommendations such as those described
in subparagraph (B) for--
(i) providing the needed functions
safely, reliably, and at the lowest
overall lifecycle cost;
(ii) improving the value and quality
of the project; and
(iii) reducing the time to complete
the project.
(B) Inclusions.--The recommendations referred
to in subparagraph (A) include, with respect to
a project--
(i) combining or eliminating
otherwise inefficient use of costly
parts of the original proposed design
for the project; and
(ii) completely redesigning the
project using different technologies,
materials, or methods so as to
accomplish the original purpose of the
project.
(2) Analysis.--The State shall provide a value
engineering analysis for--
(A) each project on the National Highway
System receiving Federal assistance with an
estimated total cost of $50,000,000 or more;
(B) a bridge project on the National Highway
System receiving Federal assistance with an
estimated total cost of $40,000,000 or more;
and
(C) any other project the Secretary
determines to be appropriate.
(3) Major projects.--The Secretary may require more
than 1 analysis described in paragraph (2) for a major
project described in subsection (h).
(4) Requirements.--
(A) Value engineering program.--The State
shall develop and carry out a value engineering
program that--
(i) establishes and documents value
engineering program policies and
procedures;
(ii) ensures that the required value
engineering analysis is conducted
before completing the final design of a
project;
(iii) ensures that the value
engineering analysis that is conducted,
and the recommendations developed and
implemented for each project, are
documented in a final value engineering
report; and
(iv) monitors, evaluates, and
annually submits to the Secretary a
report that describes the results of
the value analyses that are conducted
and the recommendations implemented for
each of the projects described in
paragraph (2) that are completed in the
State.
(B) Bridge projects.--The value engineering
analysis for a bridge project under paragraph
(2) shall--
(i) include bridge superstructure and
substructure requirements based on
construction material; and
(ii) be evaluated by the State--
(I) on engineering and
economic bases, taking into
consideration acceptable
designs for bridges; and
(II) using an analysis of
lifecycle costs and duration of
project construction.
(5) Design-build projects.--A requirement to provide
a value engineering analysis under this subsection
shall not apply to a project delivered using the
design-build method of construction.
(f) Life-Cycle Cost Analysis.--
(1) Use of life-cycle cost analysis.--The Secretary
shall develop recommendations for the States to conduct
life-cycle cost analyses. The recommendations shall be
based on the principles contained in section 2 of
Executive Order No. 12893 and shall be developed in
consultation with the American Association of State
Highway and Transportation Officials. The Secretary
shall not require a State to conduct a life-cycle cost
analysis for any project as a result of the
recommendations required under this subsection.
(2) Life-cycle cost analysis defined.--In this
subsection, the term ``life-cycle cost analysis'' means
a process for evaluating the total economic worth of a
usable project segment by analyzing initial costs and
discounted future costs, such as maintenance, user
costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project
segment.
(g) Oversight Program.--
(1) Establishment.--
(A) In general.--The Secretary shall
establish an oversight program to monitor the
effective and efficient use of funds authorized
to carry out this title.
(B) Minimum requirement.--At a minimum, the
program shall be responsive to all areas
relating to financial integrity and project
delivery.
(2) Financial integrity.--
(A) Financial management systems.--The
Secretary shall perform annual reviews that
address elements of the State transportation
departments' financial management systems that
affect projects approved under subsection (a).
(B) Project costs.--The Secretary shall
develop minimum standards for estimating
project costs and shall periodically evaluate
the practices of States for estimating project
costs, awarding contracts, and reducing project
costs.
(3) Project delivery.--The Secretary shall perform
annual reviews that address elements of the project
delivery system of a State, which elements include one
or more activities that are involved in the life cycle
of a project from conception to completion of the
project.
(4) Responsibility of the States.--
(A) In general.--The States shall be
responsible for determining that subrecipients
of Federal funds under this title have--
(i) adequate project delivery systems
for projects approved under this
section; and
(ii) sufficient accounting controls
to properly manage such Federal funds.
(B) Periodic review.--The Secretary shall
periodically review the monitoring of
subrecipients by the States.
(5) Specific oversight responsibilities.--
(A) Effect of section.--Nothing in this
section shall affect or discharge any oversight
responsibility of the Secretary specifically
provided for under this title or other Federal
law.
(B) Appalachian development highways.--The
Secretary shall retain full oversight
responsibilities for the design and
construction of all Appalachian development
highways under section 14501 of title 40.
(h) Major Projects.--
(1) In general.--Notwithstanding any other provision
of this section, a recipient of Federal financial
assistance for a project under this title with an
estimated total cost of $500,000,000 or more, and
recipients for such other projects as may be identified
by the Secretary, shall submit to the Secretary for
each project--
(A) a project management plan; and
(B) an annual financial plan, including a
phasing plan when applicable.
(2) Project management plan.--A project management
plan shall document--
(A) the procedures and processes that are in
effect to provide timely information to the
project decisionmakers to effectively manage
the scope, costs, schedules, and quality of,
and the Federal requirements applicable to, the
project; and
(B) the role of the agency leadership and
management team in the delivery of the project.
(3) Financial plan.--A financial plan--
(A) shall be based on detailed estimates of
the cost to complete the project;
(B) shall provide for the annual submission
of updates to the Secretary that are based on
reasonable assumptions, as determined by the
Secretary, of future increases in the cost to
complete the project;
(C) may include a phasing plan that
identifies fundable incremental improvements or
phases that will address the purpose and the
need of the project in the short term in the
event there are insufficient financial
resources to complete the entire project. If a
phasing plan is adopted for a project pursuant
to this section, the project shall be deemed to
satisfy the fiscal constraint requirements in
the statewide and metropolitan planning
requirements in sections 134 and 135; and
(D) shall assess the appropriateness of a
public-private partnership to deliver the
project.
(i) Other Projects.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $100,000,000 or more that is not covered by
subsection (h) shall prepare an annual financial plan. Annual
financial plans prepared under this subsection shall be made
available to the Secretary for review upon the request of the
Secretary.
(j) Use of Advanced Modeling Technologies.--
(1) Definition of advanced modeling technology.--In
this subsection, the term ``advanced modeling
technology'' means an available or developing
technology, including 3-dimensional digital modeling,
that can--
(A) accelerate and improve the environmental
review process;
(B) increase effective public participation;
(C) enhance the detail and accuracy of
project designs;
(D) increase safety;
(E) accelerate construction, and reduce
construction costs; or
(F) otherwise expedite project delivery with
respect to transportation projects that receive
Federal funding.
(2) Program.--With respect to transportation projects
that receive Federal funding, the Secretary shall
encourage the use of advanced modeling technologies
during environmental, planning, financial management,
design, simulation, and construction processes of the
projects.
(3) Activities.--In carrying out paragraph (2), the
Secretary shall--
(A) compile information relating to advanced
modeling technologies, including industry best
practices with respect to the use of the
technologies;
(B) disseminate to States information
relating to advanced modeling technologies,
including industry best practices with respect
to the use of the technologies; and
(C) promote the use of advanced modeling
technologies.
(4) Comprehensive plan.--The Secretary shall develop
and publish on the public website of the Department of
Transportation a detailed and comprehensive plan for
the implementation of paragraph (2).
* * * * * * *
Sec. 108. Advance acquisition of real property
(a) In General.--
(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of
real property interests for a transportation
improvement eligible for funding under this title, the
Secretary, upon the request of a State, may make
available, for the acquisition of real property
interests, such funds apportioned to the State as may
be expended on the transportation improvement, under
such rules and regulations as the Secretary may issue.
(2) Construction.--The agreement between the
Secretary and the State for the reimbursement of the
cost of the real property interests shall provide for
the actual construction of the transportation
improvement within a period not to exceed 20 years
following the fiscal year for which the request is
made, unless the Secretary determines that a longer
period is reasonable.
(b) Federal participation in the cost of real property
interests acquired under subsection (a) of this section shall
not exceed the Federal pro rata share applicable to the class
of funds from which Federal reimbursement is made.
(c) State-funded Early Acquisition of Real Property
Interests.--
(1) In general.--A State may carry out, at the
expense of the State, acquisitions of interests in real
property for a project before completion of the review
process required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) without affecting subsequent approvals required
for the project by the State or any Federal agency.
(2) Eligibility for reimbursement.--Subject to
paragraph (3), funds apportioned to a State under this
title may be used to participate in the payment of--
(A) costs incurred by the State for
acquisition of real property interests,
acquired in advance of any Federal approval or
authorization, if the real property interests
are subsequently incorporated into a project
eligible for [surface transportation program]
surface transportation block grant program
funds; and
(B) costs incurred by the State for the
acquisition of land necessary to preserve
environmental and scenic values.
(3) Terms and conditions.--The Federal share payable
of the costs described in paragraph (2) shall be
eligible for reimbursement out of funds apportioned to
a State under this title when the real property
interests acquired are incorporated into a project
eligible for [surface transportation program] surface
transportation block grant program funds, if the State
demonstrates to the Secretary and the Secretary finds
that--
(A) any land acquired, and relocation
assistance provided, complied with the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
(B) the requirements of title VI of the Civil
Rights Act of 1964 have been complied with;
(C) the State has a mandatory comprehensive
and coordinated land use, environment, and
transportation planning process under State law
and the acquisition is certified by the
Governor as consistent with the State plans
before the acquisition;
(D) the acquisition is determined in advance
by the Governor to be consistent with the State
transportation planning process pursuant to
section 135 of this title;
(E) the alternative for which the real
property interest is acquired is selected by
the State pursuant to regulations to be issued
by the Secretary which provide for the
consideration of the environmental impacts of
various alternatives;
(F) before the time that the cost incurred by
a State is approved for Federal participation,
environmental compliance pursuant to the
National Environmental Policy Act has been
completed for the project for which the real
property interest was acquired by the State,
and the acquisition has been approved by the
Secretary under this Act, and in compliance
with section 303 of title 49, section 7 of the
Endangered Species Act, and all other
applicable environmental laws shall be
identified by the Secretary in regulations; and
(G) before the time that the cost incurred by
a State is approved for Federal participation,
the Secretary has determined that the property
acquired in advance of Federal approval or
authorization did not influence the
environmental assessment of the project, the
decision relative to the need to construct the
project, or the selection of the project design
or location.
(d) Federally Funded Early Acquisition of Real Property
Interests.--
(1) Definition of acquisition of a real property
interest.--In this subsection, the term ``acquisition
of a real property interest'' includes the acquisition
of--
(A) any interest in land;
(B) a contractual right to acquire any
interest in land; or
(C) any other similar action to acquire or
preserve rights-of-way for a transportation
facility.
(2) Authorization.--The Secretary may authorize the
use of funds apportioned to a State under this title
for the acquisition of a real property interest by a
State.
(3) State certification.--A State requesting Federal
funding for an acquisition of a real property interest
shall certify in writing, with concurrence by the
Secretary, that--
(A) the State has authority to acquire the
real property interest under State law; and
(B) the acquisition of the real property
interest--
(i) is for a transportation purpose;
(ii) will not cause any significant
adverse environmental impact;
(iii) will not limit the choice of
reasonable alternatives for the project
or otherwise influence the decision of
the Secretary on any approval required
for the project;
(iv) does not prevent the lead agency
from making an impartial decision as to
whether to accept an alternative that
is being considered in the
environmental review process;
(v) is consistent with the State
transportation planning process under
section 135;
(vi) complies with other applicable
Federal laws (including regulations);
(vii) will be acquired through
negotiation, without the threat of
condemnation; and
(viii) will not result in a reduction
or elimination of benefits or
assistance to a displaced person
required by the Uniform Relocation
Assistance and Real Property
Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(4) Environmental compliance.--
(A) In general.--Before authorizing Federal
funding for an acquisition of a real property
interest, the Secretary shall complete the
review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the acquisition of the real
property interest.
(B) Independent utility.--The acquisition of
a real property interest--
(i) shall be treated as having
independent utility for purposes of the
review process under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(ii) shall not limit consideration of
alternatives for future transportation
improvements with respect to the real
property interest.
(5) Programming.--
(A) In general.--The acquisition of a real
property interest for which Federal funding is
requested shall be included as a project in an
applicable transportation improvement program
under sections 134 and 135 and sections 5303
and 5304 of title 49.
(B) Acquisition project.--The acquisition
project may consist of the acquisition of a
specific parcel, a portion of a transportation
corridor, or an entire transportation corridor.
(6) Development.--Real property interests acquired
under this subsection may not be developed in
anticipation of a project until all required
environmental reviews for the project have been
completed.
(7) Reimbursement.--If Federal-aid reimbursement is
made for real property interests acquired early under
this section and the real property interests are not
subsequently incorporated into a project eligible for
surface transportation funds within the time allowed by
subsection (a)(2), the Secretary shall offset the
amount reimbursed against funds apportioned to the
State.
(8) Other requirements and conditions.--
(A) Applicable law.--The acquisition of a
real property interest shall be carried out in
compliance with all requirements applicable to
the acquisition of real property interests for
federally funded transportation projects.
(B) Additional conditions.--The Secretary may
establish such other conditions or restrictions
on acquisitions under this subsection as the
Secretary determines to be appropriate.
Sec. 109. Standards
(a) In General.--The Secretary shall ensure that the plans
and specifications for each proposed highway project under this
chapter provide for a facility that will--
(1) adequately serve the existing and planned future
traffic of the highway in a manner that is conducive to
safety, durability, and economy of maintenance; and
(2) be designed and constructed in accordance with
criteria best suited to accomplish the objectives
described in paragraph (1) and to conform to the
particular needs of each locality.
(b) The geometric and construction standards to be adopted
for the Interstate System shall be those approved by the
Secretary in cooperation with the State transportation
departments. Such standards, as applied to each actual
construction project, shall be adequate to enable such project
to accommodate the types and volumes of traffic anticipated for
such project for the twenty-year period commencing on the date
of approval by the Secretary, under section 106 of this title,
of the plans, specifications, and estimates for actual
construction of such project. Such standards shall in all cases
provide for at least four lanes of traffic. The right-of-way
width of the Interstate System shall be adequate to permit
construction of projects on the Interstate System to such
standards. The Secretary shall apply such standards uniformly
throughout all the States.
(c) Design Criteria for National Highway System.--
(1) In general.--A design for new construction,
reconstruction, resurfacing (except for maintenance
resurfacing), restoration, or rehabilitation of a
highway on the National Highway System (other than a
highway also on the Interstate System) [may take into
account] shall consider, in addition to the criteria
described in subsection (a)--
(A) the constructed and natural environment
of the area;
(B) the environmental, scenic, aesthetic,
historic, community, and preservation impacts
of the activity; [and]
(C) cost savings by utilizing flexibility
that exists in current design guidance and
regulations; and
[(C)] (D) access for other modes of
transportation.
(2) Development of criteria.--The Secretary, in
cooperation with State transportation departments, may
develop criteria to implement paragraph (1). In
developing criteria under this paragraph, the Secretary
shall consider--
(A) the results of the committee process of
the American Association of State Highway and
Transportation Officials as used in adopting
and publishing ``A Policy on Geometric Design
of Highways and Streets'', including comments
submitted by interested parties as part of such
process;
(B) the publication entitled ``Flexibility in
Highway Design'' of the Federal Highway
Administration;
(C) ``Eight Characteristics of Process to
Yield Excellence and the Seven Qualities of
Excellence in Transportation Design'' developed
by the conference held during 1998 entitled
``Thinking Beyond the Pavement National
Workshop on Integrating Highway Development
with Communities and the Environment while
Maintaining Safety and Performance''; [and]
(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
[(D)] (F) any other material that the
Secretary determines to be appropriate.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December
20, 1944, the location, form and character of informational,
regulatory and warning signs, curb and pavement or other
markings, and traffic signals installed or placed by any public
authority or other agency, shall be subject to the approval of
the State transportation department with the concurrence of the
Secretary, who is directed to concur only in such installations
as will promote the safe and efficient utilization of the
highways.
(e) Installation of Safety Devices.--
(1) Highway and railroad grade crossings and
drawbridges.--No funds shall be approved for
expenditure on any Federal-aid highway, or highway
affected under chapter 2 of this title, unless proper
safety protective devices complying with safety
standards determined by the Secretary at that time as
being adequate shall be installed or be in operation at
any highway and railroad grade crossing or drawbridge
on that portion of the highway with respect to which
such expenditures are to be made.
(2) Temporary traffic control devices.--No funds
shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2, unless
proper temporary traffic control devices to improve
safety in work zones will be installed and maintained
during construction, utility, and maintenance
operations on that portion of the highway with respect
to which such expenditures are to be made. Installation
and maintenance of the devices shall be in accordance
with the Manual on Uniform Traffic Control Devices.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to
acquire title to, or control of, any marginal land along the
proposed highway in addition to that reasonably necessary for
road surfaces, median strips, bikeways, pedestrian walkways,
gutters, ditches, and side slopes, and of sufficient width to
provide service roads for adjacent property to permit safe
access at controlled locations in order to expedite traffic,
promote safety, and minimize roadside parking.
(g) Not later than January 30, 1971, the Secretary shall
issue guidelines for minimizing possible soil erosion from
highway construction. Such guidelines shall apply to all
proposed projects with respect to which plans, specifications,
and estimates are approved by the Secretary after the issuance
of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after
consultation with appropriate Federal and State officials,
shall submit to Congress, and not later than 90 days after such
submission, promulgate guidelines designed to assure that
possible adverse economic, social, and environmental effects
relating to any proposed project on any Federal-aid system have
been fully considered in developing such project, and that the
final decisions on the project are made in the best overall
public interest, taking into consideration the need for fast,
safe and efficient transportation, public services, and the
costs of eliminating or minimizing such adverse effects and the
following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the
availability of public facilities and services;
(3) adverse employment effects, and tax and property
value losses;
(4) injurious displacement of people, businesses and
farms; and
(5) disruption of desirable community and regional
growth.
Such guidelines shall apply to all proposed projects with
respect to which plans, specifications, and estimates are
approved by the Secretary after the issuance of such
guidelines.
(i) The Secretary, after consultation with appropriate
Federal, State, and local officials, shall develop and
promulgate standards for highway noise levels compatible with
different land uses and after July 1, 1972, shall not approve
plans and specifications for any proposed project on any
Federal-aid system for which location approval has not yet been
secured unless he determines that such plans and specifications
include adequate measures to implement the appropriate noise
level standards. The Secretary, after consultation with the
Administrator of the Environmental Protection Agency and
appropriate Federal, State, and local officials, may promulgate
standards for the control of highway noise levels for highways
on any Federal-aid system for which project approval has been
secured prior to July 1, 1972. The Secretary may approve any
project on a Federal-aid system to which noise-level standards
are made applicable under the preceding sentence for the
purpose of carrying out such standards. Such project may
include, but is not limited to, the acquisition of additional
rights-of-way, the construction of physical barriers, and
landscaping. Sums apportioned for the Federal-aid system on
which such project will be located shall be available to
finance the Federal share of such project. Such project shall
be deemed a highway project for all purposes of this title.
(j) The Secretary, after consultation with the Administrator
of the Environmental Protection Agency, shall develop and
promulgate guidelines to assure that highways constructed
pursuant to this title are consistent with any approved plan
for--
(1) the implementation of a national ambient air
quality standard for each pollutant for which an area
is designated as a nonattainment area under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality
standard in an area that was designated as a
nonattainment area but that was later redesignated by
the Administrator as an attainment area for the
standard and that is required to develop a maintenance
plan under section 175A of the Clean Air Act (42 U.S.C.
7505a).
(k) The Secretary shall not approve any project involving
approaches to a bridge under this title, if such project and
bridge will significantly affect the traffic volume and the
highway system of a contiguous State without first taking into
full consideration the views of that State.
(l)(1) In determining whether any right-of-way on any
Federal-aid highway should be used for accommodating any
utility facility, the Secretary shall--
(A) first ascertain the effect such use will have on
highway and traffic safety, since in no case shall any
use be authorized or otherwise permitted, under this or
any other provision of law, which would adversely
affect safety;
(B) evaluate the direct and indirect environmental
and economic effects of any loss of productive
agricultural land or any impairment of the productivity
of any agricultural land which would result from the
disapproval of the use of such right-of-way for the
accommodation of such utility facility; and
(C) consider such environmental and economic effects
together with any interference with or impairment of
the use of the highway in such right-of-way which would
result from the use of such right-of-way for the
accommodation of such utility facility.
(2) For the purpose of this subsection--
(A) the term ``utility facility'' means any
privately, publicly, or cooperatively owned line,
facility, or system for producing, transmitting, or
distributing communications, power, electricity, light,
heat, gas, oil, crude products, water, steam, waste,
storm water not connected with highway drainage, or any
other similar commodity, including any fire or police
signal system or street lighting system, which directly
or indirectly serves the public; and
(B) the term ``right-of-way'' means any real
property, or interest therein, acquired, dedicated, or
reserved for the construction, operation, and
maintenance of a highway.
(m) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory
action under this title that will result in the severance of an
existing major route or have significant adverse impact on the
safety for nonmotorized transportation traffic and light
motorcycles, unless such project or regulatory action provides
for a reasonable alternate route or such a route exists.
(n) It is the intent of Congress that any project for
resurfacing, restoring, or rehabilitating any highway, other
than a highway access to which is fully controlled, in which
Federal funds participate shall be constructed in accordance
with standards to preserve and extend the service life of
highways and enhance highway safety.
(o) Compliance With State Laws for Non-NHS Projects.--
Projects (other than highway projects on the National Highway
System) shall be designed, constructed, operated, and
maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and
construction standards.
(p) Scenic and Historic Values.--Notwithstanding subsections
(b) and (c), the Secretary may approve a project for the
National Highway System if the project is designed to--
(1) allow for the preservation of environmental,
scenic, or historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q) Phase Construction.--Safety considerations for a project
under this title may be met by phase construction consistent
with the operative safety management system established in
accordance with a statewide transportation improvement program
approved by the Secretary.
(r) Pavement Markings.--The Secretary shall not approve any
pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead,
as determined in accordance with Environmental Protection
Agency testing methods 3052, 6010B, or 6010C.
* * * * * * *
Sec. 117. Nationally significant freight and highway projects
(a) Establishment.--There is established a nationally
significant freight and highway projects program to provide
financial assistance for projects of national or regional
significance that will--
(1) improve the safety, efficiency, and reliability
of the movement of freight and people;
(2) generate national or regional economic benefits
and an increase in the global economic competitiveness
of the United States;
(3) reduce highway congestion and bottlenecks;
(4) improve connectivity between modes of freight
transportation; or
(5) enhance the strength, durability, and
serviceability of critical highway infrastructure.
(b) Grant Authority.--In carrying out the program established
in subsection (a), the Secretary may make grants, on a
competitive basis, in accordance with this section.
(c) Eligible Applicants.--
(1) In general.--The Secretary may make a grant under
this section to the following:
(A) A State or 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.
(D) A special purpose district or public
authority with a transportation function,
including a port authority.
(E) A Federal land management agency that
applies jointly with a State or group of
States.
(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
(h), the Secretary may make a grant under this section
only for a project that--
(A) is--
(i) a freight project carried out on
the National Highway Freight Network
established under section 167 of this
title;
(ii) a highway or bridge project
carried out on the National Highway
System;
(iii) an intermodal or rail freight
project carried out on the National
Multimodal Freight Network established
under section 70103 of title 49; or
(iv) a railway-highway grade crossing
or grade separation project; and
(B) has eligible project costs that are
reasonably anticipated to equal or exceed the
lesser of--
(i) $100,000,000; or
(ii) in the case of a project--
(I) located in 1 State, 30
percent of the amount
apportioned under this chapter
to the State in the most
recently completed fiscal year;
or
(II) located in more than 1
State, 50 percent of the amount
apportioned under this chapter
to the participating State with
the largest apportionment under
this chapter in the most
recently completed fiscal year.
(2) Limitation.--
(A) In general.--Not more than $500,000,000
of the amounts made available for grants under
this section for fiscal years 2016 through
2021, 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) shall--
(i) 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) 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.
(f) Project Requirements.--The Secretary may make a grant for
a project described under subsection (d) only if the relevant
applicant demonstrates 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 addressed using
other funding available to the project sponsor under
this chapter; 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.
(g) Additional Considerations.--In making a grant under this
section, the Secretary shall consider--
(1) the extent to which a project utilizes
nontraditional financing, innovative design and
construction techniques, or innovative technologies;
(2) the amount and source of non-Federal
contributions with respect to the proposed project; and
(3) the need for geographic diversity among grant
recipients, including the need for a balance between
the needs of rural and urban communities.
(h) Reserved Amounts.--
(1) In general.--The Secretary shall reserve not less
than 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)(i) 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.
(4) 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.
(5) Rural areas.--The Secretary shall reserve not
less than 20 percent of the amounts made available for
grants under this section, including the amounts made
available under paragraph (1), each fiscal year to make
grants for projects located in rural areas.
(i) Federal Share.--
(1) In general.--The Federal share of the cost of a
project assisted with a grant under this section may
not exceed 50 percent.
(2) Non-federal share.--Funds apportioned to a State
under section 104(b)(1) or 104(b)(2) may be used to
satisfy the non-Federal share of the cost of a project
for which a grant is made under this section so long as
the total amount of Federal funding for the project
does not exceed 80 percent of project costs.
(j) Agreements to Combine Amounts.--Two or more entities
specified in subsection (c)(1) may combine, pursuant to an
agreement entered into by the entities, any part of the amounts
provided to the entities from grants under this section for a
project for which the relevant grants were made if--
(1) the agreement will benefit each entity entering
into the agreement; and
(2) the agreement is not in violation of a law of any
such entity.
(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.--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.
(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).
* * * * * * *
Sec. 119. National highway performance program
(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
(b) Purposes.--The purposes of the national highway
performance program shall be--
(1) to provide support for the condition and
performance of the National Highway System;
(2) to provide support for the construction of new
facilities on the National Highway System; and
(3) to ensure that investments of Federal-aid funds
in highway construction are directed to support
progress toward the achievement of performance targets
established in an asset management plan of a State for
the National Highway System.
(c) Eligible Facilities.--Except as provided in subsection
(d), to be eligible for funding apportioned under section
104(b)(1) to carry out this section, a facility shall be
located on the National Highway System, as defined in section
103.
(d) Eligible Projects.--Funds apportioned to a State to carry
out the national highway performance program may be obligated
only for a project on an eligible facility that is--
(1)(A) a project or part of a program of projects
supporting progress toward the achievement of national
performance goals for improving infrastructure
condition, safety, mobility, or freight movement on the
National Highway System; and
(B) consistent with sections 134 and 135; and
(2) for 1 or more of the following purposes:
(A) Construction, reconstruction,
resurfacing, restoration, rehabilitation,
preservation, or operational improvement of
segments of the National Highway System.
(B) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme
events) of bridges on the National Highway
System.
(C) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme
events) of tunnels on the National Highway
System.
(D) Inspection and evaluation, as described
in section 144, of bridges and tunnels on the
National Highway System, and inspection and
evaluation of other highway infrastructure
assets on the National Highway System,
including signs and sign structures, earth
retaining walls, and drainage structures.
(E) Training of bridge and tunnel inspectors,
as described in section 144.
(F) Construction, rehabilitation, or
replacement of existing ferry boats and ferry
boat facilities, including approaches, that
connect road segments of the National Highway
System.
(G) Construction, reconstruction,
resurfacing, restoration, rehabilitation, and
preservation of, and operational improvements
for, a Federal-aid highway not on the National
Highway System, and construction of a transit
project eligible for assistance under chapter
53 of title 49, if--
(i) the highway project or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System;
(ii) the construction or improvements
will reduce delays or produce travel
time savings on the fully access-
controlled highway described in clause
(i) and improve regional traffic flow;
and
(iii) the construction or
improvements are more cost-effective,
as determined by benefit-cost analysis,
than an improvement to the fully
access-controlled highway described in
clause (i).
(H) Bicycle transportation and pedestrian
walkways in accordance with section 217.
(I) Highway safety improvements for segments
of the National Highway System.
(J) Capital and operating costs for traffic
and traveler information monitoring,
management, and control facilities and
programs.
(K) Development and implementation of a State
asset management plan for the National Highway
System in accordance with this section,
including data collection, maintenance, and
integration and the cost associated with
obtaining, updating, and licensing software and
equipment required for risk-based asset
management and performance-based management.
(L) Infrastructure-based intelligent
transportation systems capital improvements.
(M) Environmental restoration and pollution
abatement in accordance with section 328.
(N) Control of noxious weeds and aquatic
noxious weeds and establishment of native
species in accordance with section 329.
(O) Environmental mitigation efforts related
to projects funded under this section, as
described in subsection (g).
(P) Construction of publicly owned intracity
or intercity bus terminals servicing the
National Highway System.
(e) State Performance Management.--
(1) In general.--A State shall develop a risk-based
asset management plan for the National Highway System
to improve or preserve the condition of the assets and
the performance of the system.
(2) Performance driven plan.--A State asset
management plan shall include strategies leading to a
program of projects that would make progress toward
achievement of the State targets for asset condition
and performance of the National Highway System in
accordance with section 150(d) and supporting the
progress toward the achievement of the national goals
identified in section 150(b).
(3) Scope.--In developing a risk-based asset
management plan, the Secretary shall encourage States
to include all infrastructure assets within the right-
of-way corridor in such plan.
(4) Plan contents.--A State asset management plan
shall, at a minimum, be in a form that the Secretary
determines to be appropriate and include--
(A) a summary listing of the pavement and
bridge assets on the National Highway System in
the State, including a description of the
condition of those assets;
(B) asset management objectives and measures;
(C) performance gap identification;
(D) lifecycle cost and risk management
analysis;
(E) a financial plan; and
(F) investment strategies.
(5) Requirement for plan.--Notwithstanding section
120, with respect to the second fiscal year beginning
after the date of establishment of the process
established in paragraph (8) or any subsequent fiscal
year, if the Secretary determines that a State has not
developed and implemented a State asset management plan
consistent with this section, the Federal share payable
on account of any project or activity carried out by
the State in that fiscal year under this section shall
be 65 percent.
(6) Certification of plan development process.--
(A) In general.--Not later than 90 days after
the date on which a State submits a request for
approval of the process used by the State to
develop the State asset management plan for the
National Highway System, the Secretary shall--
(i) review the process; and
(ii)(I) certify that the process
meets the requirements established by
the Secretary; or
(II) deny certification and specify
actions necessary for the State to take
to correct deficiencies in the State
process.
(B) Recertification.--Not less frequently
than once every 4 years, the Secretary shall
review and recertify that the process used by a
State to develop and maintain the State asset
management plan for the National Highway System
meets the requirements for the process, as
established by the Secretary.
(C) Opportunity to cure.--If the Secretary
denies certification under subparagraph (A),
the Secretary shall provide the State with--
(i) not less than 90 days to cure the
deficiencies of the plan, during which
time period all penalties and other
legal impacts of a denial of
certification shall be stayed; and
(ii) a written statement of the
specific actions the Secretary
determines to be necessary for the
State to cure the plan.
(7) Performance achievement.--A State that does not
achieve or make significant progress toward achieving
the targets of the State for performance measures
described in section 150(d) for the National Highway
System for 2 consecutive reports submitted under [this
paragraph] section 150(e) shall include in the next
report submitted under section 150(e) a description of
the actions the State will undertake to achieve the
targets.
(8) Process.--Not later than 18 months after the date
of enactment of the MAP-21, the Secretary shall, by
regulation and in consultation with State departments
of transportation, establish the process to develop the
State asset management plan described in paragraph (1).
(f) Interstate System and NHS Bridge Conditions.--
(1) Condition of interstate system.--
(A) Penalty.--If, during 2 consecutive
reporting periods, the condition of the
Interstate System, excluding bridges on the
Interstate System, in a State falls below the
minimum condition level established by the
Secretary under section 150(c)(3), the State
shall be required, during the following fiscal
year--
(i) to obligate, from the amounts
apportioned to the State under section
104(b)(1), an amount that is not less
than the amount of funds apportioned to
the State for fiscal year 2009 under
the Interstate maintenance program for
the purposes described in this section
(as in effect on the day before the
date of enactment of the MAP-21),
except that for each year after fiscal
year 2013, the amount required to be
obligated under this clause shall be
increased by 2 percent over the amount
required to be obligated in the
previous fiscal year; and
(ii) to transfer, from the amounts
apportioned to the State under section
104(b)(2) (other than amounts
suballocated to metropolitan areas and
other areas of the State under section
133(d)) to the apportionment of the
State under section 104(b)(1), an
amount equal to 10 percent of the
amount of funds apportioned to the
State for fiscal year 2009 under the
Interstate maintenance program for the
purposes described in this section (as
in effect on the day before the date of
enactment of the MAP-21).
(B) Restoration.--The obligation requirement
for the Interstate System in a State required
by subparagraph (A) for a fiscal year shall
remain in effect for each subsequent fiscal
year until such time as the condition of the
Interstate System in the State exceeds the
minimum condition level established by the
Secretary.
(2) Condition of NHS bridges.--
(A) Penalty.--If the Secretary determines
that, for the 3-year-period preceding the date
of the determination, more than 10 percent of
the total deck area of bridges in the State on
the National Highway System is located on
bridges that have been classified as
structurally deficient, an amount equal to 50
percent of funds apportioned to such State for
fiscal year 2009 to carry out section 144 (as
in effect the day before enactment of MAP-21)
shall be set aside from amounts apportioned to
a State for a fiscal year under section
104(b)(1) only for eligible projects on bridges
on the National Highway System.
(B) Restoration.--The set-aside requirement
for bridges on the National Highway System in a
State under subparagraph (A) for a fiscal year
shall remain in effect for each subsequent
fiscal year until such time as less than 10
percent of the total deck area of bridges in
the State on the National Highway System is
located on bridges that have been classified as
structurally deficient, as determined by the
Secretary.
(g) Environmental Mitigation.--
(1) Eligible activities.--In accordance with all
applicable Federal law (including regulations),
environmental mitigation efforts referred to in
subsection (d)(2)(O) include participation in natural
habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include--
(A) participation in mitigation banking or
other third- party mitigation arrangements,
such as--
(i) the purchase of credits from
commercial mitigation banks;
(ii) the establishment and management
of agency- sponsored mitigation banks;
and
(iii) the purchase of credits or
establishment of in- lieu fee
mitigation programs;
(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and
create natural habitats and wetlands; and
(C) the development of statewide and regional
environmental protection plans, including
natural habitat and wetland conservation and
restoration plans.
(2) Inclusion of other activities.--The banks,
efforts, and plans described in paragraph (1) include
any such banks, efforts, and plans developed in
accordance with applicable law (including regulations).
(3) Terms and conditions.--The following terms and
conditions apply to natural habitat and wetlands
mitigation efforts under this subsection:
(A) Contributions to the mitigation effort
may--
(i) take place concurrent with, or in
advance of, commitment of funding under
this title to a project or projects;
and
(ii) occur in advance of project
construction only if the efforts are
consistent with all applicable
requirements of Federal law (including
regulations) and State transportation
planning processes.
(B) Credits from any agency-sponsored
mitigation bank that are attributable to
funding under this section may be used only for
projects funded under this title, unless the
agency pays to the Secretary an amount equal to
the Federal funds attributable to the
mitigation bank credits the agency uses for
purposes other than mitigation of a project
funded under this title.
(4) Preference.--At the discretion of the project
sponsor, preference shall be given, to the maximum
extent practicable, to mitigating an environmental
impact through the use of a mitigation bank, in-lieu
fee, or other third-party mitigation arrangement, if
the use of credits from the mitigation bank or in-lieu
fee, or the other third-party mitigation arrangement
for the project, is approved by the applicable Federal
agency.
(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).
Sec. 120. Federal share payable
(a) Interstate System Projects.--
(1) In general.--Except as otherwise provided in this
chapter, the Federal share payable on account of any
project on the Interstate System (including a project
to add high occupancy vehicle lanes and a project to
add auxiliary lanes but excluding a project to add any
other lanes) shall be 90 percent of the total cost
thereof, plus a percentage of the remaining 10 percent
of such cost in any State containing unappropriated and
unreserved public lands and nontaxable Indian lands,
individual and tribal, exceeding 5 percent of the total
area of all lands therein, equal to the percentage that
the area of such lands in such State is of its total
area; except that such Federal share payable on any
project in any State shall not exceed 95 percent of the
total cost of such project.
(2) State-determined lower federal share.--In the
case of any project subject to paragraph (1), a State
may determine a lower Federal share than the Federal
share determined under such paragraph.
(b) Other Projects.--Except as otherwise provided in this
title, the Federal share payable on account of any project or
activity carried out under this title (other than a project
subject to subsection (a)) shall be--
(1) 80 percent of the cost thereof, except that in
the case of any State containing nontaxable Indian
lands, individual and tribal, and public domain lands
(both reserved and unreserved) exclusive of national
forests and national parks and monuments, exceeding 5
percent of the total area of all lands therein, the
Federal share, for purposes of this chapter, shall be
increased by a percentage of the remaining cost equal
to the percentage that the area of all such lands in
such State, is of its total area; or
(2) 80 percent of the cost thereof, except that in
the case of any State containing nontaxable Indian
lands, individual and tribal, public domain lands (both
reserved and unreserved), national forests, and
national parks and monuments, the Federal share, for
purposes of this chapter, shall be increased by a
percentage of the remaining cost equal to the
percentage that the area of all such lands in such
State is of its total area;
except that the Federal share payable on any project in a State
shall not exceed 95 percent of the total cost of any such
project. In any case where a State elects to have the Federal
share provided in paragraph (2) of this subsection, the State
must enter into an agreement with the Secretary covering a
period of not less than 1 year, requiring such State to use
solely for purposes eligible for assistance under this title
(other than paying its share of projects approved under this
title) during the period covered by such agreement the
difference between the State's share as provided in paragraph
(2) and what its share would be if it elected to pay the share
provided in paragraph (1) for all projects subject to such
agreement. In the case of any project subject to this
subsection, a State may determine a lower Federal share than
the Federal share determined under the preceding sentences of
this subsection.
(c) Increased Federal Share.--
(1) Certain safety projects.--The Federal share
payable on account of any project for traffic control
signalization, maintaining minimum levels of
retroreflectivity of highway signs or pavement
markings, traffic circles (also known as
``roundabouts''), safety rest areas, pavement marking,
shoulder and centerline rumble strips and stripes,
commuter carpooling and vanpooling, rail-highway
crossing closure, or installation of traffic signs,
traffic lights, guardrails, impact attenuators,
concrete barrier endtreatments, breakaway utility
poles, or priority control systems for emergency
vehicles or transit vehicles at signalized
intersections may amount to 100 percent of the cost of
construction of such projects; except that not more
than 10 percent of all sums apportioned for all the
Federal-aid programs for any fiscal year in accordance
with section 104 of this title shall be used under this
subsection. In this subsection, the term ``safety rest
area'' means an area where motor vehicle operators can
park their vehicles and rest, where food, fuel, and
lodging services are not available, and that is located
on a segment of highway with respect to which the
Secretary determines there is a shortage of public and
private areas at which motor vehicle operators can park
their vehicles and rest.
(2) CMAQ projects.--The Federal share payable on
account of a project or program carried out under
section 149 with funds obligated in fiscal year 2008 or
2009, or both, shall be not less than 80 percent and,
at the discretion of the State, may be up to 100
percent of the cost thereof.
(3) Innovative project delivery.--
(A) In general.--Except as provided in
subparagraph (C), the Federal share payable on
account of a project, program, or activity
carried out with funds apportioned under
paragraph (1), (2), or (5) of section 104(b)
may, at the discretion of the State, be up to
100 percent for any such project, program, or
activity that the Secretary determines--
(i) contains innovative project
delivery methods that improve work zone
safety for motorists or workers and the
quality of the facility;
(ii) contains innovative
technologies, engineering or design
approaches, manufacturing processes,
financing, or contracting methods that
improve the quality of, extend the
service life of, or decrease the long-
term costs of maintaining highways and
bridges;
(iii) accelerates project delivery
while complying with other applicable
Federal laws (including regulations)
and not causing any significant adverse
environmental impact; or
(iv) reduces congestion related to
highway construction.
(B) Examples.--Projects, programs, and
activities described in subparagraph (A) may
include the use of--
(i) prefabricated bridge elements and
systems and other technologies to
reduce bridge construction time;
(ii) innovative construction
equipment, materials, or techniques,
including the use of in-place recycling
technology and digital 3-dimensional
modeling technologies;
(iii) innovative contracting methods,
including the design-build and the
construction manager-general contractor
contracting methods;
(iv) intelligent compaction
equipment; [or]
(v) innovative pavement materials
that have a demonstrated life cycle of
75 or more years, are manufactured with
reduced greenhouse gas emissions, and
reduce construction-related congestion
by rapidly curing; or
[(v)] (vi) contractual provisions
that offer a contractor an incentive
payment for early completion of the
project, program, or activity, subject
to the condition that the incentives
are accounted for in the financial plan
of the project, when applicable.
(C) Limitations.--
(i) In general.--In each fiscal year,
a State may use the authority under
subparagraph (A) for up to 10 percent
of the combined apportionments of the
State under paragraphs (1), (2), and
(5) of section 104(b).
(ii) Federal share increase.--The
Federal share payable on account of a
project, program, or activity described
in subparagraph (A) may be increased by
up to 5 percent of the total project
cost.
(d) The Secretary may rely on a statement from the Secretary
of the Interior as to the area of the lands referred to in
subsections (a) and (b) of this section. The Secretary of the
Interior is authorized and directed to provide such statement
annually.
(e) Emergency Relief.--The Federal share payable for any
repair or reconstruction provided for by funds made available
under section 125 for any project on a Federal-aid highway,
including the Interstate System, shall not exceed the Federal
share payable on a project on the system as provided in
subsections (a) and (b), except that--
(1) the Federal share payable for eligible emergency
repairs to minimize damage, protect facilities, or
restore essential traffic accomplished within 180 days
after the actual occurrence of the natural disaster or
catastrophic failure may amount to 100 percent of the
cost of the repairs;
(2) the Federal share payable for any repair or
reconstruction of Federal land transportation
facilities, [Federal land access transportation
facilities,] other federally owned roads that are open
to public travel, and tribal transportation facilities
may amount to 100 percent of the cost of the repair or
reconstruction;
(3) the Secretary shall extend the time period in
paragraph (1) taking into consideration any delay in
the ability of the State to access damaged facilities
to evaluate damage and the cost of repair; and
(4) the Federal share payable for eligible permanent
repairs to restore damaged facilities to predisaster
condition may amount to 90 percent of the cost of the
repairs if the eligible expenses incurred by the State
due to natural disasters or catastrophic failures in a
Federal fiscal year exceeds the annual apportionment of
the State under section 104 for the fiscal year in
which the disasters or failures occurred.
(f) The Secretary is authorized to cooperate with the State
transportation departments and with the Department of the
Interior in the construction of Federal-aid highways within
Indian reservations and national parks and monuments under the
jurisdiction of the Department of the Interior and to pay the
amount assumed therefor from the funds apportioned in
accordance with section 104 of this title to the State wherein
the reservations and national parks and monuments are located.
(g) Notwithstanding any other provision of this section or of
this title, the Federal share payable on account of any project
under this title in the Virgin Islands, Guam, American Samoa,
or the Commonwealth of the Northern Mariana Islands shall be
100 per centum of the total cost of the project.
(h) Increased Non-Federal Share.--Notwithstanding any other
provision of this title and subject to such criteria as the
Secretary may establish, a State may contribute an amount in
excess of the non-Federal share of a project under this title
so as to decrease the Federal share payable on such project.
(i) Credit for Non-Federal Share.--
(1) Eligibility.--
(A) In general.--A State may use as a credit
toward the non-Federal share requirement for
any funds made available to carry out this
title (other than the emergency relief program
authorized by section 125) or chapter 53 of
title 49 toll revenues that are generated and
used by public, quasi-public, and private
agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the
public purpose of interstate commerce.
(B) Special rule for use of Federal funds.--
If the public, quasi-public, or private agency
has built, improved, or maintained the facility
using Federal funds, the credit under this
paragraph shall be reduced by a percentage
equal to the percentage of the total cost of
building, improving, or maintaining the
facility that was derived from Federal funds.
(C) Federal funds defined.--In this
paragraph, the term ``Federal funds'' does not
include loans of Federal funds or other
financial assistance that must be repaid to the
Government.
(2) Maintenance of effort.--
(A) In general.--The credit for any non-
Federal share provided under this subsection
shall not reduce nor replace State funds
required to match Federal funds for any program
under this title.
(B) Condition on receipt of credit.--To
receive a credit under paragraph (1) for a
fiscal year, a State shall enter into such
agreement as the Secretary may require to
ensure that the State will maintain its non-
Federal transportation capital expenditures in
such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal
years; except that if, for any 1 of the
preceding 3 fiscal years, the non-Federal
transportation capital expenditures of the
State were at a level that was greater than 130
percent of the average level of such
expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that
the State will maintain its non-Federal
transportation capital expenditures in the
fiscal year of the credit at or above the
average level of such expenditures for the
other 2 fiscal years.
(C) Transportation capital expenditures
defined.--In subparagraph (B), the term ``non-
Federal transportation capital expenditures''
includes any payments made by the State for
issuance of transportation-related bonds.
(3) Treatment.--
(A) Limitation on liability.--Use of a credit
for a non-Federal share under this subsection
that is received from a public, quasi-public,
or private agency--
(i) shall not expose the agency to
additional liability, additional
regulation, or additional
administrative oversight; and
(ii) shall not subject the agency to
any additional Federal design standards
or laws (including regulations) as a
result of providing the non-Federal
share other than those to which the
agency is already subject.
(B) Chartered multistate agencies.--When a
credit that is received from a chartered
multistate agency is applied to a non-Federal
share under this subsection, such credit shall
be applied equally to all charter States.
(j) Use of Federal Agency Funds.--Notwithstanding any other
provision of law, any Federal funds other than those made
available under this title and title 49 may be used to pay the
non-Federal share of the cost of any transportation project
that is within, adjacent to, or provides access to Federal
land, the Federal share of which is funded under this title or
chapter 53 of title 49.
(k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal
transportation program under section 202 and the Federal lands
transportation program under section 203 may be used to pay the
non-Federal share of the cost of any project that is funded
under this title or chapter 53 of title 49 and that provides
access to or within Federal or tribal land.
Sec. 121. Payment to States for construction
(a) In General.--The Secretary, from time to time as the work
progresses, may make payments to a State for costs of
construction incurred by the State on a project (including
payments made pursuant to a long-term concession agreement,
such as availability payments). Such payments may also be made
for the value of the materials--
(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications
for the projects; and
(2) that are not in the vicinity of the construction
if the Secretary determines that because of required
fabrication at an off-site location the material cannot
be stockpiled in such vicinity.
(b) Project Agreement.--No payment shall be made under this
chapter except for a project covered by a project agreement.
After completion of the project in accordance with the project
agreement, a State shall be entitled to payment out of the
appropriate sums apportioned or allocated to the State of the
unpaid balance of the Federal share payable for such project.
(c) Such payments shall be made to such official or officials
or depository as may be designated by the State transportation
department and authorized under the laws of the State to
receive public funds of the State.
* * * * * * *
Sec. 125. Emergency relief
(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and
trails, in any area of the United States, including Indian
reservations, that the Secretary finds have suffered serious
damage as a result of--
(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility.--
(1) Definition of construction phase.--In this
subsection, the term ``construction phase'' means the
phase of physical construction of a highway or bridge
facility that is separate from any other identified
phases, such as planning, design, or right-of- way
phases, in the State transportation improvement
program.
(2) Restriction.--In no case shall funds be used
under this section for the repair or reconstruction of
a bridge--
(A) that has been permanently closed to all
vehicular traffic by the State or responsible
local official because of imminent danger of
collapse due to a structural deficiency or
physical deterioration; or
(B) if a construction phase of a replacement
structure is included in the approved Statewide
transportation improvement program at the time
of an event described in subsection (a).
(c) Funding.--
(1) In general.--Subject to the limitations described
in paragraph (2), there are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as are necessary to
establish the fund authorized by this section and to
replenish that fund on an annual basis.
(2) Limitations.--The limitations referred to in
paragraph (1) are that--
(A) not more than $100,000,000 is authorized
to be obligated in any 1 fiscal year commencing
after September 30, 1980, to carry out this
section, except that, if for any fiscal year
the total of all obligations under this section
is less than the amount authorized to be
obligated for the fiscal year, the unobligated
balance of that amount shall--
(i) remain available until expended;
and
(ii) be in addition to amounts
otherwise available to carry out this
section for each year; and
(B)(i) pending such appropriation or
replenishment, the Secretary may obligate from
any funds appropriated at any time for
obligation in accordance with this title,
including existing Federal-aid appropriations,
such sums as are necessary for the immediate
prosecution of the work herein authorized; and
(ii) funds obligated under this subparagraph
shall be reimbursed from the appropriation or
replenishment.
(d) Eligibility.--
(1) In general.--The Secretary may expend funds from
the emergency fund authorized by this section only for
the repair or reconstruction of highways on Federal-aid
highways in accordance with this chapter, except that--
(A) no funds shall be so expended unless an
emergency has been declared by the Governor of
the State with concurrence by the Secretary,
unless the President has declared the emergency
to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) for which concurrence of the Secretary is
not required; and
(B) the Secretary has received an application
from the State transportation department that
includes a comprehensive list of all eligible
project sites and repair costs by not later
than 2 years after the natural disaster or
catastrophic failure.
(2) Cost limitation.--
(A) Definition of comparable facility.--In
this paragraph, the term ``comparable
facility'' means a facility that meets the
current geometric and construction standards
required for the types and volume of traffic
that the facility will carry over its design
life.
(B) Limitation.--The total cost of a project
funded under this section may not exceed the
cost of repair or reconstruction of a
comparable facility.
(3) Debris removal.--The costs of debris removal
shall be an eligible expense under this section only
for--
(A) an event not declared a major disaster or
emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); [or]
(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance under section 403, 407, or 502 of
that Act (42 U.S.C. 5170b, 5173, 5192)[.]; or
(C) projects eligible for assistance under
this section located on Federal lands
transportation facilities or other federally
owned roads that are open to public travel (as
defined in subsection (e)).
(4) Territories.--The total obligations for projects
under this section for any fiscal year in the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands shall not exceed
$20,000,000.
(5) Substitute traffic.--Notwithstanding any other
provision of this section, actual and necessary costs
of maintenance and operation of ferryboats or
additional transit service providing temporary
substitute highway traffic service, less the amount of
fares charged for comparable service, may be expended
from the emergency fund authorized by this section for
Federal-aid highways.
(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal Lands.--
[(1) Definition of open to public travel.--In this
subsection, the term ``open to public travel'' means,
with respect to a road, that, except during scheduled
periods, extreme weather conditions, or emergencies,
the road is open to the general public for use with 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.]
(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.
(2) Expenditure of funds.--Notwithstanding subsection
(d)(1), the Secretary may expend funds from the
emergency fund authorized by this section,
independently or in cooperation with any other branch
of the Federal Government, a State agency, a tribal
government, an organization, or a person, for the
repair or reconstruction of tribal transportation
facilities, Federal lands transportation facilities,
and other federally owned roads that are open to public
travel, whether or not those facilities are Federal-
aid highways.
(3) Reimbursement.--
(A) In general.--The Secretary may reimburse
Federal and State agencies (including political
subdivisions) for expenditures made for
projects determined eligible under this
section, including expenditures for emergency
repairs made before a determination of
eligibility.
(B) Transfers.--With respect to
reimbursements described in subparagraph (A)--
(i) those reimbursements to Federal
agencies and Indian tribal governments
shall be transferred to the account
from which the expenditure was made, or
to a similar account that remains
available for obligation; and
(ii) the budget authority associated
with the expenditure shall be restored
to the agency from which the authority
was derived and shall be available for
obligation until the end of the fiscal
year following the year in which the
transfer occurs.
(f) Treatment of Territories.--For purposes of this section,
the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands shall be considered to be
States and parts of the United States, and the chief executive
officer of each such territory shall be considered to be a
Governor of a State.
(g) Protecting Public Safety and Maintaining Roadways.--The
Secretary may use not more than 5 percent of amounts from the
emergency fund authorized by this section to carry out projects
that the Secretary determines are necessary to protect the
public safety or to maintain or protect roadways that are
included within the scope of an emergency declaration by the
Governor of the State or by the President, in accordance with
this section, and the Governor deems to be an ongoing concern
in order to maintain vehicular traffic on the roadway.
Sec. 126. Transferability of Federal-aid highway funds
(a) In General.--Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an
apportionment under section 104(b) not to exceed 50 percent of
the amount apportioned for the fiscal year to any other
apportionment of the State under that section.
(b) Application to Certain Set-asides.--
(1) In general.--Funds that are subject to sections
104(d) and 133(d) shall not be transferred under this
section.
(2) Funds transferred by States.--Funds transferred
by a State under this section of the funding reserved
for the State under [section 213] section 133(h) for a
fiscal year may only come from the portion of those
funds that are available for obligation in any area of
the State under [section 213(c)(1)(B)] section 133(h).
Sec. 127. Vehicle weight limitations - Interstate System
(a) In General.--
(1) The Secretary shall withhold 50 percent of the
apportionment of a State under section 104(b)(1) in any
fiscal year in which the State does not permit the use
of The Dwight D. Eisenhower System of Interstate and
Defense Highways within its boundaries by vehicles with
a weight of twenty thousand pounds carried on any one
axle, including enforcement tolerances, or with a
tandem axle weight of thirty-four thousand pounds,
including enforcement tolerances, or a gross weight of
at least eighty thousand pounds for vehicle
combinations of five axles or more.
(2) However, the maximum gross weight to be allowed
by any State for vehicles using The Dwight D.
Eisenhower System of Interstate and Defense Highways
shall be twenty thousand pounds carried on one axle,
including enforcement tolerances, and a tandem axle
weight of thirty-four thousand pounds, including
enforcement tolerances and with an overall maximum
gross weight, including enforcement tolerances, on a
group of two or more consecutive axles produced by
application of the following formula: W=500(LN/(N-
1)+12N+36)
where W equals overall gross weight on any group of two
or more consecutive axles to the nearest five hundred
pounds, L equals distance in feet between the extreme
of any group of two or more consecutive axles, and N
equals number of axles in group under consideration,
except that two consecutive sets of tandem axles may
carry a gross load of thirty-four thousand pounds each
providing the overall distance between the first and
last axles of such consecutive sets of tandem axles (1)
is thirty-six feet or more, or (2) in the case of a
motor vehicle hauling any tank trailer, dump trailer,
or ocean transport container before September 1, 1989,
is 30 feet or more: Provided, That such overall gross
weight may not exceed eighty thousand pounds, including
all enforcement tolerances, except for vehicles using
Interstate Route 29 between Sioux City, Iowa, and the
border between Iowa and South Dakota or vehicles using
Interstate Route 129 between Sioux City, Iowa, and the
border between Iowa and Nebraska, and except for those
vehicles and loads which cannot be easily dismantled or
divided and which have been issued special permits in
accordance with applicable State laws, or the
corresponding maximum weights permitted for vehicles
using the public highways of such State under laws or
regulations established by appropriate State authority
in effect on July 1, 1956, except in the case of the
overall gross weight of any group of two or more
consecutive axles on any vehicle (other than a vehicle
comprised of a motor vehicle hauling any tank trailer,
dump trailer, or ocean transport container on or after
September 1, 1989), on the date of enactment of the
Federal-Aid Highway Amendments of 1974, whichever is
the greater.
(3) Any amount which is withheld from apportionment
to any State pursuant to the foregoing provisions shall
lapse if not released and obligated within the
availability period specified in section 118(b)(2) of
this title.
(4) This section shall not be construed to deny
apportionment to any State allowing the operation
within such State of any vehicles or combinations
thereof, other than vehicles or combinations subject to
subsection (d) of this section, which the State
determines could be lawfully operated within such State
on July 1, 1956, except in the case of the overall
gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid
Highway Amendments of 1974.
(5) With respect to the State of Hawaii, laws or
regulations in effect on February 1, 1960, shall be
applicable for the purposes of this section in lieu of
those in effect on July 1, 1956.
(6) With respect to the State of Colorado, vehicles
designed to carry 2 or more precast concrete panels
shall be considered a nondivisible load.
(7) With respect to the State of Michigan, laws or
regulations in effect on May 1, 1982, shall be
applicable for the purposes of this subsection.
(8) With respect to the State of Maryland, laws and
regulations in effect on June 1, 1993, shall be
applicable for the purposes of this subsection.
(9) he State of Louisiana may allow, by special
permit, the operation of vehicles with a gross vehicle
weight of up to 100,000 pounds for the hauling of
sugarcane during the harvest season, not to exceed 100
days annually.
(10) With respect to Interstate Routes 89, 93, and 95
in the State of New Hampshire, State laws (including
regulations) concerning vehicle weight limitations that
were in effect on January 1, 1987, and are applicable
to State highways other than the Interstate System,
shall be applicable in lieu of the requirements of this
subsection.
(11)(A) With respect to all portions of the
Interstate Highway System in the State of Maine, laws
(including regulations) of that State concerning
vehicle weight limitations applicable to other State
highways shall be applicable in lieu of the
requirements under this subsection through December 31,
2031.
(B) With respect to all portions of the Interstate
Highway System in the State of Vermont, laws (including
regulations) of that State concerning vehicle weight
limitations applicable to other State highways shall be
applicable in lieu of the requirements under this
subsection through December 31, 2031.
(12) Heavy duty vehicles.--
(A) In general.--Subject to subparagraphs (B)
and (C), in order to promote reduction of fuel
use and emissions because of engine idling, the
maximum gross vehicle weight limit and the axle
weight limit for any heavy-duty vehicle
equipped with an idle reduction technology
shall be increased by a quantity necessary to
compensate for the additional weight of the
idle reduction system.
(B) Maximum weight increase.--The weight
increase under subparagraph (A) shall be not
greater than 550 pounds.
(C) Proof.--On request by a regulatory agency
or law enforcement agency, the vehicle operator
shall provide proof (through demonstration or
certification) that--
(i) the idle reduction technology is
fully functional at all times; and
(ii) the 550-pound gross weight
increase is not used for any purpose
other than the use of idle reduction
technology described in subparagraph
(A).
(13) Milk products.--A vehicle carrying fluid milk
products shall be considered a load that cannot be
easily dismantled or divided.
(14) Emergency vehicles.--
(A) In general.--With respect to an emergency
vehicle, the following weight limits shall
apply in lieu of the maximum and minimum weight
limits specified in this subsection:
(i) 24,000 pounds on a single
steering axle.
(ii) 33,500 pounds on a single drive
axle.
(iii) 62,000 pounds on a tandem axle.
(iv) A maximum gross vehicle weight
of 86,000 pounds.
(B) Emergency vehicle defined.--In this
paragraph, the term ``emergency vehicle'' means
a vehicle designed--
(i) to be used under emergency
conditions to transport personnel and
equipment; and
(ii) to support the suppression of
fires and mitigation of other hazardous
situations.
(b) Reasonable Access.--No State may enact or enforce any law
denying reasonable access to motor vehicles subject to this
title to and from the Interstate Highway System to terminals
and facilities for food, fuel, repairs, and rest.
(c) Ocean Transport Container Defined.--For purposes of this
section, the term ``ocean transport container'' has the meaning
given the term ``freight container'' by the International
Standards Organization in Series 1, Freight Containers, 3rd
Edition (reference number IS0668-1979(E)) as in effect on the
date of the enactment of this subsection.
(d) Longer Combination Vehicles.--
(1) Prohibition.--
(A) General continuation rule.--A longer
combination vehicle may continue to operate
only if the longer combination vehicle
configuration type was authorized by State
officials pursuant to State statute or
regulation conforming to this section and in
actual lawful operation on a regular or
periodic basis (including seasonal operations)
on or before June 1, 1991, or pursuant to
section 335 of the Department of Transportation
and Related Agencies Appropriations Act, 1991
(104 Stat. 2186).
(B) Applicability of state laws and
regulations.--All such operations shall
continue to be subject to, at the minimum, all
State statutes, regulations, limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions, in
force on June 1, 1991; except that subject to
such regulations as may be issued by the
Secretary pursuant to paragraph (5) of this
subsection, the State may make minor
adjustments of a temporary and emergency nature
to route designations and vehicle operating
restrictions in effect on June 1, 1991, for
specific safety purposes and road construction.
(C) Wyoming.--In addition to those vehicles
allowed under subparagraph (A), the State of
Wyoming may allow the operation of additional
vehicle configurations not in actual operation
on June 1, 1991, but authorized by State law
not later than November 3, 1992, if such
vehicle configurations comply with the single
axle, tandem axle, and bridge formula limits
set forth in subsection (a) and do not exceed
117,000 pounds gross vehicle weight.
(D) Ohio.--In addition to vehicles which the
State of Ohio may continue to allow to be
operated under subparagraph (A), such State may
allow longer combination vehicles with 3 cargo
carrying units of 28 1/2 feet each (not
including the truck tractor) not in actual
operation on June 1, 1991, to be operated
within its boundaries on the 1-mile segment of
Ohio State Route 7 which begins at and is south
of exit 16 of the Ohio Turnpike.
(E) Alaska.--In addition to vehicles which
the State of Alaska may continue to allow to be
operated under subparagraph (A), such State may
allow the operation of longer combination
vehicles which were not in actual operation on
June 1, 1991, but which were in actual
operation prior to July 5, 1991.
(F) Iowa.--In addition to vehicles that the
State of Iowa may continue to allow to be
operated under subparagraph (A), the State may
allow longer combination vehicles that were not
in actual operation on June 1, 1991, to be
operated on Interstate Route 29 between Sioux
City, Iowa, and the border between Iowa and
South Dakota or Interstate Route 129 between
Sioux City, Iowa, and the border between Iowa
and Nebraska.
(2) Additional state restrictions.--
(A) In general.--Nothing in this subsection
shall prevent any State from further
restricting in any manner or prohibiting the
operation of longer combination vehicles
otherwise authorized under this subsection;
except that such restrictions or prohibitions
shall be consistent with the requirements of
sections 31111-31114 of title 49.
(B) Minor adjustments.--Any State further
restricting or prohibiting the operations of
longer combination vehicles or making minor
adjustments of a temporary and emergency nature
as may be allowed pursuant to regulations
issued by the Secretary pursuant to paragraph
(5) of this subsection, shall, within 30 days,
advise the Secretary of such action, and the
Secretary shall publish a notice of such action
in the Federal Register.
(3) Publication of list.--
(A) Submission to secretary.--Within 60 days
of the date of the enactment of this
subsection, each State (i) shall submit to the
Secretary for publication in the Federal
Register a complete list of (I) all operations
of longer combination vehicles being conducted
as of June 1, 1991, pursuant to State statutes
and regulations; (II) all limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions,
governing the operation of longer combination
vehicles otherwise prohibited under this
subsection; and (III) such statutes,
regulations, limitations, and conditions; and
(ii) shall submit to the Secretary copies of
such statutes, regulations, limitations, and
conditions.
(B) Interim list.--Not later than 90 days
after the date of the enactment of this
subsection, the Secretary shall publish an
interim list in the Federal Register,
consisting of all information submitted
pursuant to subparagraph (A). The Secretary
shall review for accuracy all information
submitted by the States pursuant to
subparagraph (A) and shall solicit and consider
public comment on the accuracy of all such
information.
(C) Limitation.--No statute or regulation
shall be included on the list submitted by a
State or published by the Secretary merely on
the grounds that it authorized, or could have
authorized, by permit or otherwise, the
operation of longer combination vehicles, not
in actual operation on a regular or periodic
basis on or before June 1, 1991.
(D) Final list.--Except as modified pursuant
to paragraph (1)(C) of this subsection, the
list shall be published as final in the Federal
Register not later than 180 days after the date
of the enactment of this subsection. In
publishing the final list, the Secretary shall
make any revisions necessary to correct
inaccuracies identified under subparagraph (B).
After publication of the final list, longer
combination vehicles may not operate on the
Interstate System except as provided in the
list.
(E) Review and correction procedure.--The
Secretary, on his or her own motion or upon a
request by any person (including a State),
shall review the list issued by the Secretary
pursuant to subparagraph (D). If the Secretary
determines there is cause to believe that a
mistake was made in the accuracy of the final
list, the Secretary shall commence a proceeding
to determine whether the list published
pursuant to subparagraph (D) should be
corrected. If the Secretary determines that
there is a mistake in the accuracy of the list
the Secretary shall correct the publication
under subparagraph (D) to reflect the
determination of the Secretary.
(4) Longer combination vehicle defined.--For purposes
of this section, the term ``longer combination
vehicle'' means any combination of a truck tractor and
2 or more trailers or semitrailers which operates on
the Interstate System at a gross vehicle weight greater
than 80,000 pounds.
(5) Regulations regarding minor adjustments.--Not
later than 180 days after the date of the enactment of
this subsection, the Secretary shall issue regulations
establishing criteria for the States to follow in
making minor adjustments under paragraph (1)(B).
(e) Operation of Certain Specialized Hauling Vehicles on
Interstate Route 68.--The single axle, tandem axle, and bridge
formula limits set forth in subsection (a) shall not apply to
the operation on Interstate Route 68 in Garrett and Allegany
Counties, Maryland, of any specialized vehicle equipped with a
steering axle and a tridem axle and used for hauling coal,
logs, and pulpwood if such vehicle is of a type of vehicle as
was operating in such counties on United States Route 40 or 48
for such purpose on August 1, 1991.
(f) Operation of Certain Specialized Hauling Vehicles on
Certain Wisconsin Highways.--If the 104-mile portion of
Wisconsin State Route 78 and United States Route 51 between
Interstate Route 94 near Portage, Wisconsin, and Wisconsin
State Route 29 south of Wausau, Wisconsin, is designated as
part of the Interstate System under section 103(c)(4)(A), the
single axle weight, tandem axle weight, gross vehicle weight,
and bridge formula limits set forth in subsection (a) shall not
apply to the 104-mile portion with respect to the operation of
any vehicle that could legally operate on the 104-mile portion
before the date of the enactment of this subsection.
(g) Operation of Certain Specialized Hauling Vehicles on
Certain Pennsylvania Highways.--If the segment of United States
Route 220 between Bedford and Bald Eagle, Pennsylvania, is
designated as part of the Interstate System, the single axle
weight, tandem axle weight, gross vehicle weight, and bridge
formula limits set forth in subsection (a) shall not apply to
that segment with respect to the operation of any vehicle which
could have legally operated on that segment before the date of
the enactment of this subsection.
(h) Waiver for a Route in State of Maine During Periods of
National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, the Secretary, in consultation with
the Secretary of Defense, may waive or limit the
application of any vehicle weight limit established
under this section with respect to the portion of
Interstate Route 95 in the State of Maine between
Augusta and Bangor for the purpose of making bulk
shipments of jet fuel to the Air National Guard Base at
Bangor International Airport during a period of
national emergency in order to respond to the effects
of the national emergency.
(2) Applicability.--Emergency limits established
under paragraph (1) shall preempt any inconsistent
State vehicle weight limits.
(i) Special Permits During Periods of National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, a State may issue special permits
during an emergency to overweight vehicles and loads
that can easily be dismantled or divided if--
(A) the President has declared the emergency
to be a major disaster under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) the permits are issued in accordance with
State law; and
(C) the permits are issued exclusively to
vehicles and loads that are delivering relief
supplies.
(2) Expiration.--A permit issued under paragraph (1)
shall expire not later than 120 days after the date of
the declaration of emergency under subparagraph (A) of
that paragraph.
(j) Operation of Vehicles on Certain Other Wisconsin
Highways.--If any segment of the United States Route 41
corridor, as described in section 1105(c)(57) of the Intermodal
Surface Transportation Efficiency Act of 1991, is designated as
a route on the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation may
continue to operate on that segment, without regard to any
requirement under subsection (a).
(k) Operation of Vehicles on Certain Mississippi Highways.--
If any segment of United States Route 78 in Mississippi from
mile marker 0 to mile marker 113 is designated as part of the
Interstate System, no limit established under this section may
apply to that segment with respect to the operation of any
vehicle that could have legally operated on that segment before
such designation.
(l) Operation of Vehicles on Certain Kentucky Highways.--
(1) In general.--If any segment of highway described
in paragraph (2) is designated as a route on the
Interstate System, a vehicle that could operate legally
on that segment before the date of such designation may
continue to operate on that segment, without regard to
any requirement under subsection (a).
(2) Description of highway segments.--The highway
segments referred to in paragraph (1) are as follows:
(A) Interstate Route 69 in Kentucky (formerly
the Wendell H. Ford (Western Kentucky) Parkway)
from the Interstate Route 24 Interchange, near
Eddyville, to the Edward T. Breathitt
(Pennyrile) Parkway Interchange.
(B) The Edward T. Breathitt (Pennyrile)
Parkway (to be designated as Interstate Route
69) in Kentucky from the Wendell H. Ford
(Western Kentucky) Parkway Interchange to near
milepost 77, and on new alignment to an
interchange on the Audubon Parkway, if the
segment is designated as part of the Interstate
System.
(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.
* * * * * * *
Sec. 129. Toll roads, bridges, tunnels, and ferries
(a) Basic Program.--
(1) Authorization for Federal participation.--Subject
to the provisions of this section, Federal
participation shall be permitted on the same basis and
in the same manner as construction of toll-free
highways is permitted under this chapter in the--
(A) initial construction of a toll highway,
bridge, or tunnel or approach to the highway,
bridge, or tunnel;
(B) initial construction of 1 or more lanes
or other improvements that increase capacity of
a highway[, bridge, or tunnel] (other than a
highway on the Interstate System) and
conversion of that highway[, bridge, or tunnel]
to a tolled facility, if the number of toll-
free lanes, excluding auxiliary lanes, after
the construction is not less than the number of
toll-free lanes, excluding auxiliary lanes,
before the construction;
(C) initial construction of 1 or more lanes
or other improvements that increase the
capacity of a highway[, bridge, or tunnel] on
the Interstate System and conversion of that
highway[, bridge, or tunnel] to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non- HOV lanes, excluding auxiliary
lanes, before such construction;
(D) reconstruction, resurfacing, restoration,
rehabilitation, or replacement of a toll
highway, bridge, or tunnel or approach to the
highway, bridge, or tunnel;
(E) reconstruction or replacement of a toll-
free bridge or tunnel and conversion of the
bridge or tunnel to a toll facility;
(F) reconstruction of a toll-free Federal-aid
highway (other than a highway on the Interstate
System) and conversion of the highway to a toll
facility;
[(G) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or
rehabilitation;]
[(H)] (G) conversion of a high occupancy
vehicle (HOV) lane on a highway, bridge, or
tunnel to a toll facility under section 166 of
the title; and
[(I)] (H) preliminary studies to determine
the feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
(2) Ownership.--Each highway, bridge, tunnel, or
approach to the highway, bridge, or tunnel constructed
under this subsection shall--
(A) be publicly owned; or
(B) be privately owned if the public
authority with jurisdiction over the highway,
bridge, tunnel, or approach has entered into a
contract with 1 or more private persons to
design, finance, construct, and operate the
facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
(3) Limitations on use of revenues.--
(A) In general.--A public authority with
jurisdiction over a toll facility [shall use]
shall ensure that all toll revenues received
from operation of the toll facility are used
only for--
(i) debt service with respect to the
projects on or for which the tolls are
authorized, including funding of
reasonable reserves and debt service on
refinancing;
(ii) a reasonable return on
investment of any private person
financing the project, as determined by
the State or interstate compact of
States concerned;
(iii) any costs necessary for the
improvement and proper operation and
maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation;
(iv) if the toll facility is subject
to a public- private partnership
agreement, payments that the party
holding the right to toll revenues owes
to the other party under the public-
private partnership agreement; and
(v) if the public authority certifies
annually that the tolled facility is
being adequately maintained, any other
purpose for which Federal funds may be
obligated by a State under this title.
(B) Annual audit.--
(i) In general.--A public authority
with jurisdiction over a toll facility
shall conduct or have an independent
auditor conduct an annual audit of toll
facility records to verify adequate
maintenance and compliance with
subparagraph (A), and report the
results of the audits to the Secretary.
(ii) Records.--On reasonable notice,
the public authority shall make all
records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
(C) Noncompliance.--If the Secretary
concludes that a public authority has not
complied with the limitations on the use of
revenues described in subparagraph (A), the
Secretary may require the public authority to
discontinue collecting tolls until an agreement
with the Secretary is reached to achieve
compliance with the limitation on the use of
revenues described in subparagraph (A).
[(4) Limitations on conversion of high occupancy
vehicle facilities on interstate system.--
[(A) In general.--A public authority with
jurisdiction over a high occupancy vehicle
facility on the Interstate System may undertake
reconstruction, restoration, or rehabilitation
under paragraph (1)(G) on the facility, and may
levy tolls on vehicles, excluding high
occupancy vehicles, using the reconstructed,
restored, or rehabilitated facility, if the
public authority--
[(i) in the case of a high occupancy
vehicle facility that affects a
metropolitan area, submits to the
Secretary a written assurance that the
metropolitan planning organization
designated under section 5203 of title
49 for the area has been consulted
concerning the placement and amount of
tolls on the converted facility;
[(ii) develops, manages, and
maintains a system that will
automatically collect the toll; and
[(iii) establishes policies and
procedures--
[(I) to manage the demand to
use the facility by varying the
toll amount that is charged;
and
[(II) to enforce sanctions
for violations of use of the
facility.
[(B) Exemption from tolls.--In levying tolls
on a facility under subparagraph (A), a public
authority may designate classes of vehicles
that are exempt from the tolls or charge
different toll rates for different classes of
vehicles.]
[(5)] (4) Special rule for funding.--
(A) In general.--In the case of a toll
facility under the jurisdiction of a public
authority of a State (other than the State
transportation department), on request of the
State transportation department and subject to
such terms and conditions as the department and
public authority may agree, the Secretary,
working through the State department of
transportation, shall reimburse the public
authority for the Federal share of the costs of
construction of the project carried out on the
toll facility under this subsection in the same
manner and to the same extent as the department
would be reimbursed if the project was being
carried out by the department.
(B) Source.--The reimbursement of funds under
this paragraph shall be from sums apportioned
to the State under this chapter and available
for obligations on projects on the Federal-aid
system in the State on which the project is
being carried out.
[(6)] (5) Limitation on Federal share.--The Federal
share payable for a project described in paragraph (1)
shall be a percentage determined by the State, but not
to exceed 80 percent.
[(7)] (6) Modifications.--If a public authority
(including a State transportation department) with
jurisdiction over a toll facility subject to an
agreement under this section or section 119(e), as in
effect on the day before the effective date of title I
of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 1915), requests modification of the
agreement, the Secretary shall modify the agreement to
allow the continuation of tolls in accordance with
paragraph (3) without repayment of Federal funds.
[(8)] (7) Loans.--
(A) In general.--
(i) Loans.--Using amounts made
available under this title, a State may
loan to a public or private entity
constructing or proposing to construct
under this section a toll facility or
non-toll facility with a dedicated
revenue source an amount equal to all
or part of the Federal share of the
cost of the project if the project has
a revenue source specifically dedicated
to the project.
(ii) Dedicated revenue sources.--
Dedicated revenue sources for non-toll
facilities include excise taxes, sales
taxes, motor vehicle use fees, tax on
real property, tax increment financing,
and such other dedicated revenue
sources as the Secretary determines
appropriate.
(B) Compliance with Federal laws.--As a
condition of receiving a loan under this
paragraph, the public or private entity that
receives the loan shall ensure that the project
will be carried out in accordance with this
title and any other applicable Federal law,
including any applicable provision of a Federal
environmental law.
(C) Subordination of debt.--The amount of any
loan received for a project under this
paragraph may be subordinated to any other debt
financing for the project.
(D) Obligation of funds loaned.--Funds loaned
under this paragraph may only be obligated for
projects under this paragraph.
(E) Repayment.--The repayment of a loan made
under this paragraph shall commence not later
than 5 years after date on which the facility
that is the subject of the loan is open to
traffic.
(F) Term of loan.--The term of a loan made
under this paragraph shall not exceed 30 years
from the date on which the loan funds are
obligated.
(G) Interest.--A loan made under this
paragraph shall bear interest at or below
market interest rates, as determined by the
State, to make the project that is the subject
of the loan feasible.
(H) Reuse of funds.--Amounts repaid to a
State from a loan made under this paragraph may
be obligated--
(i) for any purpose for which the
loan funds were available under this
title; and
(ii) for the purchase of insurance or
for use as a capital reserve for other
forms of credit enhancement for project
debt in order to improve credit market
access or to lower interest rates for
projects eligible for assistance under
this title.
(I) Guidelines.--The Secretary shall
establish procedures and guidelines for making
loans under this paragraph.
[(9)] (8) State law permitting tolling.--If a State
does not have a highway, bridge, or tunnel toll
facility as of the date of enactment of the MAP-21,
before commencing any activity authorized under this
section, the State shall have in effect a law that
permits tolling on a highway, bridge, or tunnel.
[(10)] (9) Definitions.--In this subsection, the
following definitions apply:
(A) High occupancy vehicle; HOV.--The term
``high occupancy vehicle'' or ``HOV'' means a
vehicle with not fewer than 2 occupants.
(B) Initial construction.--
(i) In general.--The term ``initial
construction'' means the construction
of a highway, bridge, tunnel, or other
facility at any time before it is open
to traffic.
(ii) Exclusions.--The term ``initial
construction'' does not include any
improvement to a highway, bridge,
tunnel, or other facility after it is
open to traffic.
(C) Public authority.--The term ``public
authority'' means a State, interstate compact
of States, or public entity designated by a
State.
(D) Toll facility.--The term ``toll
facility'' means a toll highway, bridge, or
tunnel or approach to the highway, bridge, or
tunnel constructed under this subsection.
(b) Notwithstanding the provisions of section 301 of this
title, the Secretary may permit Federal participation under
this title in the construction of a project constituting an
approach to a ferry, whether toll or free, the route of which
is a public road and has not been designated as a route on the
Interstate System. Such ferry may be either publicly or
privately owned and operated, but the operating authority and
the amount of fares charged for passage shall be under the
control of a State agency or official, and all revenues derived
from publicly owned or operated ferries shall be applied to
payment of the cost of construction or acquisition thereof,
including debt service, and to actual and necessary costs of
operation, maintenance, repair, and replacement.
(c) Notwithstanding section 301 of this title, the Secretary
may permit Federal participation under this title in the
construction of ferry boats and ferry terminal facilities,
whether toll or free, subject to the following conditions:
(1) It is not feasible to build a bridge, tunnel,
combination thereof, or other normal highway structure
in lieu of the use of such ferry.
(2) The operation of the ferry shall be on a route
classified as a public road within the State and which
has not been designated as a route on the Interstate
System. Projects under this subsection may be eligible
for both ferry boats carrying cars and passengers and
ferry boats carrying passengers only.
(3) Such ferry boat or ferry terminal facility shall
be publicly owned or operated or majority publicly
owned if the Secretary determines with respect to a
majority publicly owned ferry or ferry terminal
facility that such ferry boat or ferry terminal
facility provides substantial public benefits.
(4) The operating authority and the amount of fares
charged for passage on such ferry shall be under the
control of the State or other public entity, and all
revenues derived therefrom shall be applied to actual
and necessary costs of operation, maintenance, and
repair, debt service, negotiated management fees, and,
in the case of a privately operated toll ferry, for a
reasonable rate of return.
(5) Such ferry may be operated only within the State
(including the islands which comprise the State of
Hawaii and the islands which comprise any territory of
the United States) or between adjoining States or
between a point in a State and a point in the Dominion
of Canada. Except with respect to operations between
the islands which comprise the State of Hawaii,
operations between the islands which comprise any
territory of the United States, operations between a
point in a State and a point in the Dominion of Canada,
and operations between any two points in Alaska and
between Alaska and Washington, including stops at
appropriate points in the Dominion of Canada, no part
of such ferry operation shall be in any foreign or
international waters.
(6) No such ferry shall be sold, leased, or otherwise
disposed of without the approval of the Secretary. The
Federal share of any proceeds from such a disposition
shall be credited to the unprogramed balance of
Federal-aid highway funds of the same class last
apportioned to such State. Any amount so credited shall
be in addition to all other funds then apportioned to
such State and available for expenditure in accordance
with the provisions of this title.
Sec. 130. Railway-highway crossings
(a) Subject to section 120 and subsection (b) of this
section, the entire cost of construction of projects for the
elimination of hazards of railway-highway crossings, including
the separation or protection of grades at crossings, the
reconstruction of existing railroad grade crossing structures,
and the relocation of highways to eliminate grade crossings,
may be paid from sums apportioned in accordance with section
104 of this title. In any case when the elimination of the
hazards of a railway-highway crossing can be effected by the
relocation of a portion of a railway at a cost estimated by the
Secretary to be less than the cost of such elimination by one
of the methods mentioned in the first sentence of this section,
then the entire cost of such relocation project, subject to
section 120 and subsection (b) of this section, may be paid
from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a
percentage of the costs of construction which shall be deemed
to represent the net benefit to the railroad or railroads for
the purpose of determining the railroad's share of the cost of
construction. The percentage so determined shall in no case
exceed 10 per centum. The Secretary shall determine the
appropriate classification of each project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in
part from sums made available for expenditure under this title,
or prior Acts, shall be liable to the United States for the net
benefit to the railroad determined under the classification of
such project made pursuant to subsection (b) of this section.
Such liability to the United States may be discharged by direct
payment to the State transportation department of the State in
which the project is located, in which case such payment shall
be credited to the cost of the project. Such payment may
consist in whole or in part of materials and labor furnished by
the railroad in connection with the construction of such
project. If any such railroad fails to discharge such liability
within a six-month period after completion of the project, it
shall be liable to the United States for its share of the cost,
and the Secretary shall request the Attorney General to
institute proceedings against such railroad for the recovery of
the amount for which it is liable under this subsection. The
Attorney General is authorized to bring such proceedings on
behalf of the United States, in the appropriate district court
of the United States, and the United States shall be entitled
in such proceedings to recover such sums as it is considered
and adjudged by the court that such railroad is liable for in
the premises. Any amounts recovered by the United States under
this subsection shall be credited to miscellaneous receipts.
(d) Survey and Schedule of Projects.--Each State shall
conduct and systematically maintain a survey of all highways to
identify those railroad crossings which may require separation,
relocation, or protective devices, and establish and implement
a schedule of projects for this purpose. At a minimum, such a
schedule shall provide signs for all railway-highway crossings.
(e) Funds for Protective Devices.--
[(1) In general.--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, at least
$220,000,000 for the elimination of hazards and the
installation of protective devices at railway-highway
crossings. At least 1/2 of the funds authorized for and
expended under this section shall be available for the
installation of protective devices at railway-highway
crossings. Sums authorized to be appropriated to carry
out this section shall be available for obligation in
the same manner as funds apportioned under section
104(b)(1) of this title.]
(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;
(v) $245,000,000 for fiscal year
2020; and
(vi) $250,000,000 for fiscal year
2021.
(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) of
this title.
(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met
all its needs for installation of protective devices at
railway-highway crossings, the State may use funds made
available by this section for other highway safety
improvement program purposes.
(f) Apportionment.--
(1) Formula.--Fifty percent of the funds set aside to
carry out this section pursuant to subsection (e)(1)
shall be apportioned to the States in accordance with
the formula set forth in section 104(b)(3)(A) as in
effect on the day before the date of enactment of the
MAP-21, and 50 percent of such funds shall be
apportioned to the States in the ratio that total
public railway-highway crossings in each State bears to
the total of such crossings in all States.
(2) Minimum apportionment.--Notwithstanding paragraph
(1), each State shall receive a minimum of one-half of
1 percent of the funds apportioned under paragraph (1).
(3) Federal share.--The Federal share payable on
account of any project financed with funds set aside to
carry out this section shall be 90 percent of the cost
thereof.
(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation, of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, not later than April 1, 2006, and every 2
years thereafter,, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.
(h) Use of Funds for Matching.--Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement of
railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision
of this section and subject to paragraphs (2) and (3),
a State may, from sums available to the State under
this section, make incentive payments to local
governments in the State upon the permanent closure by
such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not
make an incentive payment under paragraph (1) to a
local government with respect to the closure of a
crossing unless the railroad owning the tracks on which
the crossing is located makes an incentive payment to
the government with respect to the closure.
(3) Amount of state payment.--The amount of the
incentive payment payable to a local government by a
State under paragraph (1) with respect to a crossing
may not exceed the lesser of--
(A) the amount of the incentive payment paid
to the government with respect to the crossing
by the railroad concerned under paragraph (2);
or
(B) $7,500.
(4) Use of state payments.--A local government
receiving an incentive payment from a State under
paragraph (1) shall use the amount of the incentive
payment for transportation safety improvements.
(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.
(k) Expenditure of Funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by
the State for compilation and analysis of data in support of
activities carried out under subsection (g).
(l) National Crossing Inventory.--
(1) Initial reporting of crossing information.--Not
later than 1 year after the date of enactment of the
Rail Safety Improvement Act of 2008 or within 6 months
of a new crossing becoming operational, whichever
occurs later, each State shall report to the Secretary
of Transportation current information, including
information about warning devices and signage, as
specified by the Secretary, concerning each previously
unreported public crossing located within its borders.
(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 2 years after
the date of enactment of the Rail Safety Improvement
Act of 2008 and on or before September 30 of every year
thereafter, or as otherwise specified by the Secretary,
each State shall report to the Secretary current
information, including information about warning
devices and signage, as specified by the Secretary,
concerning each public crossing located within its
borders.
* * * * * * *
Sec. 133. [Surface transportation program] Surface transportation
block grant program
[(a) Establishment.--The Secretary shall establish a surface
transportation program in accordance with this section.
[(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(2) for the surface
transportation program only for the following:
[(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, or operational
improvements for highways, including construction of
designated routes of the Appalachian development
highway system and local access roads under section
14501 of title 40.
[(2) Replacement (including replacement with fill
material), rehabilitation, preservation, protection
(including painting, scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme events)
and application of calcium magnesium acetate, sodium
acetate/ formate, or other environmentally acceptable,
minimally corrosive anti-icing and deicing compositions
for bridges (and approaches to bridges and other
elevated structures) and tunnels on public roads of all
functional classifications, including any such
construction or reconstruction necessary to accommodate
other transportation modes.
[(3) Construction of a new bridge or tunnel at a new
location on a Federal-aid highway.
[(4) Inspection and evaluation of bridges and tunnels
and training of bridge and tunnel inspectors (as
defined in section 144), and inspection and evaluation
of other highway assets (including signs, retaining
walls, and drainage structures).
[(5) Capital costs for transit projects eligible for
assistance under chapter 53 of title 49, including
vehicles and facilities, whether publicly or privately
owned, that are used to provide intercity passenger
service by bus.
[(6) Carpool projects, fringe and corridor parking
facilities and programs, including electric vehicle and
natural gas vehicle infrastructure in accordance with
section 137, bicycle transportation and pedestrian
walkways in accordance with section 217, and the
modifications of public sidewalks to comply with the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
[(7) Highway and transit safety infrastructure
improvements and programs, installation of safety
barriers and nets on bridges, hazard eliminations,
projects to mitigate hazards caused by wildlife, and
railway-highway grade crossings.
[(8) Highway and transit research and development and
technology transfer programs.
[(9) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs, including advanced truck stop electrification
systems.
[(10) Surface transportation planning programs.
[(11) Transportation alternatives.
[(12) Transportation control measures listed in
section 108(f)(1)(A) (other than clause (xvi)) of the
Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
[(13) Development and establishment of management
systems
[(14) Environmental mitigation efforts relating to
projects funded under this title in the same manner and
to the same extent as such activities are eligible
under section 119(g).
[(15) Projects relating to intersections that--
[(A) have disproportionately high accident
rates;
[(B) have high levels of congestion, as
evidenced by--
[(i) interrupted traffic flow at the
intersection; and
[(ii) a level of service rating that
is not better than ``F''' during peak
travel hours, calculated in accordance
with the Highway Capacity Manual issued
by the Transportation Research Board;
and
[(C) are located on a Federal-aid highway.
[(16) Infrastructure-based intelligent transportation
systems capital improvements.
[(17) Environmental restoration and pollution
abatement in accordance with section 328.
[(18) Control of noxious weeds and aquatic noxious
weeds and establishment of native species in accordance
with section 329.
[(19) Projects and strategies designed to support
congestion pricing, including electric toll collection
and travel demand management strategies and programs.
[(20) Recreational trails projects eligible for
funding under section 206.
[(21) Construction of ferry boats and ferry terminal
facilities eligible for funding under section 129(c).
[(22) Border infrastructure projects eligible for
funding under section 1303 of the SAFETEA-LU (23 U.S.C.
101 note; Public Law 109-59).
[(23) Truck parking facilities eligible for funding
under section 1401 of the MAP-21.
[(24) Development and implementation of a State asset
management plan for the National Highway System in
accordance with section 119, including data collection,
maintenance, and integration and the costs associated
with obtaining, updating, and licensing software and
equipment required for risk based asset management and
performance based management, and for similar
activities related to the development and
implementation of a performance based management
program for other public roads.
[(25) A project that, if located within the
boundaries of a port terminal, includes only such
surface transportation infrastructure modifications as
are necessary to facilitate direct intermodal
interchange, transfer, and access into and out of the
port.
[(26) Construction and operational improvements for
any minor collector if--
[(A) the minor collector, and the project to
be carried out with respect to the minor
collector, are in the same corridor as, and in
proximity to, a Federal-aid highway designated
as part of the National Highway System;
[(B) the construction or improvements will
enhance the level of service on the Federal-aid
highway described in subparagraph (A) and
improve regional traffic flow; and
[(C) the construction or improvements are
more cost-effective, as determined by a
benefit-cost analysis, than an improvement to
the Federal-aid highway described in
subparagraph (A).
[(c) Location of Projects.--Surface transportation program
projects may not be undertaken on roads functionally classified
as local or rural minor collectors unless the roads were on a
Federal-aid highway system on January 1, 1991, except--
[(1) as provided in subsection (g);
[(2) for projects described in paragraphs (2), (4),
(6), (7), (11), (20), (25), and (26) of subsection (b);
and
[(3) 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)--
[(A) 50 percent 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) 50 percent 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)(ii), before obligating funding attributed to an
area with a population greater than 5,000 and less than
200,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.
[(4) Distribution among urbanized areas of over
200,000 population.--
[(A) In general.--Except as provided in
subparagraph (B), the amount of funds that a
State is required to obligate under paragraph
(1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the
relative population of the areas.
[(B) Other factors.--The State may obligate
the funds described in subparagraph (A) based
on other factors if the State and the relevant
metropolitan planning organizations jointly
apply to the Secretary for the permission to
base the obligation on other factors and the
Secretary grants the request.
[(5) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with sections 134 and
135.
[(e) Administration.--
[(1) Submission of project agreement.--For each
fiscal year, each State shall submit a project
agreement that--
[(A) certifies that the State will meet all
the requirements of this section; and
[(B) notifies the Secretary of the amount of
obligations needed to carry out the program
under this section.
[(2) Request for adjustments of amounts.--Each State
shall request from the Secretary such adjustments to
the amount of obligations referred to in paragraph
(1)(B) as the State determines to be necessary.
[(3) Effect of approval by the Secretary.--Approval
by the Secretary of a project agreement under paragraph
(1) shall be deemed a contractual obligation of the
United States to pay surface transportation program
funds made available under this title.]
(a) Establishment.--The Secretary shall establish a surface
transportation block grant program in accordance with this
section to provide flexible funding to address State and local
transportation needs.
(b) Eligible Projects.--Funds apportioned to a State under
section 104(b)(2) for the surface transportation block grant
program may be obligated for the following:
(1) Construction of--
(A) highways, bridges, tunnels, including
designated routes of the Appalachian
development highway system and local access
roads under section 14501 of title 40;
(B) ferry boats and terminal facilities
eligible for funding under section 129(c);
(C) transit capital projects eligible for
assistance under chapter 53 of title 49;
(D) infrastructure-based intelligent
transportation systems capital improvements;
(E) truck parking facilities eligible for
funding under section 1401 of MAP-21 (23 U.S.C.
137 note); and
(F) border infrastructure projects eligible
for funding under section 1303 of SAFETEA-LU
(23 U.S.C. 101 note).
(2) Operational improvements and capital and
operating costs for traffic monitoring, management, and
control facilities and programs.
(3) Environmental measures eligible under sections
119(g), 328, and 329 and transportation control
measures listed in section 108(f)(1)(A) (other than
clause (xvi) of that section) of the Clean Air Act (42
U.S.C. 7408(f)(1)(A)).
(4) Highway and transit safety infrastructure
improvements and programs, including railway-highway
grade crossings.
(5) Fringe and corridor parking facilities and
programs in accordance with section 137 and carpool
projects in accordance with section 146.
(6) Recreational trails projects eligible for funding
under section 206, pedestrian and bicycle projects in
accordance with section 217 (including modifications to
comply with accessibility requirements under the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.)), and the safe routes to school program
under section 1404 of SAFETEA-LU (23 U.S.C. 402 note).
(7) Planning, design, or construction of boulevards
and other roadways largely in the right-of-way of
former Interstate System routes or other divided
highways.
(8) Development and implementation of a State asset
management plan for the National Highway System and a
performance-based management program for other public
roads.
(9) Protection (including painting, scour
countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection
against extreme events) for bridges (including
approaches to bridges and other elevated structures)
and tunnels on public roads, and inspection and
evaluation of bridges and tunnels and other highway
assets.
(10) Surface transportation planning programs,
highway and transit research and development and
technology transfer programs, and workforce
development, training, and education under chapter 5 of
this title.
(11) Surface transportation infrastructure
modifications to facilitate direct intermodal
interchange, transfer, and access into and out of a
port terminal.
(12) Projects and strategies designed to support
congestion pricing, including electronic toll
collection and travel demand management strategies and
programs.
(13) At the request of a State, and upon Secretarial
approval of credit assistance under chapter 6, subsidy
and administrative costs necessary to provide an
eligible entity Federal credit assistance under chapter
6 with respect to a project eligible for assistance
under this section.
(14) The creation and operation by a State of an
office to assist in the design, implementation, and
oversight of public-private partnerships eligible to
receive funding under this title and chapter 53 of
title 49, and the payment of a stipend to unsuccessful
private bidders to offset their proposal development
costs, if necessary to encourage robust competition in
public-private partnership procurements.
(15) Any type of project eligible under this section
as in effect on the day before the date of enactment of
the Surface Transportation Reauthorization and Reform
Act of 2015, including projects described under section
101(a)(29) as in effect on such day.
(c) Location of Projects.--A surface transportation block
grant project may not be undertaken on a road functionally
classified as a local road or a rural minor collector unless
the road was on a Federal-aid highway system on January 1,
1991, except--
(1) for a bridge or tunnel project (other than the
construction of a new bridge or tunnel at a new
location);
(2) for a project described in paragraphs (4) through
(11) of subsection (b);
(3) for a project described in section 101(a)(29), as
in effect on the day before the date of enactment of
the Surface Transportation Reauthorization and Reform
Act of 2015; and
(4) as approved by the Secretary.
(d) Allocations of Apportioned Funds to Areas Based on
Population.--
(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2) (after the reservation of funds
under subsection (h))--
(A) the percentage specified in paragraph (6)
for a fiscal year shall be obligated under this
section, in proportion to their relative shares
of the population of the State--
(i) in urbanized areas of the State
with an urbanized area population of
over 200,000;
(ii) in areas of the State other than
urban areas with a population greater
than 5,000; and
(iii) in other areas of the State;
and
(B) the remainder may be obligated in any
area of the State.
(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
(3) Consultation with regional transportation
planning organizations.--For purposes of paragraph
(1)(A)(iii), before obligating funding attributed to an
area with a population greater than 5,000 and less than
200,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.
(4) Distribution among urbanized areas of over
200,000 population.--
(A) In general.--Except as provided in
subparagraph (B), the amount of funds that a
State is required to obligate under paragraph
(1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the
relative population of the areas.
(B) Other factors.--The State may obligate
the funds described in subparagraph (A) based
on other factors if the State and the relevant
metropolitan planning organizations jointly
apply to the Secretary for the permission to
base the obligation on other factors and the
Secretary grants the request.
(5) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with sections 134 and
135.
(6) Percentage.--The percentage referred to in
paragraph (1)(A) is--
(A) for fiscal year 2016, 51 percent;
(B) for fiscal year 2017, 52 percent;
(C) for fiscal year 2018, 53 percent;
(D) for fiscal year 2019, 54 percent;
(E) for fiscal year 2020, 55 percent; and
(F) for fiscal year 2021, 55 percent.
[(f)] (e) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of over 200,000 individuals under subsection (d) funds
apportioned to the State under section [104(b)(3)]
104(b)(2) shall make available during the period of
[fiscal years 2011 through 2014] fiscal years 2016
through 2021 an amount of obligation authority
distributed to the State for Federal-aid highways and
highway safety construction programs for use in the
area that is equal to the amount obtained by
multiplying--
(A) the aggregate amount of funds that the
State is required to obligate in the area under
subsection (d) during the period; and
(B) the ratio that--
(i) the aggregate amount of
obligation authority distributed to the
State for Federal-aid highways and
highway safety construction programs
during the period; bears to
(ii) the total of the sums
apportioned to the State for Federal-
aid highways and highway safety
construction programs (excluding sums
not subject to an obligation
limitation) during the period.
(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary
shall jointly ensure compliance with paragraph (1).
[(g)] (f) Bridges Not on Federal-aid Highways.--
(1) Definition of off-system bridge.--In this
subsection, the term ``off-system bridge'' means a
highway bridge located on a public road, other than a
bridge on a Federal-aid highway.
(2) Special rule.--
(A) Set-aside.--Of the amounts apportioned to
a State for fiscal year 2013 and each fiscal
year thereafter under this section, the State
shall obligate for activities described in
subsection (b)(2) for off-system bridges an
amount that is not less than 15 percent of the
amount of funds apportioned to the State for
the highway bridge program for fiscal year
2009, except that amounts allocated under
subsection (d) shall not be obligated to carry
out this subsection.
(B) Reduction of expenditures.--The
Secretary, after consultation with State and
local officials, may reduce the requirement for
expenditures for off-system bridges under
subparagraph (A) with respect to the State if
the Secretary determines that the State has
inadequate needs to justify the expenditure.
(3) Credit for bridges not on Federal-aid highways.--
Notwithstanding any other provision of law, with
respect to any project not on a Federal-aid highway for
the replacement of a bridge or rehabilitation of a
bridge that is wholly funded from State and local
sources, is eligible for Federal funds under this
section, is noncontroversial, is certified by the State
to have been carried out in accordance with all
standards applicable to such projects under this
section, and is determined by the Secretary upon
completion to be no longer a deficient bridge--
(A) any amount expended after the date of
enactment of this subsection from State and
local sources for the project in excess of 20
percent of the cost of construction of the
project may be credited to the non-Federal
share of the cost of other bridge projects in
the State that are eligible for Federal funds
under this section; and
(B) that crediting shall be conducted in
accordance with procedures established by the
Secretary.
[(h)] (g) Special Rule for Areas of Less Than 5,000
Population.--
(1) Special rule.--Notwithstanding subsection (c),
and except as provided in paragraph (2), up to 15
percent of the amounts required to be obligated by a
State [under subsection (d)(1)(A)(iii) for each of
fiscal years 2013 through 2014] under subsection
(d)(1)(A)(ii) for each of fiscal years 2016 through
2021 may be obligated on roads functionally classified
as minor collectors.
(2) Suspension.--The Secretary may suspend the
application of paragraph (1) with respect to a State if
the Secretary determines that the authority provided
under paragraph (1) is being used excessively by the
State.
(h) STP Set-Aside.--
(1) Reservation of funds.--Of the funds apportioned
to a State under section 104(b)(2) for each fiscal
year, the Secretary shall reserve an amount such that--
(A) the Secretary reserves a total of
$819,900,000 under this subsection; and
(B) the State's share of that total is
determined by multiplying the amount under
subparagraph (A) by the ratio that--
(i) the amount apportioned to the
State for the transportation
enhancements program for fiscal year
2009 under section 133(d)(2), as in
effect on the day before the date of
enactment of MAP-21; bears to
(ii) the total amount of funds
apportioned to all States for the
transportation enhancements program for
fiscal year 2009.
(2) Allocation within a state.--Funds reserved for a
State under paragraph (1) shall be obligated within
that State in the manner described in subsection (d),
except that, for purposes of this paragraph (after
funds are made available under paragraph (5))--
(A) for each fiscal year, the percentage
referred to in paragraph (1)(A) of that
subsection shall be deemed to be 50 percent;
and
(B) the following provisions shall not apply:
(i) Paragraph (3) of subsection (d).
(ii) Subsection (e).
(3) Eligible projects.--Funds reserved under this
subsection may be obligated for projects or activities
described in section 101(a)(29) or 213, as such
provisions were in effect on the day before the date of
enactment of the Surface Transportation Reauthorization
and Reform Act of 2015.
(4) Access to funds.--
(A) In general.--A State or metropolitan
planning organization required to obligate
funds in accordance with paragraph (2) shall
develop a competitive process to allow eligible
entities to submit projects for funding that
achieve the objectives of this subsection. A
metropolitan planning organization for an area
described in subsection (d)(1)(A)(i) shall
select projects under such process in
consultation with the relevant State.
(B) Eligible entity defined.--In this
paragraph, the term ``eligible entity'' means--
(i) a local government;
(ii) a regional transportation
authority;
(iii) a transit agency;
(iv) a natural resource or public
land agency;
(v) a school district, local
education agency, or school;
(vi) a tribal government; and
(vii) any other local or regional
governmental entity with responsibility
for or oversight of transportation or
recreational trails (other than a
metropolitan planning organization or a
State agency) that the State determines
to be eligible, consistent with the
goals of this subsection.
(5) Continuation of certain recreational trails
projects.--For each fiscal year, a State shall--
(A) obligate an amount of funds reserved
under this section equal to the amount of the
funds apportioned to the State for fiscal year
2009 under section 104(h)(2), as in effect on
the day before the date of enactment of MAP-21,
for projects relating to recreational trails
under section 206;
(B) return 1 percent of those funds to the
Secretary for the administration of that
program; and
(C) comply with the provisions of the
administration of the recreational trails
program under section 206, including the use of
apportioned funds described in subsection
(d)(3)(A) of that section.
(6) State flexibility.--
(A) Recreational trails.--A State may opt out
of the recreational trails program under
paragraph (5) if the Governor of the State
notifies the Secretary not later than 30 days
prior to apportionments being made for any
fiscal year.
(B) Large urbanized areas.--A metropolitan
planning area may use not to exceed 50 percent
of the funds reserved under this subsection for
an urbanized area described in subsection
(d)(1)(A)(i) for any purpose eligible under
subsection (b).
(i) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section (excluding
those carried out under subsection (h)(5)) shall be treated as
projects on a Federal-aid highway under this chapter.
Sec. 134. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 135(d).
(b) Definitions.--In this section and section 135, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization established as a result of the
designation process under subsection (d).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
established as the result of a designation under
section 135(m).
(6) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
(7) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as determined by the Bureau of the Census.
(c) General Requirements.--
(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs through a performance-driven,
outcome-based approach to planning for metropolitan
areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways [and bicycle transportation facilities],
bicycle transportation facilities, and intermodal
facilities that support intercity transportation,
including intercity buses and intercity bus facilities)
that will function as an intermodal transportation
system for the metropolitan planning area and as an
integral part of an intermodal transportation system
for the State and the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--Not later than 2 years after the date
of enactment of MAP-21, each metropolitan planning
organization that serves an area designated as a
transportation management area shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
(C) appropriate State officials.
(3) Representation.--
(A) In general.--Designation or selection of
officials or representatives under paragraph
(2) shall be determined by the metropolitan
planning organization according to the bylaws
or enabling statute of the organization.
(B) Public transportation representative.--
Subject to the bylaws or enabling statute of
the metropolitan planning organization, a
representative of a provider of public
transportation may also serve as a
representative of a local municipality.
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2).
[(3)] (4) Limitation on statutory construction.--
Nothing in this subsection shall be construed to
interfere with the authority, under any State law in
effect on December 18, 1991, of a public agency with
multimodal transportation responsibilities--
(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
[(4)] (5) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under [paragraph (5)] paragraph (6).
[(5)] (6) Redesignation procedures.--
(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without
undertaking a redesignation.
[(6)] (7) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--
(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in [subsection (d)(5)] subsection (d)(6).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner
described in subsection (d)(1);
(B) shall encompass the areas described in
paragraph (2)(A);
(C) may encompass the areas described in
paragraph (2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
(f) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a
metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
(2) Transportation improvements located in multiple
MPOS.--If a transportation improvement, funded from the
Highway Trust Fund or authorized under chapter 53 of
title 49, is located within the boundaries of more than
1 metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding
the transportation improvement.
(3) Relationship with other planning officials.--
(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, tourism, natural
disaster risk reduction, environmental
protection, airport operations, and freight
movements) or to coordinate its planning
process, to the maximum extent practicable,
with such planning activities.
(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
(i) recipients of assistance under
chapter 53 of title 49;
(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
(iii) recipients of assistance under
section 204.
(h) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation; [and]
(H) emphasize the preservation of the
existing transportation system[.];
(I) improve the resilience and reliability of
the transportation system; and
(J) enhance travel and tourism.
(2) Performance-based approach.--
(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of this title [and in section
5301(c) of title 49] and the general purposes
described in section 5301 of title 49.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c), where applicable, to
use in tracking progress
towards attainment of critical
outcomes for the region of the
metropolitan planning
organization.
(II) Coordination.--Selection
of performance targets by a
metropolitan planning
organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d) of
title 49.
(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
(D) Integration of other performance-based
plans.--A metropolitan planning organization
shall integrate in the metropolitan
transportation planning process, directly or by
reference, the goals, objectives, performance
measures, and targets described in other State
transportation plans and transportation
processes, as well as any plans developed under
chapter 53 of title 49 by providers of public
transportation, required as part of a
performance-based program.
(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this title
or chapter 53 of title 49, subchapter II of chapter 5
of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or
strategy, or the certification of a planning process.
(i) Development of Transportation Plan.--
(1) Requirements.--
(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
(B) Frequency.--
(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
(ii) Other areas.--In the case of any
other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) Identification of transportation
facilities.--
(i) In general.--An identification of
transportation facilities (including
major roadways, [transit,] public
transportation facilities, intercity
bus facilities, multimodal and
intermodal facilities, nonmotorized
transportation facilities, and
intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
(D) Mitigation activities.--
(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
(E) Financial plan.--
(i) In general.--A financial plan
that--
(I) demonstrates how the
adopted transportation plan can
be implemented;
(II) indicates resources from
public and private sources that
are reasonably expected to be
made available to carry out the
plan; and
(III) recommends any
additional financing strategies
for needed projects and
programs.
(ii) Inclusions.--The financial plan
may include, for illustrative purposes,
additional projects that would be
included in the adopted transportation
plan if reasonable additional resources
beyond those identified in the
financial plan were available.
(iii) Cooperative development.--For
the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
(F) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities.
(3) Coordination with Clean Air Act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
(4) Optional scenario development.--
(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
(B) Recommended components.--A metropolitan
planning organization that chooses to develop
multiple scenarios under subparagraph (A) shall
be encouraged to consider--
(i) potential regional investment
strategies for the planning horizon;
(ii) assumed distribution of
population and employment;
(iii) a scenario that, to the maximum
extent practicable, maintains baseline
conditions for the performance measures
identified in subsection (h)(2);
(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
(vi) estimated costs and potential
revenues available to support each
scenario.
(C) Metrics.--In addition to the performance
measures identified in section 150(c),
metropolitan planning organizations may
evaluate scenarios developed under this
paragraph using locally-developed measures.
(5) Consultation.--
(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
(B) Issues.--The consultation shall involve,
as appropriate--
(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
(6) Participation by interested parties.--
(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, public ports, freight
shippers, providers of freight transportation
services, private providers of transportation
(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), representatives
of users of public transportation,
representatives of users of pedestrian walkways
and bicycle transportation facilities,
representatives of the disabled, and other
interested parties with a reasonable
opportunity to comment on the transportation
plan.
(B) Contents of participation plan.--A
participation plan--
(i) shall be developed in
consultation with all interested
parties; and
(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
(C) Methods.--In carrying out subparagraph
(A), the metropolitan planning organization
shall, to the maximum extent practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization techniques
to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
(8) Selection of projects from illustrative list.--
Notwithstanding [paragraph (2)(C)] paragraph (2)(E), a
State or metropolitan planning organization shall not
be required to select any project from the illustrative
list of additional projects included in the financial
plan under [paragraph (2)(C)] paragraph (2)(E).
(j) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
(i) contains projects consistent with
the current metropolitan transportation
plan;
(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
(iii) once implemented, is designed
to make progress toward achieving the
performance targets established under
subsection (h)(2).
(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
(D) Updating and approval.--The TIP shall
be--
(i) updated at least once every 4
years; and
(ii) approved by the metropolitan
planning organization and the Governor.
(2) Contents.--
(A) Priority list.--The TIP shall include a
priority list of proposed Federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan.--The TIP shall include a
financial plan that--
(i) demonstrates how the TIP can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
(D) Performance target achievement.--The
transportation improvement program shall
include, to the maximum extent practicable, a
description of the anticipated effect of the
transportation improvement program toward
achieving the performance targets established
in the metropolitan transportation plan,
linking investment priorities to those
performance targets.
(3) Included projects.--
(A) Projects under this title and chapter 53
of title 49.--A TIP developed under this
subsection for a metropolitan area shall
include the projects within the area that are
proposed for funding under chapter 1 of this
title and chapter 53 of title 49.
(B) Projects under chapter 2.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (k)(4) and in addition to the TIP
development required under paragraph (1), the
selection of Federally funded projects in
metropolitan areas shall be carried out, from
the approved TIP--
(i) by--
(I) in the case of projects
under this title, the State;
and
(II) in the case of projects
under chapter 53 of title 49,
the designated recipients of
public transportation funding;
and
(ii) in cooperation with the
metropolitan planning organization.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
(B) Required action by the Secretary.--Action
by the Secretary shall be required for a State
or metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion
in an approved TIP.
(7) Publication.--
(A) Publication of TIPs.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
(B) Publication of annual listings of
projects.--
(i) In general.--An annual listing of
projects, including investments in
pedestrian walkways and bicycle
transportation facilities, for which
Federal funds have been obligated in
the preceding year shall be published
or otherwise made available by the
cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
(ii) Requirement.--The listing shall
be consistent with the categories
identified in the TIP.
(k) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
(3) Congestion management process.--
(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section shall address
congestion management through a process that
provides for effective management and
operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of
new and existing transportation facilities
eligible for funding under this title and
chapter 53 of title 49 through the use of
travel demand reduction (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, and operational
management strategies.
(B) Schedule.--The Secretary shall establish
an appropriate phase-in schedule for compliance
with the requirements of this section but no
sooner than 1 year after the identification of
a transportation management area.
(C) Congestion management plan.--A
metropolitan planning organization with a
transportation management area may develop a
plan that includes projects and strategies that
will be considered in the TIP of such
metropolitan planning organization. Such plan
shall--
(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.
(4) Selection of projects.--
(A) In general.--All Federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under this title
(excluding projects carried out on the National
Highway System) or under chapter 53 of title 49
shall be selected for implementation from the
approved TIP by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transportation operator.
(B) National Highway System projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this title and chapter 53
of title 49.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(l) Report on Performance-based Planning Processes.--
(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection.
(2) Report.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to
Congress a report evaluating--
(A) the overall effectiveness of performance-
based planning as a tool for guiding
transportation investments;
(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
(C) the extent to which metropolitan planning
organizations have achieved, or are currently
making substantial progress toward achieving,
the performance targets specified under this
section and whether metropolitan planning
organizations are developing meaningful
performance targets; and
(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area [of less than
200,000] with a population of 200,000 or less
and their ability to carry out the requirements
of this section.
(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
(m) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(n) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provisions
of this title or chapter 53 of title 49, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway
project that will result in a significant increase in
the carrying capacity for single-occupant vehicles
unless the project is addressed through a congestion
management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this title or chapter 53 of title 49.
(p) Funding.--[Funds set aside under section 104(f)] Funds
apportioned under section 104(b)(5) of this title or section
5305(g) of title 49 shall be available to carry out this
section.
(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.
Sec. 135. Statewide and nonmetropolitan transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--Subject to
section 134, to accomplish the objectives stated in
section 134(a), each State shall develop a statewide
transportation plan and a statewide transportation
improvement program for all areas of the State.
(2) Contents.--The statewide transportation plan and
the transportation improvement program developed for
each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways [and bicycle transportation facilities],
bicycle transportation facilities, and intermodal
facilities that support intercity transportation,
including intercity buses and intercity bus facilities)
that will function as an intermodal transportation
system for the State and an integral part of an
intermodal transportation system for the United States.
(3) Process of development.--The process for
developing the statewide plan and the transportation
improvement program shall provide for consideration of
all modes of transportation and the policies stated in
section 134(a) and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be
addressed.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 134 for metropolitan areas of
the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.--
(1) In general.--Two or more States may enter into
agreements or compacts, not in conflict with any law of
the United States, for cooperative efforts and mutual
assistance in support of activities authorized under
this section related to interstate areas and localities
in the States and establishing authorities the States
consider desirable for making the agreements and
compacts effective.
(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(d) Scope of Planning Process.--
(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(G) promote efficient system management and
operation; [and]
(H) emphasize the preservation of the
existing transportation system[.];
(I) improve the resilience and reliability of
the transportation system; and
(J) enhance travel and tourism.
(2) Performance-based approach.--
(A) In general.--The statewide transportation
planning process shall provide for the
establishment and use of a performance-based
approach to transportation decisionmaking to
support the national goals described in section
150(b) of this title [and in section 5301(c) of
title 49] and the general purposes described in
section 5301 of title 49.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each State
shall establish performance
targets that address the
performance measures described
in section 150(c), where
applicable, to use in tracking
progress towards attainment of
critical outcomes for the
State.
(II) Coordination.--Selection
of performance targets by a
State shall be coordinated with
the relevant metropolitan
planning organizations to
ensure consistency, to the
maximum extent practicable.
(ii) Public transportation
performance targets.--In [urbanized]
areas not represented by a metropolitan
planning organization, selection of
performance targets by a State shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d) of
title 49.
(C) Integration of other performance-based
plans.--A State shall integrate into the
statewide transportation planning process,
directly or by reference, the goals,
objectives, performance measures, and targets
described in this paragraph, in other State
transportation plans and transportation
processes, as well as any plans developed
pursuant to chapter 53 of title 49 by providers
of public transportation in [urbanized] areas
not represented by a metropolitan planning
organization required as part of a performance-
based program.
(D) Use of performance measures and
targets.--The performance measures and targets
established under this paragraph shall be
considered by a State when developing policies,
programs, and investment priorities reflected
in the statewide transportation plan and
statewide transportation improvement program.
(3) Failure to consider factors.--The failure to take
into consideration the factors specified in paragraphs
(1) and (2) shall not be subject to review by any court
under this title, chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a statewide transportation plan, a
statewide transportation improvement program, a project
or strategy, or the certification of a planning
process.
(e) Additional Requirements.--In carrying out planning under
this section, each State shall, at a minimum--
(1) with respect to nonmetropolitan areas, cooperate
with affected local officials with responsibility for
transportation or, if applicable, through regional
transportation planning organizations described in
subsection (m);
(2) consider the concerns of Indian tribal
governments and Federal land management agencies that
have jurisdiction over land within the boundaries of
the State; and
(3) consider coordination of transportation plans,
the transportation improvement program, and planning
activities with related planning activities being
carried out outside of metropolitan planning areas and
between States.
(f) Long-range Statewide Transportation Plan.--
(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 134.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed
in cooperation with affected
nonmetropolitan officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (m).
(ii) Role of Secretary.--The
Secretary shall not review or approve
the consultation process in each State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
(D) Consultation, comparison, and
consideration.--
(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, and historic
preservation.
(ii) Comparison and consideration.--
Consultation under clause (i) shall
involve comparison of transportation
plans to State and tribal conservation
plans or maps, if available, and
comparison of transportation plans to
inventories of natural or historic
resources, if available.
(3) Participation by interested parties.--
(A) In general.--In developing the statewide
transportation plan, the State shall provide
to--
(i) nonmetropolitan local elected
officials or, if applicable, through
regional transportation planning
organizations described in subsection
(m), an opportunity to participate in
accordance with subparagraph (B)(i);
and
(ii) citizens, affected public
agencies, representatives of public
transportation employees, public ports,
freight shippers, private providers of
transportation (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),
representatives of users of public
transportation, representatives of
users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled,
providers of freight transportation
services, and other interested parties
a reasonable opportunity to comment on
the proposed plan.
(B) Methods.--In carrying out subparagraph
(A), the State shall, to the maximum extent
practicable--
(i) develop and document a
consultative process to carry out
subparagraph (A)(i) that is separate
and discrete from the public
involvement process developed under
clause (ii);
(ii) hold any public meetings at
convenient and accessible locations and
times;
(iii) employ visualization techniques
to describe plans; and
(iv) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
(4) Mitigation activities.--
(A) In general.--A long-range transportation
plan shall include a discussion of potential
environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the
environmental functions affected by the plan.
(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
(5) Financial plan.--The statewide transportation
plan may include--
(A) a financial plan that--
(i) demonstrates how the adopted
statewide transportation plan can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be made available to carry
out the plan; and
(iii) recommends any additional
financing strategies for needed
projects and programs; and
(B) for illustrative purposes, additional
projects that would be included in the adopted
statewide transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
(7) Performance-based approach.--The statewide
transportation plan [should] shall include--
(A) a description of the performance measures
and performance targets used in assessing the
performance of the transportation system in
accordance with subsection (d)(2); and
(B) a system performance report and
subsequent updates evaluating the condition and
performance of the transportation system with
respect to the performance targets described in
subsection (d)(2), including progress achieved
by the metropolitan planning organization in
meeting the performance targets in comparison
with system performance recorded in previous
reports;
(8) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system.
(9) Publication of long-range transportation plans.--
Each long-range transportation plan prepared by a State
shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
(g) Statewide Transportation Improvement Program.--
(1) Development.--
(A) In general.--Each State shall develop a
statewide transportation improvement program
for all areas of the State.
(B) Duration and updating of program.--Each
program developed under subparagraph (A) shall
cover a period of 4 years and shall be updated
every 4 years or more frequently if the
Governor of the State elects to update more
frequently.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated
for the metropolitan area under section 134.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to each
nonmetropolitan area in the State, the
program shall be developed in
consultation with affected
nonmetropolitan local officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (m).
(ii) Role of Secretary.--The
Secretary shall not review or approve
the specific consultation process in
the State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
(4) Performance target achievement.--A statewide
transportation improvement program shall include, to
the maximum extent practicable, a discussion of the
anticipated effect of the statewide transportation
improvement program toward achieving the performance
targets established in the statewide transportation
plan, linking investment priorities to those
performance targets.
(5) Included projects.--
(A) In general.--A transportation improvement
program developed under this subsection for a
State shall include Federally supported surface
transportation expenditures within the
boundaries of the State.
(B) Listing of projects.--
(i) In general.--An annual listing of
projects for which funds have been
obligated for the preceding year in
each metropolitan planning area shall
be published or otherwise made
available by the cooperative effort of
the State, transit operator, and the
metropolitan planning organization for
public review.
(ii) Funding categories.--The listing
described in clause (i) shall be
consistent with the funding categories
identified in each metropolitan
transportation improvement program.
(C) Projects under chapter 2.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
(D) Consistency with statewide transportation
plan.--Each project shall be--
(i) consistent with the statewide
transportation plan developed under
this section for the State;
(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as a nonattainment area
for ozone, particulate matter, or
carbon monoxide under part D of title I
of that Act (42 U.S.C. 7501 et seq.).
(E) Requirement of anticipated full
funding.--The transportation improvement
program shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
(F) Financial plan.--
(i) In general.--The transportation
improvement program may include a
financial plan that demonstrates how
the approved transportation improvement
program can be implemented, indicates
resources from public and private
sources that are reasonably expected to
be made available to carry out the
transportation improvement program, and
recommends any additional financing
strategies for needed projects and
programs.
(ii) Additional projects.--The
financial plan may include, for
illustrative purposes, additional
projects that would be included in the
adopted transportation plan if
reasonable additional resources beyond
those identified in the financial plan
were available.
(G) Selection of projects from illustrative
list.--
(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
transportation improvement program.
(H) Priorities.--The transportation
improvement program shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this title and chapter
53 of title 49.
(6) Project selection for areas of less than 50,000
population.--
(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals shall be selected, from the
approved transportation improvement program
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program under this title or under
sections 5310 and 5311 of title 49), by the
State in cooperation with the affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(m).
(B) Other projects.--Projects carried out in
areas with populations of less than 50,000
individuals on the National Highway System or
under the bridge program or the Interstate
maintenance program under this title or under
sections 5310, 5311, 5316, and 5317 of title 49
shall be selected, from the approved statewide
transportation improvement program, by the
State in consultation with the affected
nonmetropolitan local officials with
responsibility for transportation.
(7) Transportation improvement program approval.--
Every 4 years, a transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary if based on a current
planning finding.
(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is
consistent with this section and section 134.
(9) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved transportation
improvement program in place of another project in the
program.
(h) Performance-based Planning Processes Evaluation.--
(1) In general.--The Secretary shall establish
criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking
into consideration the following:
(A) The extent to which the State is making
progress toward achieving, the performance
targets described in subsection (d)(2), taking
into account whether the State developed
appropriate performance targets.
(B) The extent to which the State has made
transportation investments that are efficient
and cost-effective.
(C) The extent to which the State--
(i) has developed an investment
process that relies on public input and
awareness to ensure that investments
are transparent and accountable; and
(ii) provides reports allowing the
public to access the information being
collected in a format that allows the
public to meaningfully assess the
performance of the State.
(2) Report.--
(A) In general.--Not later than 5 years after
the date of enactment of the MAP-21, the
Secretary shall submit to Congress a report
evaluating--
(i) the overall effectiveness of
performance-based planning as a tool
for guiding transportation investments;
and
(ii) the effectiveness of the
performance-based planning process of
each State.
(B) Publication.--The report under
subparagraph (A) shall be published or
otherwise made available in electronically
accessible formats and means, including on the
Internet.
(i) Funding.--Funds apportioned under section 104(b)(5) of
this title and set aside under section 5305(g) of title 49
shall be available to carry out this section.
(j) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 134, and
sections 5303 and 5304 of title 49, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of
title 49, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 134 and sections 5303 and
5304 of title 49, as appropriate.
(k) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(l) Schedule for Implementation.--The Secretary shall issue
guidance on a schedule for implementation of the changes made
by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not
require a State to deviate from its established planning update
cycle to implement changes made by this section. States shall
reflect changes made to their transportation plan or
transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary
under this subsection.
(m) Designation of Regional Transportation Planning
Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and transportation
improvement programs, with an emphasis on addressing
the needs of nonmetropolitan areas of the State.
(2) Structure.--A regional transportation planning
organization shall be established as a
multijurisdictional organization of nonmetropolitan
local officials or their designees who volunteer for
such organization and representatives of local
transportation systems who volunteer for such
organization.
(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
(A) a policy committee, the majority of which
shall consist of nonmetropolitan local
officials, or their designees, and, as
appropriate, additional representatives from
the State, private business, transportation
service providers, economic development
practitioners, and the public in the region;
and
(B) a fiscal and administrative agent, such
as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
(4) Duties.--The duties of a regional transportation
planning organization shall include--
(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
(B) developing a regional transportation
improvement program for consideration by the
State;
(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
(D) providing technical assistance to local
officials;
(E) participating in national, multistate,
and State policy and planning development
processes to ensure the regional and local
input of nonmetropolitan areas;
(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations,
metropolitan planning organizations, and, where
appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to
support and enhance the statewide planning
process under subsection (d).
(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects
that may be of regional significance.
* * * * * * *
Sec. 138. Preservation of parklands
(a) Declaration of Policy.--It is declared to be the national
policy that special effort should be made to preserve the
natural beauty of the countryside and public park and
recreation lands, wildlife and waterfowl refuges, and historic
sites. The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States in developing
transportation plans and programs that include measures to
maintain or enhance the natural beauty of the lands traversed.
After the effective date of the Federal-Aid Highway Act of
1968, the Secretary shall not approve any program or project
(other than any project for a Federal lands transportation
facility) which requires the use of any publicly owned land
from a public park, recreation area, or wildlife and waterfowl
refuge of national, State, or local significance as determined
by the Federal, State, or local officials having jurisdiction
thereof, or any land from an historic site of national, State,
or local significance as so determined by such officials unless
(1) there is no feasible and prudent alternative to the use of
such land, and (2) such program includes all possible planning
to minimize harm to such park, recreational area, wildlife and
waterfowl refuge, or historic site resulting from such use. In
carrying out the national policy declared in this section the
Secretary, in cooperation with the Secretary of the Interior
and appropriate State and local officials, is authorized to
conduct studies as to the most feasible Federal-aid routes for
the movement of motor vehicular traffic through or around
national parks so as to best serve the needs of the traveling
public while preserving the natural beauty of these areas.
(b) De Minimis Impacts.--
(1) Requirements.--
(A) Requirements for historic sites.--The
requirements of this section shall be
considered to be satisfied with respect to an
area described in paragraph (2) if the
Secretary determines, in accordance with this
subsection, that a transportation program or
project will have a de minimis impact on the
area.
(B) Requirements for parks, recreation areas,
and wildlife or waterfowl refuges.--The
requirements of subsection (a)(1) shall be
considered to be satisfied with respect to an
area described in paragraph (3) if the
Secretary determines, in accordance with this
subsection, that a transportation program or
project will have a de minimis impact on the
area. The requirements of subsection (a)(2)
with respect to an area described in paragraph
(3) shall not include an alternatives analysis.
(C) Criteria.--In making any determination
under this subsection, the Secretary shall
consider to be part of a transportation program
or project any avoidance, minimization,
mitigation, or enhancement measures that are
required to be implemented as a condition of
approval of the transportation program or
project.
(2) Historic sites.--With respect to historic sites,
the Secretary may make a finding of de minimis impact
only if--
(A) the Secretary has determined, in
accordance with the consultation process
required under section 306108 of title 54,
that--
(i) the transportation program or
project will have no adverse effect on
the historic site; or
(ii) there will be no historic
properties affected by the
transportation program or project;
(B) the finding of the Secretary has received
written concurrence from the applicable State
historic preservation officer or tribal
historic preservation officer (and from the
Advisory Council on Historic Preservation if
the Council is participating in the
consultation process); and
(C) the finding of the Secretary has been
developed in consultation with parties
consulting as part of the process referred to
in subparagraph (A).
(3) Parks, recreation areas, and wildlife or
waterfowl refuges.--With respect to parks, recreation
areas, or wildlife or waterfowl refuges, the Secretary
may make a finding of de minimis impact only if--
(A) the Secretary has determined, after
public notice and opportunity for public review
and comment, that the transportation program or
project will not adversely affect the
activities, features, and attributes of the
park, recreation area, or wildlife or waterfowl
refuge eligible for protection under this
section; and
(B) the finding of the Secretary has received
concurrence from the officials with
jurisdiction over the park, recreation area, or
wildlife or waterfowl refuge.
(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.
4231 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. 4231 et seq.), the Secretary
determines that there is no feasible or prudent
alternative to avoid use of a historic site,
the Secretary may--
(i) include the determination of the
Secretary in the analysis required
under that Act;
(ii) provide a notice of the
determination to--
(I) each applicable State
historic preservation officer
and tribal historic
preservation officer;
(II) the Council, if the
Council is participating in the
consultation process under
section 306108 of title 54; and
(III) the Secretary of the
Interior; and
(iii) request from the applicable
preservation officer, the Council, and
the Secretary of the Interior a
concurrence that the determination is
sufficient to satisfy the requirement
of 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 be--
(i) included in the record of
decision or finding of no significant
impact of the Secretary; and
(ii) posted on an appropriate Federal
Web site 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 the requirements of subsection (a)(2)
through the consultation requirements of
section 306108 of title 54.
(B) Satisfaction of conditions.--To satisfy
the requirements of 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.
(d) 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.
(e) 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. 915) as in effect before the repeal of
that section).
(f) Bridge Exemption.--A common post-1945 concrete or steel
bridge or culvert that is exempt from individual review under
section 306108 of title 54 (as described in 77 Fed. Reg. 68790)
shall be treated under this section as having a de minimis
impact on an area.
Sec. 139. Efficient environmental reviews for project decisionmaking
(a) Definitions.--In this section, the following definitions
apply:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
Indian tribal government.
(2) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Environmental review process.--
(A) In general.--The term ``environmental
review process'' means the process for
preparing for a project 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) Inclusions.--The term ``environmental
review process'' includes 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.).
(4) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any
State or local governmental entity serving as a joint
lead agency pursuant to this section.
[(5) Multimodal project.--The term ``multimodal
project'' means a project funded, in whole or in part,
under this title or chapter 53 of title 49 and
involving the participation of more than one Department
of Transportation administration or agency.]
(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.
(6) Project.--The term ``project'' means any highway
project, public transportation capital project, or
multimodal project that requires the approval of the
Secretary.
(7) Project sponsor.--The term ``project sponsor''
means the agency or other entity, including any private
or public-private entity, that seeks approval of the
Secretary for a project.
(8) State transportation department.--The term
``State transportation department'' means any statewide
agency of a State with responsibility for one or more
modes of transportation.
(9) Substantial deference.--The term ``substantial
deference'' means deference by a participating agency
to the recommendations and decisions of the lead agency
unless it is not possible to defer without violating
the participating agency's statutory responsibilities.
(b) Applicability.--
(1) In general.--The project development procedures
in this section are applicable to all projects for
which an environmental impact statement is prepared
under the National Environmental Policy Act of 1969 and
may be applied, to the extent determined appropriate by
the Secretary, to other projects for which an
environmental document is prepared pursuant to such
Act.
(2) Flexibility.--Any authorities granted in this
section may be exercised, and any requirements
established under this section may be satisfied, for a
project, class of projects, or program of projects.
(3) Programmatic compliance.--
(A) In general.--The Secretary shall
[initiate a rulemaking to] allow for the use of
programmatic approaches to conduct
environmental reviews that--
(i) eliminate repetitive discussions
of the same issues;
(ii) focus on the actual issues ripe
for analyses at each level of review;
and
(iii) are consistent with--
(I) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
(II) other applicable laws.
[(B) Requirements.--In carrying out
subparagraph (A), the Secretary shall--
[(i) before initiating the rulemaking
under that subparagraph, consult with
relevant Federal agencies and State
resource agencies, State departments of
transportation, Indian tribes, and the
public on the appropriate use and scope
of the programmatic approaches;
[(ii) emphasize the importance of
collaboration among relevant Federal
agencies, State agencies, and Indian
tribes in undertaking programmatic
reviews, especially with respect to
including reviews with a broad
geographic scope;
[(iii) ensure that the programmatic
reviews--
[(I) promote transparency,
including of the analyses and
data used in the environmental
reviews, the treatment of any
deferred issues raised by
agencies or the public, and the
temporal and special scales to
be used to analyze such issues;
[(II) use accurate and timely
information in reviews,
including--
[(aa) criteria for
determining the general
duration of the
usefulness of the
review; and
[(bb) the timeline
for updating any out-
of- date review;
[(III) describe--
[(aa) the
relationship between
programmatic analysis
and future tiered
analysis; and
[(bb) the role of the
public in the creation
of future tiered
analysis; and
[(IV) are available to other
relevant Federal and State
agencies, Indian tribes, and
the public;
[(iv) allow not fewer than 60 days of
public notice and comment on any
proposed rule; and
[(v) address any comments received
under clause (iv).]
(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) Lead Agencies.--
(1) Federal lead agency.--
(A) In general.--The Department of
Transportation, or an operating administration
thereof designated by the Secretary, shall be
the Federal lead agency in the environmental
review process for a project.
(B) Modal administration.--If the project
requires approval from more than 1 modal
administration within the Department, the
Secretary may designate a single modal
administration to serve as the Federal lead
agency for the Department in the environmental
review process for the project.
(2) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency
in accordance with regulations under the National
Environmental Policy Act of 1969.
(3) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity receiving funds under this title or chapter 53
of title 49 for the project shall serve as a joint lead
agency with the Department for purposes of preparing
any environmental document under the National
Environmental Policy Act of 1969 and may prepare any
such environmental document required in support of any
action or approval by the Secretary if the Federal lead
agency furnishes guidance in such preparation and
independently evaluates such document and the document
is approved and adopted by the Secretary prior to the
Secretary taking any subsequent action or making any
approval based on such document, whether or not the
Secretary's action or approval results in Federal
funding.
(4) Ensuring compliance.--The Secretary shall ensure
that the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection and that such document is appropriately
supplemented if project changes become necessary.
(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
may be adopted or used by any Federal agency making any
approval to the same extent that such Federal agency
could adopt or use a document prepared by another
Federal agency.
(6) Roles and responsibility of lead agency.--With
respect to the environmental review process for any
project, the lead agency shall have authority and
responsibility--
(A) to take such actions as are necessary and
proper, within the authority of the lead
agency, to facilitate the expeditious
resolution of the environmental review process
for the project; and
(B) to prepare or ensure that any required
environmental impact statement or other
document required to be completed under the
National Environmental Policy Act of 1969 is
completed in accordance with this section and
applicable Federal law.
(d) Participating Agencies.--
(1) In general.--The lead agency shall be responsible
for inviting and designating participating agencies in
accordance with this subsection.
(2) Invitation.--[The lead agency shall identify, as
early as practicable in the environmental review
process for a project,] Not later than 45 days after
the date of publication of a notice of intent to
prepare an environmental impact statement or the
initiation of an environmental assessment, the lead
agency shall identify any other Federal and non-Federal
agencies that may have an interest in the project, and
shall invite such agencies to become participating
agencies in the environmental review process for the
project. The invitation shall set a deadline for
responses to be submitted. The deadline may be extended
by the lead agency for good cause.
(3) Federal participating agencies.--Any Federal
agency that is invited by the lead agency to
participate in the environmental review process for a
project shall be designated as a participating agency
by the lead agency unless the invited agency informs
the lead agency, in writing, by the deadline specified
in the invitation that the invited agency--
(A) has no jurisdiction or authority with
respect to the project;
(B) has no expertise or information relevant
to the project; and
(C) does not intend to submit comments on the
project.
(4) Effect of designation.--
(A) Requirement.--A participating agency
shall comply with the requirements of this
section.
(B) Implication.--Designation as a
participating agency under this subsection
shall not imply that the participating agency--
(i) supports a proposed project; or
(ii) has any jurisdiction over, or
special expertise with respect to
evaluation of, the project.
(5) Cooperating agency.--A participating agency may
also be designated by a lead agency as a ``cooperating
agency'' under the regulations contained in part 1500
of title 40, Code of Federal Regulations.
(6) Designations for categories of projects.--The
Secretary may exercise the authorities granted under
this subsection for a project, class of projects, or
program of projects.
(7) Concurrent reviews.--Each participating agency
and cooperating agency shall--
(A) carry out the obligations of that agency
under other applicable law concurrently, and in
conjunction, with the review required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), unless doing so would
impair the ability of the Federal agency to
conduct needed analysis or otherwise carry out
those obligations; and
(B) 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.
(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.
(e) Project Initiation.--
(1) In general.--The project sponsor shall notify the
Secretary of the type of work, termini, length and
general location of the proposed project, together with
a statement of any Federal approvals anticipated to be
necessary for the proposed project, for the purpose of
informing the Secretary that the environmental review
process should be initiated.
(2) Submission of documents.--The project sponsor may
satisfy the requirement under paragraph (1) by
submitting to the Secretary any relevant documents
containing the information described in that paragraph,
including a draft notice for publication in the Federal
Register announcing the preparation of an environmental
review for the project.
(3) Environmental checklist.--
(A) Development.--The lead agency for a
project, in consultation with participating
agencies, shall develop, as appropriate, a
checklist to help project sponsors identify
potential natural, cultural, and historic
resources in the area of the project.
(B) Purpose.--The purposes of the checklist
are--
(i) to identify agencies and
organizations that can provide
information about natural, cultural,
and historic resources;
(ii) to develop the information
needed to determine the range of
alternatives; and
(iii) to improve interagency
collaboration to help expedite the
permitting process for the lead agency
and participating agencies.
(f) Purpose and Need; Alternatives Analysis.--
(1) Participation.--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 defining the purpose and
need for a project.
(2) Definition.--Following participation under
paragraph (1), the lead agency shall define the
project's purpose and need for purposes of any document
which the lead agency is responsible for preparing for
the project.
(3) Objectives.--The statement of purpose and need
shall include a clear statement of the objectives that
the proposed action is intended to achieve, which may
include--
(A) achieving a transportation objective
identified in an applicable statewide or
metropolitan transportation plan;
(B) supporting land use, economic
development, or growth objectives established
in applicable Federal, State, local, or tribal
plans; and
(C) serving national defense, national
security, or other national objectives, as
established in Federal laws, plans, or
policies.
(4) Alternatives analysis.--
[(A) Participation.--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.]
(A) Participation.--
(i) In general.--As early as
practicable during the environmental
review process, the lead agency shall
seek the involvement of participating
agencies and the public for the purpose
of reaching agreement early in the
environmental review process on a
reasonable range of alternatives that
will satisfy all subsequent Federal
environmental review and permit
requirements.
(ii) Comments of participating
agencies.--To the maximum extent
practicable and consistent with
applicable law, each participating
agency receiving an opportunity for
involvement under clause (i) shall--
(I) limit the agency's
comments to subject matter
areas within the agency's
special expertise or
jurisdiction; and
(II) afford substantial
deference to the range of
alternatives recommended by the
lead agency.
(iii) Effect of nonparticipation.--A
participating agency that declines to
participate in the development of the
purpose and need and reasonable range
of alternatives for a project shall be
required to comply with the schedule
developed under subsection (g)(1)(B).
(B) Range of alternatives.--[Following
participation under paragraph (1)]
(i) Determination._Following
participation under subparagraph (A),
the lead agency shall determine the
range of alternatives for consideration
in any document which the lead agency
is responsible for preparing for the
project.
(ii) Use.--To the maximum extent
practicable and consistent with Federal
law, the range of alternatives
determined for a project under clause
(i) shall be used for all Federal
environmental reviews and permit
processes required for the project
unless the alternatives must be
modified--
(I) to address significant
new information or
circumstances, and the lead
agency and participating
agencies agree that the
alternatives must be modified
to address the new information
or circumstances; or
(II) for the lead agency or a
participating agency to fulfill
its responsibilities under the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.) in a timely manner.
(C) Methodologies.--The lead agency also
shall determine, in collaboration with
participating agencies at appropriate times
during the study process, the methodologies to
be used and the level of detail required in the
analysis of each alternative for a project.
(D) Preferred alternative.--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 in order to facilitate the
development of mitigation measures or
concurrent compliance with other applicable
laws if the lead agency determines that the
development of such higher level of detail will
not prevent the lead agency from making an
impartial decision as to whether to accept
another alternative which is being considered
in the environmental review process.
(g) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.--[The lead agency] 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 shall
establish a plan for coordinating public and
agency participation in and comment on the
environmental review process for a project or
category of projects. The coordination plan may
be incorporated into a memorandum of
understanding.
(B) Schedule.--
(i) In general.--The lead agency [may
establish] shall establish as part of
the coordination plan, after
consultation with and the concurrence
of each participating agency for the
project and with the State in which the
project is located (and, if the State
is not the project sponsor, with the
project sponsor), a schedule for
completion of the environmental review
process for the project.
(ii) Factors for consideration.--In
establishing the schedule, the lead
agency shall consider factors such as--
(I) the responsibilities of
participating agencies under
applicable laws;
(II) resources available to
the cooperating agencies;
(III) overall size and
complexity of the project;
(IV) the overall schedule for
and cost of the project; and
(V) the sensitivity of the
natural and historic resources
that could be affected by the
project.
(C) Consistency with other time periods.--A
schedule under subparagraph (B) shall be
consistent with any other relevant time periods
established under Federal law.
(D) Modification.--The lead agency may--
(i) lengthen a schedule established
under subparagraph (B) for good cause;
and
(ii) shorten a schedule only with the
concurrence of the affected cooperating
agencies.
(E) Dissemination.--A copy of a schedule
under subparagraph (B), and of any
modifications to the schedule, shall be--
(i) provided to all participating
agencies and to the State
transportation department of the State
in which the project is located (and,
if the State is not the project
sponsor, to the project sponsor); and
(ii) made available to the public.
(2) Comment deadlines.--The lead agency shall
establish the following deadlines for comment during
the environmental review process for a project:
(A) For comments by agencies and the public
on a draft environmental impact statement, a
period of not more than 60 days after
publication in the Federal Register of notice
of the date of public availability of such
document, unless--
(i) a different deadline is
established by agreement of the lead
agency, the project sponsor, and all
participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(B) For all other comment periods established
by the lead agency for agency or public
comments in the environmental review process, a
period of no more than 30 days from
availability of the materials on which comment
is requested, unless--
(i) a different deadline is
established by agreement of the lead
agency, the project sponsor, and all
participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
[(3) Deadlines for decisions under other laws.--In
any case in which a decision under any Federal law
relating to a project (including the issuance or denial
of a permit or license) is required to be made by the
later of the date that is 180 days after the date on
which the Secretary made all final decisions of the
lead agency with respect to the project, or 180 days
after the date on which an application was submitted
for the permit or license, 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) as soon as practicable after the 180-day
period, an initial notice of the failure of the
Federal agency to make the decision; and
[(B) every 60 days thereafter until such date
as all decisions of the Federal agency relating
to the project have been made by the Federal
agency, an additional notice that describes the
number of decisions of the Federal agency that
remain outstanding as of the date of the
additional notice.]
(3) Deadlines for decisions under other laws.--
(A) In general.--In any case in which a
decision under any Federal law relating to a
project (including the issuance or denial of a
permit or license) is required by law,
regulation, or Executive order to be made after
the date on which the lead agency has issued a
categorical exclusion, finding of no
significant impact, or record of decision with
respect to the project, any such later decision
shall be made or completed by the later of--
(i) the date that is 180 days after
the lead agency's final decision has
been made; or
(ii) the date that is 180 days after
the date on which a completed
application was submitted for the
permit or license.
(B) Treatment of delays.--Following the
deadline established by subparagraph (A), the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate, and
publish on the Department's Internet Web site--
(i) as soon as practicable after the
180-day period, an initial notice of
the failure of the Federal agency to
make the decision; and
(ii) every 60 days thereafter, until
such date as all decisions of the
Federal agency relating to the project
have been made by the Federal agency,
an additional notice that describes the
number of decisions of the Federal
agency that remain outstanding as of
the date of the additional notice.
(4) Accelerated decisionmaking in environmental
reviews.--
(A) In general.--In preparing a final
environmental impact statement under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), if the lead agency
modifies the statement in response to comments
that are minor and are confined to factual
corrections or explanations of why the comments
do not warrant additional agency response, the
lead agency may write on errata sheets attached
to the statement instead of rewriting the draft
statement, subject to the condition that the
errata sheets--
(i) cite the sources, authorities,
and reasons that support the position
of the agency; and
(ii) if appropriate, indicate the
circumstances that would trigger agency
reappraisal or further response.
(B) Single document.--To the maximum extent
practicable, the lead agency shall
expeditiously develop a single document that
consists of a final environmental impact
statement and a record of decision, unless--
(i) the final environmental impact
statement makes substantial changes to
the proposed action that are relevant
to environmental or safety concerns; or
(ii) there is a significant new
circumstance or information relevant to
environmental concerns that bears on
the proposed action or the impacts of
the proposed action.
[(4)] (5) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for
public comment in the environmental review process
under existing Federal law, including a regulation.
(h) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and the
participating agencies shall work cooperatively in
accordance with this section to identify and resolve
issues that could delay completion of the environmental
review process or could result in denial of any
approvals required for the project under applicable
laws.
(2) Lead agency responsibilities.--The lead agency
shall make information available to the participating
agencies as early as practicable in the environmental
review process regarding the environmental and
socioeconomic resources located within the project area
and the general locations of the alternatives under
consideration. Such information may be based on
existing data sources, including geographic information
systems mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency,
participating agencies shall identify, as early as
practicable, any issues of concern regarding the
project's potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is
needed for the project.
(4) Issue resolution.--Any issue resolved by the lead
agency and participating agencies may not be
reconsidered unless significant new information or
circumstances arise.
[(4)] (5) Interim decision on achieving accelerated
decisionmaking.--
(A) In general.--Not later than 30 days after
the close of the public comment period on a
draft environmental impact statement, the
Secretary may convene a meeting with the
project sponsor, lead agency, resource
agencies, and any relevant State agencies to
ensure that all parties are on schedule to meet
deadlines for decisions to be made regarding
the project.
(B) Deadlines.--The deadlines referred to in
subparagraph (A) shall be those established
under subsection (g), or any other deadlines
established by the lead agency, in consultation
with the project sponsor and other relevant
agencies.
(C) Failure to assure.--If the relevant
agencies cannot provide reasonable assurances
that the deadlines described in subparagraph
(B) will be met, the Secretary may initiate the
issue resolution and referral process described
under [paragraph (5) and] paragraph (6) before
the completion of the record of decision.
[(5)] (6) Accelerated issue resolution and
referral.--
(A) Agency issue resolution meeting.--
(i) In general.--A Federal agency of
jurisdiction, project sponsor, or the
Governor of a State in which a project
is located may request an issue
resolution meeting to be conducted by
the lead agency.
(ii) Action by lead agency.--The lead
agency shall convene an issue
resolution meeting under clause (i)
with the relevant participating
agencies and the project sponsor,
including the Governor only if the
meeting was requested by the Governor,
to resolve issues that could--
(I) delay completion of the
environmental review process;
or
(II) result in denial of any
approvals required for the
project under applicable laws.
(iii) Date.--A meeting requested
under this subparagraph shall be held
by not later than 21 days after the
date of receipt of the request for the
meeting, unless the lead agency
determines that there is good cause to
extend the time for the meeting.
(iv) Notification.--On receipt of a
request for a meeting under this
subparagraph, the lead agency shall
notify all relevant participating
agencies of the request, including the
issue to be resolved, and the date for
the meeting.
(v) Disputes.--If a relevant
participating agency with jurisdiction
over an approval required for a project
under applicable law determines that
the relevant information necessary to
resolve the issue has not been obtained
and could not have been obtained within
a reasonable time, but the lead agency
disagrees, the resolution of the
dispute shall be forwarded to the heads
of the relevant agencies for
resolution.
(vi) Convention by lead agency.--A
lead agency may convene an issue
resolution meeting under this
subsection at any time without the
request of the Federal agency of
jurisdiction, project sponsor, or the
Governor of a State.
(B) Elevation of issue resolution.--
(i) In general.--If issue resolution
is not achieved by not later than 30
days after the date of a relevant
meeting under subparagraph (A), the
Secretary shall notify the lead agency,
the heads of the relevant participating
agencies, and the project sponsor
(including the Governor only if the
initial issue resolution meeting
request came from the Governor) that an
issue resolution meeting will be
convened.
(ii) Requirements.--The Secretary
shall identify the issues to be
addressed at the meeting and convene
the meeting not later than 30 days
after the date of issuance of the
notice.
[(C) Referral of issue resolution.--
[(i) Referral to Council on
Environmental Quality.--
[(I) In general.--If
resolution is not achieved by
not later than 30 days after
the date of an issue resolution
meeting under subparagraph (B),
the Secretary shall refer the
matter to the Council on
Environmental Quality.
[(II) Meeting.--Not later
than 30 days after the date of
receipt of a referral from the
Secretary under subclause (I),
the Council on Environmental
Quality shall hold an issue
resolution meeting with the
lead agency, the heads of
relevant participating
agencies, and the project
sponsor (including the Governor
only if an initial request for
an issue resolution meeting
came from the Governor).
[(ii) Referral to the President.--If
a resolution is not achieved by not
later than 30 days after the date of
the meeting convened by the Council on
Environmental Quality under clause
(i)(II), the Secretary shall refer the
matter directly to the President.]
(C) Referral to council on environmental
quality.--
(i) In general.--If issue resolution
for a project is not achieved on or
before the 30th day after the date of a
meeting under subparagraph (B), the
Secretary shall refer the matter to the
Council on Environmental Quality.
(ii) Meeting.--Not later than 30 days
after the date of receipt of a referral
from the Secretary under clause (i),
the Council on Environmental Quality
shall hold an issue resolution meeting
with--
(I) the head of the lead
agency;
(II) the heads of relevant
participating agencies; and
(III) the project sponsor
(including the Governor only if
the initial issue resolution
meeting request came from the
Governor).
(iii) Resolution.--The Council on
Environmental Quality shall work with
the lead agency, relevant participating
agencies, and the project sponsor until
all issues are resolved.
[(6)] (7) Financial penalty provisions.--
(A) In general.--A Federal agency of
jurisdiction over an approval required for a
project under applicable laws shall complete
any required approval on an expeditious basis
using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--If an agency
described in subparagraph (A) fails to
render a decision under any Federal law
relating to a project that requires the
preparation of an environmental impact
statement or environmental assessment,
including the issuance or denial of a
permit, license, or other approval by
the date described in clause (ii), an
amount of funding equal to the amounts
specified in subclause (I) or (II)
shall be rescinded from the applicable
office of the head of the agency, or
equivalent office to which the
authority for rendering the decision
has been delegated by law by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C)--
(I) $20,000 for any project
for which an annual financial
plan [under section 106(i) is
required] is required under
subsection (h) or (i) of
section 106; or
(II) $10,000 for any other
project requiring preparation
of an environmental assessment
or environmental impact
statement.
(ii) Description of date.--The date
referred to in clause (i) is the later
of--
(I) the date that is 180 days
after the date on which an
application for the permit,
license, or approval is
complete; and
(II) 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.).
(C) Limitations.--
(i) In general.--No rescission of
funds under subparagraph (B) relating
to an individual project shall exceed,
in any fiscal year, an amount equal to
2.5 percent of the funds made available
for the applicable agency office.
(ii) Failure to decide.--The total
amount rescinded in a fiscal year as a
result of a failure by an agency to
make a decision by an applicable
deadline shall not exceed an amount
equal to 7 percent of the funds made
available for the applicable agency
office for that fiscal year.
(D) No fault of agency.--A rescission of
funds under this paragraph shall not be made if
the lead agency for the project certifies
that--
(i) the agency has not received
necessary information or approvals from
another entity, such as the project
sponsor, in a manner that affects the
ability of the agency to meet any
requirements under State, local, or
Federal law; or
(ii) significant new information or
circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application.
(E) Limitation.--The Federal agency with
jurisdiction for the decision from which funds
are rescinded pursuant to this paragraph shall
not reprogram funds to the office of the head
of the agency, or equivalent office, to
reimburse that office for the loss of the
funds.
(F) Audits.--In any fiscal year in which any
funds are rescinded from a Federal agency
pursuant to this paragraph, the Inspector
General of that agency shall--
(i) conduct an audit to assess
compliance with the requirements of
this paragraph; and
(ii) not later than 120 days after
the end of the fiscal year during which
the rescission occurred, 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
describing the reasons why the
transfers were levied, including
allocations of resources.
(G) Effect of paragraph.--Nothing in this
paragraph affects or limits the application of,
or obligation to comply with, any Federal,
State, local, or tribal law.
[(7)] (8) Expedient decisions and reviews.--To ensure
that Federal environmental decisions and reviews are
expeditiously made--
(A) adequate resources made available under
this title shall be devoted to ensuring that
applicable environmental reviews under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) are completed on an
expeditious basis and that the shortest
existing applicable process under that Act is
implemented; and
(B) the President 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, not less frequently than once every
120 days after the date of enactment of the
MAP-21, a report on the status and progress of
the following projects and activities funded
under this title with respect to compliance
with applicable requirements under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.):
(i) Projects and activities required
to prepare an annual financial plan
under section 106(i).
(ii) A sample of not less than 5
percent of the projects requiring
preparation of an environmental impact
statement or environmental assessment
in each State.
(i) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress toward improving and
expediting the planning and environmental review process.
(j) Assistance to Affected State and Federal Agencies.--
[(1) In general.--For a project that is subject to
the environmental review process established under this
section and for which funds are made available to a
State under this title or chapter 53 of title 49, the
Secretary may approve a request by the State to provide
funds so made available under this title or such
chapter 53 to affected Federal agencies (including the
Department of Transportation), State agencies, and
Indian tribes participating in the environmental review
process for the projects in that State or participating
in a State process that has been approved by the
Secretary for that State. Such funds may be provided
only to support activities that directly and
meaningfully contribute to expediting and improving
transportation project planning and delivery for
projects in that State.]
(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.--Activities for
which funds may be provided under paragraph (1) include
transportation planning activities that precede the
initiation of the environmental review process,
activities directly related to the environmental review
process, dedicated staffing, training of agency
personnel, information gathering and mapping, and
development of programmatic agreements.
(3) Use of Federal lands highway funds.--The
Secretary may also use funds made available under
section 204 for a project for the purposes specified in
this subsection with respect to the environmental
review process for the project.
(4) Amounts.--Requests under paragraph (1) 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
meet the time limits for environmental review.
(5) Condition.--A request under paragraph (1) to
expedite time limits for environmental review may be
approved only if such time limits are less than the
customary time necessary for such review.
[(6) Memorandum of understanding.--Prior to providing
funds approved by the Secretary for dedicated staffing
at an affected Federal agency under paragraphs (1) and
(2), the affected Federal agency and the State agency
shall enter into a memorandum of understanding that
establishes the projects and priorities to be addressed
by the use of the funds.]
(6) Agreement.--Prior to providing funds approved by
the Secretary for dedicated staffing at an affected
agency under paragraphs (1) and (2), the affected
agency and the requesting public entity shall enter
into an agreement that establishes the projects and
priorities to be addressed by the use of the funds.
(k) Judicial Review and Savings Clause.--
(1) Judicial review.--Except as set forth under
subsection (l), nothing in this section shall affect
the reviewability of any final Federal agency action in
a court of the United States or in the court of any
State.
(2) Savings clause.--Nothing in this section shall be
construed as superseding, amending, or modifying the
National Environmental Policy Act of 1969 or any other
Federal environmental statute or affect the
responsibility of any Federal officer to comply with or
enforce any such statute.
(3) Limitations.--Nothing in this section shall
preempt or interfere with--
(A) any practice of seeking, considering, or
responding to public comment; or
(B) any power, jurisdiction, responsibility,
or authority that a Federal, State, or local
government agency, metropolitan planning
organization, Indian tribe, or project sponsor
has with respect to carrying out a project or
any other provisions of law applicable to
projects, plans, or programs.
(l) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or approval
issued by a Federal agency for a highway or public
transportation capital project shall be barred unless
it is filed within 150 days after publication of a
notice in the Federal Register announcing that the
permit, license, or approval is final pursuant to the
law under which the agency action is taken, unless a
shorter time is specified in the Federal law pursuant
to which judicial review is allowed. Nothing in this
subsection shall create a right to judicial review or
place any limit on filing a claim that a person has
violated the terms of a permit, license, or approval.
(2) New information.--The Secretary 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. The preparation of a supplemental
environmental impact statement when required shall be
considered a separate final agency action and the
deadline for filing a claim for judicial review of such
action shall be 150 days after the date of publication
of a notice in the Federal Register announcing such
action.
(m) Enhanced Technical Assistance and Accelerated Project
Completion.--
(1) Definition of covered project.--In this
subsection, the term ``covered project'' means a
project--
(A) that has an ongoing environmental impact
statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) for which at least 2 years, beginning on
the date on which a notice of intent is issued,
have elapsed without the issuance of a record
of decision.
(2) Technical assistance.--At the request of a
project sponsor or the Governor of a State in which a
project is located, the Secretary shall provide
additional technical assistance to resolve for a
covered project any outstanding issues and project
delay, including by--
(A) providing additional staff, training, and
expertise;
(B) facilitating interagency coordination;
(C) promoting more efficient collaboration;
and
(D) supplying specialized onsite assistance.
(3) Scope of work.--
(A) In general.--In providing technical
assistance for a covered project under this
subsection, the Secretary shall establish a
scope of work that describes the actions that
the Secretary will take to resolve the
outstanding issues and project delays,
including establishing a schedule under
subparagraph (B).
(B) Schedule.--
(i) In general.--The Secretary shall
establish and meet a schedule for the
completion of any permit, approval,
review, or study, required for the
covered project by the date that is not
later than 4 years after the date on
which a notice of intent for the
covered project is issued.
(ii) Inclusions.--The schedule under
clause (i) shall--
(I) comply with all
applicable laws;
(II) require the concurrence
of the Council on Environmental
Quality and each participating
agency for the project with the
State in which the project is
located or the project sponsor,
as applicable; and
(III) reflect any new
information that becomes
available and any changes in
circumstances that may result
in new significant impacts that
could affect the timeline for
completion of any permit,
approval, review, or study
required for the covered
project.
(4) Consultation.--In providing technical assistance
for a covered project under this subsection, the
Secretary shall consult, if appropriate, with resource
and participating agencies on all methods available to
resolve the outstanding issues and project delays for a
covered project as expeditiously as possible.
(5) Enforcement.--
(A) In general.--All provisions of this
section shall apply to this subsection,
including the financial penalty provisions
under subsection (h)(6).
(B) Restriction.--If the Secretary enforces
this subsection under subsection (h)(6), the
Secretary may use a date included in a schedule
under paragraph (3)(B) that is created pursuant
to and is in compliance with this subsection in
lieu of the dates under subsection
(h)(6)(B)(ii).
Sec. 140. Nondiscrimination
(a) Prior to approving any programs for projects as provided
for in section 135, the Secretary shall require assurances from
any State desiring to avail itself of the benefits of this
chapter that employment in connection with proposed projects
will be provided without regard to race, color, creed, national
origin, or sex. The Secretary shall require that each State
shall include in the advertised specifications, notification of
the specific equal employment opportunity responsibilities of
the successful bidder. In approving programs for projects on
any of the Federal-aid systems, the Secretary if necessary to
ensure equal employment opportunity, shall require
certification by any State desiring to avail itself of the
benefits of this chapter that there are in existence and
available on a regional, statewide, or local basis,
apprenticeship, skill improvement or other upgrading programs,
registered with the Department of Labor or the appropriate
State agency, if any, which provide equal opportunity for
training and employment without regard to race, color, creed,
national origin, or sex. In implementing such programs, a State
may reserve training positions for persons who receive welfare
assistance from such State; except that the implementation of
any such program shall not cause current employees to be
displaced or current positions to be supplanted or preclude
workers that are participating in an apprenticeship, skill
improvement, or other upgrading program registered with the
Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title
without regard to the length of time of their participation in
such program. The Secretary shall periodically obtain from the
Secretary of Labor and the respective State transportation
departments information which will enable the Secretary to
judge compliance with the requirements of this section and the
Secretary of Labor shall render to the Secretary such
assistance and information as the Secretary of Transportation
shall deem necessary to carry out the equal employment
opportunity program required hereunder.
(b) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal government, corporation
(profit or nonprofit), or any other organization or person, is
authorized to develop, conduct, and administer highway surface
transportation and technology training, including skill
improvement programs, and to develop and fund summer
transportation institutes. From administrative funds made
available under section 104(a), the Secretary shall deduct such
sums as necessary, not to exceed $10,000,000 per fiscal year,
for the administration of this subsection. Such sums so
deducted shall remain available until expended. The provisions
of section 6101(b) to (d) of title 41 shall not be not be
applicable to contracts and agreements made under the authority
herein granted to the Secretary. Notwithstanding any other
provision of law, not to exceed 1/2 of 1 percent of funds
apportioned to a State for the [surface transportation program]
surface transportation block grant program under section 104(b)
may be available to carry out this subsection upon request of
the State transportation department to the Secretary.
(c) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal government, corporation
(profit or nonprofit), or any other organization or person, is
authorized to develop, conduct, and administer training
programs and assistance programs in connection with any program
under this title in order that minority businesses may achieve
proficiency to compete, on an equal basis, for contracts and
subcontracts. From administrative funds made available under
section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 per fiscal year, for the
administration of this subsection. The provisions of section
6101(b) to (d) of title 41 shall not be applicable to contracts
and agreements made under the authority herein granted to the
Secretary notwithstanding the provisions of section 3106 of
title 41.
(d) Indian Employment.--Consistent with section 703(i) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in
this section shall preclude the preferential employment of
Indians living on or near a reservation on projects and
contracts on Indian reservation roads. States may implement a
preference for employment of Indians on projects carried out
under this title near Indian reservations. The Secretary shall
cooperate with Indian tribal governments and the States to
implement this subsection.
* * * * * * *
Sec. 142. Public transportation
(a)(1) To encourage the development, improvement, and use of
public mass transportation systems operating buses on Federal-
aid highways for the transportation of passengers, so as to
increase the traffic capacity of the Federal-aid highways for
the movement of persons, the Secretary may approve as a project
on any Federal-aid highway the construction of exclusive or
preferential high occupancy vehicle lanes, highway traffic
control devices, bus passenger loading areas and facilities
(including shelters), and fringe and transportation corridor
parking facilities, which may include electric vehicle charging
stations or natural gas vehicle refueling stations, to serve
high occupancy vehicle and public mass transportation
passengers, and sums apportioned under section 104(b) of this
title shall be available to finance the cost of projects under
this paragraph. If fees are charged for the use of any parking
facility constructed under this section, the rate thereof shall
not be in excess of that required for maintenance and operation
of the facility and the cost of providing shuttle service to
and from the facility (including compensation to any person for
operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the
Secretary may approve payment from sums apportioned under
section 104(b)(2) for carrying out any capital transit project
eligible for assistance under chapter 53 of title 49, capital
improvement to provide access and coordination between
intercity and rural bus service, and construction of facilities
to provide connections between highway transportation and other
modes of transportation.
(b) Sums apportioned in accordance with section 104(b)(1)
shall be available to finance the Federal share of projects for
exclusive or preferential high occupancy vehicle, truck, and
emergency vehicle routes or lanes. Routes constructed under
this subsection shall not be subject to the third sentence of
section 109(b) of this title.
(c) Accommodation of Other Modes of Transportation.--The
Secretary may approve as a project on any Federal-aid highway
for payment from sums apportioned under section 104(b)
modifications to existing highways eligible under the program
that is the source of the funds on such highway necessary to
accommodate other modes of transportation if such modifications
will not adversely affect automotive safety.
(d) Metropolitan Planning.--Any project carried out under
this section in an urbanized area shall be subject to the
metropolitan planning requirements of section 134.
(e)(1) For all purposes of this title, a project authorized
by subsection (a)(1) of this section shall be deemed to be a
highway project.
(2) Projects authorized by subsection (a)(2) shall be subject
to, and governed in accordance with, all provisions of this
title applicable to projects on the [surface transportation
program] surface transportation block grant program, except to
the extent determined inconsistent by the Secretary.
(3) The Federal share payable on account of projects
authorized by subsection (a) of this section shall be that
provided in section 120 of this title.
(f) Availability of Rights-of-Way.--In any case where
sufficient land or air space exists within the publicly
acquired rights-of-way of any highway, constructed in whole or
in part with Federal-aid highway funds, to accommodate needed
passenger, commuter, or high speed rail, magnetic levitation
systems, and highway and nonhighway public mass transit
facilities, the Secretary shall authorize a State to make such
lands, air space, and rights-of-way available with or without
charge to a publicly or privately owned authority or company or
any other person for such purposes if such accommodation will
not adversely affect automotive safety.
(g) The provision of assistance under subsection (a)(2) shall
not be construed as bringing within the application of chapter
15 of title 5, United States Code, any non-supervisory employee
of an urban mass transportation system (or of any other agency
or entity performing related functions) to whom such chapter is
otherwise inapplicable.
(h) Funds available for expenditure to carry out the purposes
of subsection (a)(2) of this section shall be supplementary to
and not in substitution for funds authorized and available for
obligation pursuant to chapter 53 of title 49.
(i) The provisions of section 5323(a)(1)(D) of title 49 shall
apply in carrying out subsection (a)(2) of this section.
Sec. 143. Highway use tax evasion projects
(a) State Defined.--In this section, the term ``State'' means
the 50 States and the District of Columbia.
(b) Projects.--
(1) In general.--The Secretary shall carry out
highway use tax evasion projects in accordance with
this subsection.
(2) Funding.--
[(A) In general.--From administrative funds
made available under section 104(a), the
Secretary shall deduct such sums as are
necessary, not to exceed $10,000,000 for each
of fiscal years 2013 and 2014, to carry out
this section.]
(A) In general.--From administrative funds
made available under section 104(a), the
Secretary may deduct such sums as are
necessary, not to exceed $6,000,000 for each of
fiscal years 2016 through 2021, to carry out
this section.
(B) Allocation of funds.--Funds made
available to carry out this section may be
allocated to the Internal Revenue Service and
the States at the discretion of the Secretary,
except that of funds so made available for each
fiscal year, $2,000,000 shall be available only
to carry out intergovernmental enforcement
efforts, including research and training.
(3) Conditions on funds allocated to Internal Revenue
Service.--Except as otherwise provided in this section,
the Secretary shall not impose any condition on the use
of funds allocated to the Internal Revenue Service
under this subsection.
(4) Limitation on use of funds.--Funds made available
to carry out this section shall be used only--
(A) to expand efforts to enhance motor fuel
tax enforcement;
(B) to fund additional Internal Revenue
Service staff, but only to carry out functions
described in this paragraph;
(C) to supplement motor fuel tax examinations
and criminal investigations;
(D) to develop automated data processing
tools to monitor motor fuel production and
sales;
(E) to evaluate and implement registration
and reporting requirements for motor fuel
taxpayers;
(F) to reimburse State expenses that
supplement existing fuel tax compliance
efforts;
(G) to analyze and implement programs to
reduce tax evasion associated with other
highway use taxes;
(H) to support efforts between States and
Indian tribes to address issues relating to
State motor fuel taxes; and
(I) to analyze and implement programs to
reduce tax evasion associated with foreign
imported fuel.
(5) Maintenance of effort.--The Secretary may not
make an allocation to a State under this subsection for
a fiscal year unless the State certifies that the
aggregate expenditure of funds of the State, exclusive
of Federal funds, for motor fuel tax enforcement
activities will be maintained at a level that does not
fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
(6) Federal share.--The Federal share of the cost of
a project carried out under this subsection shall be
100 percent.
(7) Period of availability.--Funds authorized to
carry out this section shall remain available for
obligation for a period of 3 years after the last day
of the fiscal year for which the funds are authorized.
(8) Use of surface transportation block grant
program funding.--In addition to funds made available
to carry out this section, a State may expend up to 1/4
of 1 percent of the funds apportioned to the State for
a fiscal year under section 104(b)(2) on initiatives to
halt the evasion of payment of motor fuel taxes.
(9) Reports.--The Commissioner of the Internal
Revenue Service and each State shall submit to the
Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate
an annual report that describes the projects,
examinations, and criminal investigations funded by and
carried out under this section. Such report shall
specify the estimated annual yield from such projects,
examinations, and criminal investigations.
(c) Excise Tax Fuel Reporting.--
(1) In general.--Not later than 90 days after the
date of enactment of the SAFETEA-LU, the Secretary
shall enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the
purposes of--
(A) the additional development of
capabilities needed to support new reporting
requirements and databases established under
such Act and the American Jobs Creation Act of
2004 (Public Law 108-357), and such other
reporting requirements and database development
as may be determined by the Secretary, in
consultation with the Commissioner of the
Internal Revenue Service, to be useful in the
enforcement of fuel excise taxes, including
provisions recommended by the Fuel Tax
Enforcement Advisory Committee,
(B) the completion of requirements needed for
the electronic reporting of fuel transactions
from carriers and terminal operators,
(C) the operation and maintenance of an
excise summary terminal activity reporting
system and other systems used to provide
strategic analyses of domestic and foreign
motor fuel distribution trends and patterns,
(D) the collection, analysis, and sharing of
information on fuel distribution and compliance
or noncompliance with fuel taxes, and
(E) the development, completion, operation,
and maintenance of an electronic claims filing
system and database and an electronic database
of heavy vehicle highway use payments.
(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
(A) the Internal Revenue Service shall
develop and maintain any system under paragraph
(1) through contracts,
(B) any system under paragraph (1) shall be
under the control of the Internal Revenue
Service, and
(C) any system under paragraph (1) shall be
made available for use by appropriate State and
Federal revenue, tax, and law enforcement
authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
(3) Funding.--Of the amounts made available to carry
out this section for each fiscal year, the Secretary
shall make available to the Internal Revenue Service
such funds as may be necessary to complete, operate,
and maintain the systems under paragraph (1) in
accordance with this subsection.
(4) Reports.--Not later than September 30 of each
year, the Commissioner of the Internal Revenue Service
shall provide reports to the Secretary on the status of
the Internal Revenue Service projects funded under this
subsection.
Sec. 144. National bridge and tunnel inventory and inspection standards
(a) Findings and Declarations.--
(1) Findings.--Congress finds that--
(A) the condition of the bridges of the
United States has improved since the date of
enactment of the Transportation Equity Act for
the 21st Century (Public Law 105-178; 112 Stat.
107), yet continued improvement to bridge
conditions is essential to protect the safety
of the traveling public and allow for the
efficient movement of people and goods on which
the economy of the United States relies; and
(B) the systematic preventative maintenance
of bridges, and replacement and rehabilitation
of deficient bridges, should be undertaken
through an overall asset management approach to
transportation investment.
(2) Declarations.--Congress declares that it is in
the vital interest of the United States--
(A) to inventory, inspect, and improve the
condition of the highway bridges and tunnels of
the United States;
(B) to use a data-driven, risk-based approach
and cost-effective strategy for systematic
preventative maintenance, replacement, and
rehabilitation of highway bridges and tunnels
to ensure safety and extended service life;
(C) to use performance-based bridge
management systems to assist States in making
timely investments;
(D) to ensure accountability and link
performance outcomes to investment decisions;
and
(E) to ensure connectivity and access for
residents of rural areas of the United States
through strategic investments in National
Highway System bridges and bridges on all
public roads.
(b) National Bridge and Tunnel Inventories.--The Secretary,
in consultation with the States and Federal agencies with
jurisdiction over highway bridges and tunnels, shall--
(1) inventory all highway bridges on public roads, on
and off Federal-aid highways, including tribally owned
and Federally owned bridges, that are bridges over
waterways, other topographical barriers, other
highways, and railroads;
(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and
Federally owned tunnels;
(3) classify the bridges according to serviceability,
safety, and essentiality for public use, including the
potential impacts to emergency evacuation routes and to
regional and national freight and passenger mobility if
the serviceability of the bridge is restricted or
diminished;
(4) based on that classification, assign each a risk-
based priority for systematic preventative maintenance,
replacement, or rehabilitation; and
(5) determine the cost of replacing each structurally
deficient bridge identified under this subsection with
a comparable facility or the cost of rehabilitating the
bridge.
(c) General Bridge Authority.--
(1) In general.--Except as provided in paragraph (2)
and notwithstanding any other provision of law, the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.)
shall apply to bridges authorized to be replaced, in
whole or in part, by this title.
(2) Exception.--Section 502(b) of the General Bridge
Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act
of March 3, 1899 (33 U.S.C. 401), shall not apply to
any bridge constructed, reconstructed, rehabilitated,
or replaced with assistance under this title, if the
bridge is over waters that--
(A) are not used and are not susceptible to
use in [the natural condition of the bridge]
the natural condition of the water or by
reasonable improvement as a means to transport
interstate or foreign commerce; and
(B) are--
(i) not tidal; or
(ii) if tidal, used only by
recreational boating, fishing, and
other small vessels that are less than
21 feet in length.
(d) Inventory Updates and Reports.--
(1) In general.--The Secretary shall--
(A) annually revise the inventories
authorized by subsection (b); and
(B) 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 inventories.
(2) Inspection report.--Not later than 2 years after
the date of enactment of the MAP-21, each State and
appropriate Federal agency shall report element level
data to the Secretary, as each bridge is inspected
pursuant to this section, for all highway bridges on
the National Highway System.
(3) Guidance.--The Secretary shall provide guidance
to States and Federal agencies for implementation of
this subsection, while respecting the existing
inspection schedule of each State.
(4) Bridges not on National Highway System.--The
Secretary shall--
(A) conduct a study on the benefits, cost-
effectiveness, and feasibility of requiring
element-level data collection for bridges not
on the National Highway System; and
(B) 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 study.
(e) Bridges Without Taxing Powers.--
(1) In general.--Notwithstanding any other provision
of law, any bridge that is owned and operated by an
agency that does not have taxing powers and whose
functions include operating a federally assisted public
transit system subsidized by toll revenues shall be
eligible for assistance under this title, but the
amount of such assistance shall in no event exceed the
cumulative amount which such agency has expended for
capital and operating costs to subsidize such transit
system.
(2) Insufficient assets.--Before authorizing an
expenditure of funds under this subsection, the
Secretary shall determine that the applicant agency has
insufficient reserves, surpluses, and projected
revenues (over and above those required for bridge and
transit capital and operating costs) to fund the bridge
project or activity eligible for assistance under this
title.
(3) Crediting of non-Federal funds.--Any non-Federal
funds expended for the seismic retrofit of the bridge
may be credited toward the non-Federal share required
as a condition of receipt of any Federal funds for
seismic retrofit of the bridge made available after the
date of the expenditure.
(f) Replacement of Destroyed Bridges and Ferry Boat
Service.--
(1) In general.--Notwithstanding any other provision
of law, a State may use the funds apportioned under
section 104(b)(2) to construct any bridge that
replaces--
(A) any low water crossing (regardless of the
length of the low water crossing);
(B) any bridge that was destroyed prior to
January 1, 1965;
(C) any ferry that was in existence on
January 1, 1984; or
(D) any road bridge that is rendered obsolete as a
result of a Corps of Engineers flood control or
channelization project and is not rebuilt with funds
from the Corps of Engineers.
(2) Federal share.--The Federal share payable on any
bridge construction carried out under paragraph (1)
shall be 80 percent of the cost of the construction.
(g) Historic Bridges.--
(1) Definition of historic bridge.--In this
subsection, the term ``historic bridge'' means any
bridge that is listed on, or eligible for listing on,
the National Register of Historic Places.
(2) Coordination.--The Secretary shall, in
cooperation with the States, encourage the retention,
rehabilitation, adaptive reuse, and future study of
historic bridges.
(3) State inventory.--The Secretary shall require
each State to complete an inventory of all bridges on
and off Federal-aid highways to determine the historic
significance of the bridges.
(4) Eligibility.--
(A) In general.--Subject to subparagraph (B),
reasonable costs associated with actions to
preserve, or reduce the impact of a project
under this chapter on, the historic integrity
of a historic bridge shall be eligible as
reimbursable project costs under section 133 if
the load capacity and safety features of the
historic bridge are adequate to serve the
intended use for the life of the historic
bridge.
(B) Bridges not used for vehicle traffic.--In
the case of a historic bridge that is no longer
used for motorized vehicular traffic, the costs
eligible as reimbursable project costs pursuant
to this chapter shall not exceed the estimated
cost of demolition of the historic bridge.
(5) Preservation.--Any State that proposes to
demolish a historic bridge for a replacement project
with funds made available to carry out this section
shall first make the historic bridge available for
donation to a State, locality, or responsible private
entity if the State, locality, or responsible entity
enters into an agreement--
(A) to maintain the bridge and the features
that give the historic bridge its historic
significance; and
(B) to assume all future legal and financial
responsibility for the historic bridge, which
may include an agreement to hold the State
transportation department harmless in any
liability action.
(6) Costs incurred.--
(A) In general.--Costs incurred by the State
to preserve a historic bridge (including funds
made available to the State, locality, or
private entity to enable it to accept the
bridge) shall be eligible as reimbursable
project costs under this chapter in an amount
not to exceed the cost of demolition.
(B) Additional funding.--Any bridge preserved
pursuant to this paragraph shall not be
eligible for any other funds authorized
pursuant to this title.
(h) National Bridge and Tunnel Inspection Standards.--
(1) Requirement.--
(A) In general.--The Secretary shall
establish and maintain inspection standards for
the proper inspection and evaluation of all
highway bridges and tunnels for safety and
serviceability.
(B) Uniformity.--The standards under this
subsection shall be designed to ensure
uniformity of the inspections and evaluations.
(2) Minimum requirements of inspection standards.--
The standards established under paragraph (1) shall, at
a minimum--
(A) specify, in detail, the method by which
the inspections shall be carried out by the
States, Federal agencies, and tribal
governments;
(B) establish the maximum time period between
inspections;
(C) establish the qualifications for those
charged with carrying out the inspections;
(D) require each State, Federal agency, and
tribal government to maintain and make
available to the Secretary on request--
(i) written reports on the results of
highway bridge and tunnel inspections
and notations of any action taken
pursuant to the findings of the
inspections; and
(ii) current inventory data for all
highway bridges and tunnels reflecting
the findings of the most recent highway
bridge and tunnel inspections
conducted; and
(E) establish a procedure for national
certification of highway bridge inspectors and
tunnel inspectors.
(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
(A) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures to conduct reviews of
State compliance with--
(i) the standards established under
this subsection; and
(ii) the calculation or reevaluation
of bridge load ratings; and
(B) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures for States to follow in
reporting to the Secretary--
(i) critical findings relating to
structural or safety-related
deficiencies of highway bridges and
tunnels; and (ii) monitoring activities
and corrective actions taken in
response to a critical finding
described in clause (i).
(4) Reviews of State compliance.--
(A) In general.--The Secretary shall annually
review State compliance with the standards
established under this section.
(B) Noncompliance.--If an annual review in
accordance with subparagraph (A) identifies
noncompliance by a State, the Secretary shall--
(i) issue a report detailing the
issues of the noncompliance by December
31 of the calendar year in which the
review was made; and
(ii) provide the State an opportunity
to address the noncompliance by--
(I) developing a corrective
action plan to remedy the
noncompliance; or
(II) resolving the issues of
noncompliance not later than 45
days after the date of
notification.
(5) Penalty for noncompliance.--
(A) In general.--If a State fails to satisfy
the requirements of paragraph (4)(B) by August
1 of the calendar year following the year of a
finding of noncompliance, the Secretary shall,
on October 1 of that year, and each year
thereafter as may be necessary, require the
State to dedicate funds apportioned to the
State under sections 119 and 133 after the date
of enactment of the MAP-21 to correct the
noncompliance with the minimum inspection
standards established under this subsection.
(B) Amount.--The amount of the funds to be
directed to correcting noncompliance in
accordance with subparagraph (A) shall--
(i) be determined by the State based
on an analysis of the actions needed to
address the noncompliance; and
(ii) require approval by the
Secretary.
(6) Update of standards.--Not later than 3 years
after the date of enactment of the MAP-21, the
Secretary shall update inspection standards to cover--
(A) the methodology, training, and
qualifications for inspectors; and
(B) the frequency of inspection.
(7) Risk-based approach.--In carrying out the
revisions required by paragraph (6), the Secretary
shall consider a risk- based approach to determining
the frequency of bridge inspections.
(i) Training Program for Bridge and Tunnel Inspectors.--
(1) In general.--The Secretary, in cooperation with
the State transportation departments, shall maintain a
program designed to train appropriate personnel to
carry out highway bridge and tunnel inspections.
(2) Revisions.--The training program shall be revised
from time to time to take into account new and improved
techniques.
(j) Bundling of Bridge Projects.--
(1) Purpose.--The purpose of this subsection is to
save costs and time by encouraging States to bundle
multiple bridge projects as 1 project.
(2) Eligible entity defined.--In this subsection, the
term ``eligible entity'' means an entity eligible to
carry out a bridge project under section 119 or 133.
(3) Bundling of bridge projects.--An eligible entity
may bundle 2 or more similar bridge projects that are--
(A) eligible projects under section 119 or
133;
(B) included as a bundled project in a
transportation improvement program under
section 134(j) or a statewide transportation
improvement program under section 135, as
applicable; and
(C) awarded to a single contractor or
consultant pursuant to a contract for
engineering and design or construction between
the contractor and an eligible entity.
(4) Itemization.--Notwithstanding any other provision
of law (including regulations), a bundling of bridge
projects under this subsection may be listed as--
(A) 1 project for purposes of sections 134
and 135; and
(B) a single project within the applicable
bundle.
(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.
[(j)] (k) Availability of Funds.--In carrying out this
section--
(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
(2) a State may use amounts apportioned to the State
under section 104(b)(1) and [104(b)(3)] 104(b)(2);
(3) an Indian tribe may use funds made available to
the Indian tribe under section 202; and
(4) a Federal agency may use funds made available to
the agency under section 503.
* * * * * * *
Sec. 147. Construction of ferry boats and ferry terminal facilities
(a) In General.--The Secretary shall carry out a program for
construction of ferry boats and ferry terminal facilities in
accordance with section 129(c).
(b) Federal Share.--The Federal share of the cost of
construction of ferry boats, ferry terminals, and ferry
maintenance facilities under this section shall be 80 percent.
(c) Distribution of Funds.--Of the amounts made available to
ferry systems and public entities responsible for developing
ferries under this section for a fiscal year, 100 percent shall
be allocated in accordance with the formula set forth in
subsection (d).
(d) Formula.--Of the amounts allocated pursuant to subsection
(c)--
(1) 20 percent shall be allocated among eligible
entities in the proportion that--
(A) the number of ferry passengers carried by
each ferry system in the most recent fiscal
year; bears to
(B) the number of ferry passengers carried by
all ferry systems in the most recent fiscal
year;
(2) 45 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 fiscal year;
bears to
(B) the number of vehicles carried by all
ferry systems in the most recent fiscal year;
and
(3) 35 percent shall be allocated among eligible
entities in the proportion that--
(A) the total route miles serviced by each
ferry system; bears to
(B) the total route miles serviced by all
ferry systems.
(e) 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 $67,000,000 for
each of fiscal years [2013 and 2014] 2016 through 2021.
(f) Period of Availability.--Notwithstanding section 118(b),
funds made available to carry out this section shall remain
available until expended.
(g) 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.
(h) Redistribution of Unobligated Amounts.--The Secretary
shall--
(1) withdraw amounts allocated to eligible entities
under this section that remain unobligated by the end
of the third fiscal year following the fiscal year for
which the amounts were allocated; and
(2) in the fiscal year beginning after a fiscal year
in which a withdrawal is made under paragraph (1),
redistribute the funds withdrawn, in accordance with
the formula specified under subsection (d), among
eligible entities with respect to which no amounts were
withdrawn under paragraph (1).
Sec. 148. Highway safety improvement program
(a) Definitions.--In this section, the following definitions
apply:
(1) High risk rural road.--The term ``high risk rural
road'' means any roadway functionally classified as a
rural major or minor collector or a rural local road
with significant safety risks, as defined by a State in
accordance with an updated State strategic highway
safety plan.
(2) Highway basemap.--The term ``highway basemap''
means a representation of all public roads that can be
used to geolocate attribute data on a roadway.
(3) Highway safety improvement program.--The term
``highway safety improvement program'' means projects,
activities, plans, and reports carried out under this
section.
(4) Highway safety improvement project.--
(A) In general.--The term ``highway safety
improvement project'' means strategies,
activities, and projects on a public road that
are consistent with a State strategic highway
safety plan and--
(i) correct or improve a hazardous
road location or feature; or
(ii) address a highway safety
problem.
(B) Inclusions.--The term ``highway safety
improvement project'' [includes, but is not
limited to,] only includes a project for 1 or
more of the following:
(i) An intersection safety
improvement.
(ii) Pavement and shoulder widening
(including addition of a passing lane
to remedy an unsafe condition).
(iii) Installation of rumble strips
or another warning device, if the
rumble strips or other warning devices
do not adversely affect the safety or
mobility of bicyclists and pedestrians,
including persons with disabilities.
(iv) Installation of a skid-resistant
surface at an intersection or other
location with a high frequency of
crashes.
(v) An improvement for pedestrian or
bicyclist safety or safety of persons
with disabilities.
(vi) Construction and improvement of
a railway- highway grade crossing
safety feature, including installation
of protective devices.
(vii) The conduct of a model traffic
enforcement activity at a railway-
highway crossing.
(viii) Construction of a traffic
calming feature.
(ix) Elimination of a roadside
hazard.
(x) Installation, replacement, and
other improvement of highway signage
and pavement markings, or a project to
maintain minimum levels of
retroreflectivity, that addresses a
highway safety problem consistent with
a State strategic highway safety plan.
(xi) Installation of a priority
control system for emergency vehicles
at signalized intersections.
(xii) Installation of a traffic
control or other warning device at a
location with high crash potential.
(xiii) Transportation safety
planning.
(xiv) Collection, analysis, and
improvement of safety data.
(xv) Planning integrated
interoperable emergency communications
equipment, operational activities, or
traffic enforcement activities
(including police assistance) relating
to work zone safety.
(xvi) Installation of guardrails,
barriers (including barriers between
construction work zones and traffic
lanes for the safety of road users and
workers), and crash attenuators.
(xvii) The addition or retrofitting
of structures or other measures to
eliminate or reduce crashes involving
vehicles and wildlife.
(xviii) Installation of yellow-green
signs and signals at pedestrian and
bicycle crossings and in school zones.
(xix) Construction and operational
improvements on high risk rural roads.
(xx) Geometric improvements to a road
for safety purposes that improve
safety.
(xxi) A road safety audit.
(xxii) Roadway safety infrastructure
improvements consistent with the
recommendations included in the
publication of the Federal Highway
Administration entitled ``Highway
Design Handbook for Older Drivers and
Pedestrians'' (FHWA-RD-01-103), dated
May 2001 or as subsequently revised and
updated.
(xxiii) Truck parking facilities
eligible for funding under section 1401
of the MAP-21.
(xxiv) Systemic safety improvements.
(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).
(5) Model inventory of roadway elements.--The term
``model inventory of roadway elements'' means the
listing and standardized coding by the Federal Highway
Administration of roadway and traffic data elements
critical to safety management, analysis, and
decisionmaking.
(6) Project to maintain minimum levels of
retroreflectivity.--The term ``project to maintain
minimum levels of retroreflectivity'' means a project
that is designed to maintain a highway sign or pavement
marking retroreflectivity at or above the minimum
levels prescribed in Federal or State regulations.
(7) Road safety audit.--The term ``road safety
audit'' means a formal safety performance examination
of an existing or future road or intersection by an
independent multidisciplinary audit team.
(8) Road users.--The term ``road user'' means a
motorist, passenger, public transportation operator or
user, truck driver, bicyclist, motorcyclist, or
pedestrian, including a person with disabilities.
(9) Safety data.--
(A) In general.--The term ``safety data''
means crash, roadway, and traffic data on a
public road.
(B) Inclusion.--The term ``safety data''
includes, in the case of a railway-highway
grade crossing, the characteristics of highway
and train traffic, licensing, and vehicle data.
[(10) Safety project under any other section.--
[(A) In general.--The term ``safety project
under any other section'' means a project
carried out for the purpose of safety under any
other section of this title.
[(B) Inclusion.--The term ``safety project
under any other section'' includes--
[(i) a project consistent with the
State strategic highway safety plan
that promotes the awareness of the
public and educates the public
concerning highway safety matters
(including motorcycle safety);
[(ii) a project to enforce highway
safety laws; and
[(iii) a project to provide
infrastructure and infrastructure-
related equipment to support emergency
services.]
[(11)] (10) State highway safety improvement
program.--The term ``State highway safety improvement
program'' means a program of highway safety improvement
projects, activities, plans and reports carried out as
part of the Statewide transportation improvement
program under section 135(g).
[(12)] (11) State strategic highway safety plan.--The
term ``State strategic highway safety plan'' means a
comprehensive plan, based on safety data, developed by
a State transportation department that--
(A) is developed after consultation with--
(i) a highway safety representative
of the Governor of the State;
(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
(iii) representatives of major modes
of transportation;
(iv) State and local traffic
enforcement officials;
(v) a highway-rail grade crossing
safety representative of the Governor
of the State;
(vi) representatives conducting a
motor carrier safety program under
section 31102, 31106, or 31309 of title
49;
(vii) motor vehicle administration
agencies;
(viii) county transportation
officials;
(ix) State representatives of
nonmotorized users; and
(x) other major Federal, State,
tribal, and local safety stakeholders;
(B) analyzes and makes effective use of
State, regional, local, or tribal safety data;
(C) addresses engineering, management,
operation, education, enforcement, and
emergency services elements (including
integrated, interoperable emergency
communications) of highway safety as key
factors in evaluating highway projects;
(D) considers safety needs of, and high-
fatality segments of, all public roads,
including non-State-owned public roads and
roads on tribal land;
(E) considers the results of State, regional,
or local transportation and highway safety
planning processes;
(F) describes a program of strategies to
reduce or eliminate safety hazards;
(G) is approved by the Governor of the State
or a responsible State agency;
(H) is consistent with section 135(g); and
(I) is updated and submitted to the Secretary
for approval as required under subsection
(d)(2).
[(13)] (12) Systemic safety improvement.--The term
``systemic safety improvement'' means an improvement
that is widely implemented based on high-risk roadway
features that are correlated with particular crash
types, rather than crash frequency.
(b) Program.--
(1) In general.--The Secretary shall carry out a
highway safety improvement program.
(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
all public roads, including non-State-owned public
roads and roads on tribal land.
(c) Eligibility.--
(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State
shall have in effect a State highway safety improvement
program under which the State--
(A) develops, implements, and updates a State
strategic highway safety plan that identifies
and analyzes highway safety problems and
opportunities as provided in [subsections
(a)(12)] subsections (a)(11) and (d);
(B) produces a program of projects or
strategies to reduce identified safety
problems; and
(C) evaluates the strategic highway safety
plan on a regularly recurring basis in
accordance with subsection (d)(1) to ensure the
accuracy of the data and priority of proposed
strategies.
(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State
highway safety improvement program, a State shall--
(A) have in place a safety data system with
the ability to perform safety problem
identification and countermeasure analysis--
(i) to improve the timeliness,
accuracy, completeness, uniformity,
integration, and accessibility of the
safety data on all public roads,
including non-State- owned public roads
and roads on tribal land in the State;
(ii) to evaluate the effectiveness of
data improvement efforts;
(iii) to link State data systems,
including traffic records, with other
data systems within the State;
(iv) to improve the compatibility and
interoperability of safety data with
other State transportation-related data
systems and the compatibility and
interoperability of State safety data
systems with data systems of other
States and national data systems;
(v) to enhance the ability of the
Secretary to observe and analyze
national trends in crash occurrences,
rates, outcomes, and circumstances; and
(vi) to improve the collection of
data on nonmotorized crashes;
(B) based on the analysis required by
subparagraph (A)--
(i) identify hazardous locations,
sections, and elements (including
roadside obstacles, railway-highway
crossing needs, and unmarked or poorly
marked roads) that constitute a danger
to motorists (including motorcyclists),
bicyclists, pedestrians, and other
highway users;
(ii) using such criteria as the State
determines to be appropriate, establish
the relative severity of those
locations, in terms of crashes
(including crash rates), fatalities,
serious injuries, traffic volume
levels, and other relevant data;
(iii) identify the number of
fatalities and serious injuries on all
public roads by location in the State;
(iv) identify highway safety
improvement projects on the basis of
crash experience, crash potential,
crash rate, or other data-supported
means; and
(v) consider which projects maximize
opportunities to advance safety;
(C) adopt strategic and performance-based
goals that--
(i) address traffic safety, including
behavioral and infrastructure problems
and opportunities on all public roads;
(ii) focus resources on areas of
greatest need; and
(iii) are coordinated with other
State highway safety programs;
(D) advance the capabilities of the State for
safety data collection, analysis, and
integration in a manner that--
(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under
section 31102 of title 49;
(ii) includes all public roads,
including public non-State-owned roads
and roads on tribal land;
(iii) identifies hazardous locations,
sections, and elements on all public
roads that constitute a danger to
motorists (including motorcyclists),
bicyclists, pedestrians, persons with
disabilities, and other highway users;
(iv) includes a means of identifying
the relative severity of hazardous
locations described in clause (iii) in
terms of crashes (including crash
rate), serious injuries, fatalities,
and traffic volume levels; and
(v) improves the ability of the State
to identify the number of fatalities
and serious injuries on all public
roads in the State with a breakdown by
functional classification and ownership
in the State;
(E)(i) determine priorities for the
correction of hazardous road locations,
sections, and elements (including railway-
highway crossing improvements), as identified
through safety data analysis;
(ii) identify opportunities for preventing
the development of such hazardous conditions;
and
(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in
accordance with procedures and criteria
established by this section; and
(ii) use the information obtained under
clause (i) in setting priorities for highway
safety improvement projects.
(d) Updates to Strategic Highway Safety Plans.--
(1) Establishment of requirements.--
(A) In general.--Not later than 1 year after
the date of enactment of the MAP-21, the
Secretary shall establish requirements for
regularly recurring State updates of strategic
highway safety plans.
(B) Contents of updated strategic highway
safety plans.--In establishing requirements
under this subsection, the Secretary shall
ensure that States take into consideration,
with respect to updated strategic highway
safety plans--
(i) the findings of road safety
audits;
(ii) the locations of fatalities and
serious injuries;
(iii) the locations that do not have
an empirical history of fatalities and
serious injuries, but possess risk
factors for potential crashes;
(iv) rural roads, including all
public roads, commensurate with
fatality data;
(v) motor vehicle crashes that
include fatalities or serious injuries
to pedestrians and bicyclists;
(vi) the cost-effectiveness of
improvements;
(vii) improvements to rail-highway
grade crossings; and
(viii) safety on all public roads,
including non-State-owned public roads
and roads on tribal land.
(2) Approval of updated strategic highway safety
plans.--
(A) In general.--Each State shall--
(i) update the strategic highway
safety plans of the State in accordance
with the requirements established by
the Secretary under this subsection;
and
(ii) submit the updated plans to the
Secretary, along with a detailed
description of the process used to
update the plan.
(B) Requirements for approval.--The Secretary
shall not approve the process for an updated
strategic highway safety plan unless--
(i) the updated strategic highway
safety plan is consistent with the
requirements of this subsection and
[subsection (a)(12)] subsection
(a)(11); and
(ii) the process used is consistent
with the requirements of this
subsection.
(3) Penalty for failure to have an approved updated
strategic highway safety plan.--If a State does not
have an updated strategic highway safety plan with a
process approved by the Secretary by August 1 of the
fiscal year beginning after the date of establishment
of the requirements under paragraph (1), the State
shall not be eligible to receive any additional
limitation pursuant to the redistribution of the
limitation on obligations for Federal- aid highway and
highway safety construction programs that occurs after
August 1 for each succeeding fiscal year until the
fiscal year during which the plan is approved.
(e) Eligible Projects.--
(1) In general.--Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out--
(A) any highway safety improvement project on
any public road or publicly owned bicycle or
pedestrian pathway or trail;
(B) as provided in subsection (g); or
(C) any project to maintain minimum levels of
retroreflectivity with respect to a public
road, without regard to whether the project is
included in an applicable State strategic
highway safety plan.
(2) Use of other funding for safety.--
(A) Effect of section.--Nothing in this
section prohibits the use of funds made
available under other provisions of this title
for highway safety improvement projects.
(B) Use of other funds.--States are
encouraged to address the full scope of the
safety needs and opportunities of the States by
using funds made available under other
provisions of this title (except a provision
that specifically prohibits that use).
(f) Data Improvement.--
(1) Definition of data improvement activities.--In
this subsection, the following definitions apply:
(A) In general.--The term ``data improvement
activities'' means a project or activity to
further the capacity of a State to make more
informed and effective safety infrastructure
investment decisions.
(B) Inclusions.--The term ``data improvement
activities'' includes a project or activity--
(i) to create, update, or enhance a
highway basemap of all public roads in
a State;
(ii) to collect safety data,
including data identified as part of
the model inventory for roadway
elements, for creation of or use on a
highway basemap of all public roads in
a State;
(iii) to store and maintain safety
data in an electronic manner;
(iv) to develop analytical processes
for safety data elements;
(v) to acquire and implement roadway
safety analysis tools; and
(vi) to support the collection,
maintenance, and sharing of safety data
on all public roads and related systems
associated with the analytical usage of
that data.
(2) Model inventory of roadway elements.--The
Secretary shall--
(A) establish a subset of the model inventory
of roadway elements that are useful for the
inventory of roadway safety; and
(B) ensure that States adopt and use the
subset to improve data collection.
(3) Process.--The Secretary shall establish a process
to allow a State to cease to collect the subset
referred to in paragraph (2)(A) for 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 such
roads until the State completes a collection of
the required model inventory of roadway
elements for the roads; 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.
(4) Rule of construction.--Nothing in paragraph (3)
may be construed to allow a State to cease data
collection related to serious injuries or fatalities.
(g) Special Rules.--
(1) High-risk rural road safety.--[If the fatality
rate]
(A) In general._If the fatality rate on rural
roads in a State increases over the most recent
2-year period for which data are available,
that State shall be required to obligate in the
next fiscal year for projects on high risk
rural roads an amount equal to at least 200
percent of the amount of funds the State
received for fiscal year 2009 for high risk
rural roads under subsection (f) of this
section, as in effect on the day before the
date of enactment of the MAP-21.
(B) Fatalities exceeding the median rate.--If
the fatality rate on rural roads in a State,
for the most recent 2-year period for which
data is available, is more than the median
fatality rate for rural roads among all States
for such 2-year period, the State shall be
required to demonstrate, in the subsequent
State strategic highway safety plan of the
State, strategies to address fatalities and
achieve safety improvements on high risk rural
roads.
(2) Older drivers.--If traffic fatalities and serious
injuries per capita for drivers and pedestrians over
the age of 65 in a State increases during the most
recent 2-year period for which data are available, that
State shall be required to include, in the subsequent
Strategic Highway Safety Plan of the State, strategies
to address the increases in those rates, taking into
account the recommendations included in the publication
of the Federal Highway Administration entitled
``Highway Design Handbook for Older Drivers and
Pedestrians'' (FHWA-RD-01-103), and dated May 2001, or
as subsequently revised and updated.
(h) Reports.--
(1) In general.--A State shall submit to the
Secretary a report that--
(A) describes progress being made to
implement highway safety improvement projects
under this section;
(B) assesses the effectiveness of those
improvements; and
(C) describes the extent to which the
improvements funded under this section have
contributed to reducing--
(i) the number and rate of fatalities
on all public roads with, to the
maximum extent practicable, a breakdown
by functional classification and
ownership in the State;
(ii) the number and rate of serious
injuries on all public roads with, to
the maximum extent practicable, a
breakdown by functional classification
and ownership in the State; and
(iii) the occurrences of fatalities
and serious injuries at railway-highway
crossings.
(2) Contents; schedule.--The Secretary shall
establish the content and schedule for the submission
of the report under paragraph (1).
(3) Transparency.--The Secretary shall make strategic
highway safety plans submitted under subsection (d) and
reports submitted under this subsection available to
the public through--
(A) the website of the Department; and
(B) such other means as the Secretary
determines to be appropriate.
(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any
other provision of law, reports, surveys, schedules,
lists, or data compiled or collected for any purpose
relating to this section, shall not be subject to
discovery or admitted into evidence in a Federal or
State court proceeding or considered for other purposes
in any action for damages arising from any occurrence
at a location identified or addressed in the reports,
surveys, schedules, lists, or other data.
(i) State Performance Targets.--If the Secretary determines
that a State has not met or made significant progress toward
meeting the 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, the State shall--
(1) use obligation authority equal to the
apportionment of the State for the prior year under
section 104(b)(3) only for highway safety improvement
projects under this section until the Secretary
determines that the State has met or made significant
progress toward meeting the performance targets of the
State; and
(2) submit annually to the Secretary, until the
Secretary determines that the State has met or made
significant progress toward meeting the performance
targets of the State, an implementation plan that--
(A) identifies roadway features that
constitute a hazard to road users;
(B) identifies highway safety improvement
projects on the basis of crash experience,
crash potential, or other data-supported means;
(C) describes how highway safety improvement
program funds will be allocated, including
projects, activities, and strategies to be
implemented;
(D) describes how the proposed projects,
activities, and strategies funded under the
State highway safety improvement program will
allow the State to make progress toward
achieving the safety performance targets of the
State; and
(E) describes the actions the State will
undertake to meet the performance targets of
the State.
(j) Federal Share of Highway Safety Improvement Projects.--
Except as provided in sections 120 and 130, the Federal share
of the cost of a highway safety improvement project carried out
with funds apportioned to a State under section 104(b)(3) shall
be 90 percent.
Sec. 149. Congestion mitigation and air quality improvement program
(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
(b) Eligible Projects.--Except as provided in subsection (d),
a State may obligate funds apportioned to it under section
104(b)(4) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that is or was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or
was designated as a nonattainment area under such section
107(d) after December 31, 1997, or is required to prepare, and
file with the Administrator of the Environmental Protection
Agency, maintenance plans under the Clean Air Act (42 U.S.C.
7401 et seq.) and--
(1)(A)(i) if the Secretary, after consultation with
the Administrator determines, on the basis of
information published by the Environmental Protection
Agency pursuant to section 108(f)(1)(A) of the Clean
Air Act (other than clause (xvi)) that the project or
program is likely to contribute to--
(I) the attainment of a national ambient air
quality standard; or
(II) the maintenance of a national ambient
air quality standard in a maintenance area; and
(ii) a high level of effectiveness in reducing air
pollution, in cases of projects or programs where
sufficient information is available in the database
established pursuant to subsection (h) to determine the
relative effectiveness of such projects or programs;
or,
(B) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a
program, method, or strategy described in such section
108(f)(1)(A);
(2) if the project or program is included in a State
implementation plan that has been approved pursuant to
the Clean Air Act and the project will have air quality
benefits;
(3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines that the project or program is likely to
contribute to the attainment of a national ambient air
quality standard, whether through reductions in vehicle
miles traveled, fuel consumption, or through other
factors;
(4) to establish or operate a traffic monitoring,
management, and control facility or program if the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that
the facility or program, including advanced truck stop
electrification systems, is likely to contribute to the
attainment of a national ambient air quality standard;
(5) if the program or project improves traffic flow,
including projects to improve signalization, construct
high occupancy vehicle lanes, improve intersections,
add turning lanes, improve transportation systems
management and operations that mitigate congestion and
improve air quality, and implement intelligent
transportation system strategies and such other
projects that are eligible for assistance under this
section on the day before the date of enactment of this
paragraph, including programs or projects to improve
incident and emergency response or improve mobility,
such as through real-time traffic, transit, and
multimodal traveler information;
(6) if the project or program involves the purchase
of integrated, interoperable emergency communications
equipment;
(7) if the project or program shifts traffic demand
to nonpeak hours or other transportation modes,
increases vehicle occupancy rates, or otherwise reduces
demand for roads through such means as telecommuting,
ridesharing, carsharing, alternative work hours, and
pricing; [or]
(8) if the project or program is for--
(A) the purchase of diesel retrofits that
are--
(i) for motor vehicles (as defined in
section 216 of the Clean Air Act (42
U.S.C. 7550)); or
(ii) verified technologies (as
defined in section 791 of the Energy
Policy Act of 2005 (42 U.S.C. 16131))
for non-road vehicles and non-road
engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550))
that are used in construction projects
that are--
(I) located in nonattainment
or maintenance areas for ozone,
PM10, or
PM2.5 (as defined
under the Clean Air Act (42
U.S.C. 7401 et seq.)); and
(II) funded, in whole or in
part, under this title; or
(B) the conduct of outreach activities that
are designed to provide information and
technical assistance to the owners and
operators of diesel equipment and vehicles
regarding the purchase and installation of
diesel retrofits[.]; or
(9) if the project or program is for the installation
of vehicle-to-infrastructure communication equipment.
(c) Special Rules.--
(1) Projects for PM-10 nonattainment areas.--A State
may obligate funds apportioned to the State under
section 104(b)(4) for a project or program for an area
that is nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation
activities, without regard to any limitation of the
Department of Transportation relating to the type of
ambient air quality standard such project or program
addresses.
(2) Electric vehicle and natural gas vehicle
infrastructure.--A State may obligate funds apportioned
under section 104(b)(4) for a project or program to
establish electric vehicle charging stations or natural
gas vehicle refueling stations for the use of battery
powered or natural gas fueled trucks or other motor
vehicles at any location in the State except that such
stations may not be established or supported where
commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United
States Code.
(3) HOV facilities.--No funds may be provided under
this section for a project which will result in the
construction of new capacity available to single
occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times.
[(d) States Flexibility.--
[(1) States without a nonattainment area.--If a State
does not have, and never has had, a nonattainment area
designated under the Clean Air Act (42 U.S.C. 7401 et
seq.), the State may use funds apportioned to the State
under section 104(b)(4) for any project in the State
that--
[(A) would otherwise be eligible under
subsection (b) as if the project were carried
out in a nonattainment or maintenance area; or
[(B) is eligible under the surface
transportation program under section 133.
[(2) States with a nonattainment area.--
[(A) In general.--If a State has a
nonattainment area or maintenance area and
received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day
before the date of enactment of the MAP-21,
above the amount of funds that the State would
have received based on the nonattainment and
maintenance area population of the State under
subparagraphs (B) and (C) of section 104(b)(2),
as in effect on the day before the date of
enactment of the MAP-21, the State may use for
any project that is eligible under the surface
transportation program under section 133 an
amount of funds apportioned to such State under
section 104(b)(4) that is equal to the product
obtained by multiplying--
[(i) the amount apportioned to such
State under section 104(b)(4)
(excluding the amount of funds reserved
under paragraph (l)); by
[(ii) the ratio calculated under
subparagraph (B).
[(B) Ratio.--For purposes of this paragraph,
the ratio shall be calculated as the proportion
that--
[(i) the amount for fiscal year 2009
such State was permitted by section
149(c)(2), as in effect on the day
before the date of enactment of the
MAP-21, to obligate in any area of the
State for projects eligible under
section 133, as in effect on the day
before the date of enactment of the
MAP-21t; bears to
[(ii) the total apportionment to such
State for fiscal year 2009 under
section 104(b)(2), as in effect on the
day before the date of enactment of the
MAP-21.
[(3) Changes in designation.--If a new nonattainment
area is designated or a previously designated
nonattainment area is redesignated as an attainment
area in a State under the Clean Air Act (42 U.S.C. 7401
et seq.), the Secretary shall modify the amount such
State is permitted to obligate in any area of the State
for projects eligible under section 133.]
(d) States Flexibility.--
(1) States without a nonattainment area.--If a State
does not have, and never has had, a nonattainment area
designated under the Clean Air Act (42 U.S.C. 7401 et
seq.), the State may use funds apportioned to the State
under section 104(b)(4) for any project in the State
that--
(A) would otherwise be eligible under
subsection (b) if the project were carried out
in a nonattainment or maintenance area; or
(B) is eligible under the surface
transportation block grant program under
section 133.
(2) States with a nonattainment area.--
(A) In general.--If a State has a
nonattainment area or maintenance area and
received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day
before the date of enactment of the MAP-21,
above the amount of funds that the State would
have received based on the nonattainment and
maintenance area population of the State under
subparagraphs (B) and (C) of section 104(b)(2),
as in effect on the day before the date of
enactment of the MAP-21, the State may use, for
any project that would otherwise be eligible
under subsection (b) if the project were
carried out in a nonattainment or maintenance
area or is eligible under the surface
transportation block grant program under
section 133, an amount of funds apportioned to
such State under section 104(b)(4) that is
equal to the product obtained by multiplying--
(i) the amount apportioned to such
State under section 104(b)(4)
(excluding the amounts reserved for
obligation under subsection (k)(1)); by
(ii) the ratio calculated under
subparagraph (B).
(B) Ratio.--For purposes of this paragraph,
the ratio shall be calculated as the proportion
that--
(i) the amount for fiscal year 2009
such State was permitted by section
149(c)(2), as in effect on the day
before the date of enactment of the
MAP-21, to obligate in any area of the
State for projects eligible under
section 133, as in effect on the day
before the date of enactment of the
MAP-21; bears to
(ii) the total apportionment to such
State for fiscal year 2009 under
section 104(b)(2), as in effect on the
day before the date of enactment of the
MAP-21.
(3) Changes in designation.--If a new nonattainment
area is designated or a previously designated
nonattainment area is redesignated as an attainment
area in a State under the Clean Air Act (42 U.S.C. 7401
et seq.), the Secretary shall modify, in a manner
consistent with the approach that was in effect on the
day before the date of enactment of MAP-21, the amount
such State is permitted to obligate in any area of the
State for projects eligible under section 133.
(e) 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 of
this title.
(f) Partnerships With Nongovernmental Entities.--
(1) In general.--Notwithstanding any other provision
of this title and in accordance with this subsection, a
metropolitan planning organization, State
transportation department, or other project sponsor may
enter into an agreement with any public, private, or
nonprofit entity to cooperatively implement any project
carried out under this section.
(2) Forms of participation by entities.--
Participation by an entity under paragraph (1) may
consist of--
(A) ownership or operation of any land,
facility, vehicle, or other physical asset
associated with the project;
(B) cost sharing of any project expense;
(C) carrying out of administration,
construction management, project management,
project operation, or any other management or
operational duty associated with the project;
and
(D) any other form of participation approved
by the Secretary.
(3) Allocation to entities.--A State may allocate
funds apportioned under section 104(b)(4) to an entity
described in paragraph (1).
(4) Alternative fuel projects.--In the case of a
project that will provide for the use of alternative
fuels by privately owned vehicles or vehicle fleets,
activities eligible for funding under this subsection--
(A) may include the costs of vehicle
refueling infrastructure, including
infrastructure that would support the
development, production, and use of emerging
technologies that reduce emissions of air
pollutants from motor vehicles, and other
capital investments associated with the
project;
(B) shall include only the incremental cost
of an alternative fueled vehicle, as compared
to a conventionally fueled vehicle, that would
otherwise be borne by a private party; and
(C) shall apply other governmental financial
purchase contributions in the calculation of
net incremental cost.
(5) Prohibition on federal participation with respect
to required activities.--A Federal participation
payment under this subsection may not be made to an
entity to fund an obligation imposed under the Clean
Air Act (42 U.S.C. 7401 et seq.) or any other Federal
law.
(g) Cost-Effective Emission Reduction Guidance.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Administrator.--The term
``Administrator'' means the Administrator of
the Environmental Protection Agency.
(B) Diesel retrofit.--The term ``diesel
retrofit'' means a replacement, repowering,
rebuilding, after treatment, or other
technology, as determined by the Administrator.
(2) Emission reduction guidance.--The Administrator,
in consultation with the Secretary, shall publish a
list of diesel retrofit technologies and supporting
technical information for--
(A) diesel emission reduction technologies
certified or verified by the Administrator, the
California Air Resources Board, or any other
entity recognized by the Administrator for the
same purpose;
(B) diesel emission reduction technologies
identified by the Administrator as having an
application and approvable test plan for
verification by the Administrator or the
California Air Resources Board that is
submitted not later that 18 months of the date
of enactment of this subsection;
(C) available information regarding the
emission reduction effectiveness and cost
effectiveness of technologies identified in
this paragraph, taking into consideration air
quality and health effects.
[(3) Priority consideration.--States and metropolitan
planning organizations shall give priority in areas
designated as nonattainment or maintenance for PM2.5
under the Clean Air Act (42 U.S.C. 7401 et seq.) in
distributing funds received for congestion mitigation
and air quality projects and programs from
apportionments under section 104(b)(4) to projects that
are proven to reduce PM2.5, including diesel
retrofits.]
(3) Priority consideration.--
(A) In general.--In distributing funds
received for congestion mitigation and air
quality projects and programs from
apportionments under section 104(b)(4) in areas
designated as nonattainment or maintenance for
PM2.5 under the Clean Air Act (42 U.S.C. 7401
et seq.) and where regional motor vehicle
emissions are not an insignificant contributor
to the air quality problem for PM2.5, States
and metropolitan planning organizations shall
give priority to projects, including diesel
retrofits, that are proven to reduce direct
emissions of PM2.5.
(B) Use of funding.--To the maximum extent
practicable, funding used in an area described
in subparagraph (A) shall be used on the most
cost-effective projects and programs that are
proven to reduce directly emitted fine
particulate matter.
(4) No effect on authority or restrictions.--Nothing
in this subsection modifies or otherwise affects any
authority or restriction established under the Clean
Air Act (42 U.S.C. 7401 et seq.) or any other law
(other than provisions of this title relating to
congestion mitigation and air quality).
(h) Interagency Consultation.--The Secretary shall encourage
States and metropolitan planning organizations to consult with
State and local air quality agencies in nonattainment and
maintenance areas on the estimated emission reductions from
proposed congestion mitigation and air quality improvement
programs and projects.
(i) Evaluation and Assessment of Projects.--
(1) Database.--
(A) In general.--Using appropriate
assessments of projects funded under the
congestion mitigation and air quality program
and results from other research, the Secretary
shall maintain and disseminate a cumulative
database describing the impacts of the
projects, including specific information about
each project, such as the project name,
location, sponsor, cost, and, to the extent
already measured by the project sponsor, cost-
effectiveness, based on reductions in
congestion and emissions.
(B) Availability.--The database shall be
published or otherwise made readily available
by the Secretary in electronically accessible
format and means, such as the Internet, for
public review.
(2) Cost effectiveness.--
(A) In general.--The Secretary, in
consultation with the Administrator of the
Environmental Protection Agency, shall evaluate
projects on a periodic basis and develop a
table or other similar medium that illustrates
the cost-effectiveness of a range of project
types eligible for funding under this section
as to how the projects mitigate congestion and
improve air quality.
(B) Contents.--The table described in
subparagraph (A) shall show measures of cost-
effectiveness, such as dollars per ton of
emissions reduced, and assess those measures
over a variety of timeframes to capture impacts
on the planning timeframes outlined in section
134.
(C) Use of table.--States and metropolitan
planning organizations shall consider the
information in the table when selecting
projects or developing performance plans under
subsection (l).
(j) Optional Programmatic Eligibility.--
(1) In general.--At the discretion of a metropolitan
planning organization, a technical assessment of a
selected program of projects may be conducted through
modeling or other means to demonstrate the emissions
reduction projection required under this section.
(2) Applicability.--If an assessment described in
paragraph (1) successfully demonstrates an emissions
reduction, all projects included in such assessment
shall be eligible for obligation under this section
without further demonstration of emissions reduction of
individual projects included in such assessment.
(k) Priority for Use of Funds in PM2.5 Areas.--
(1) In general.--For any State that has a
nonattainment or maintenance area for fine particulate
matter, an amount equal to 25 percent of the funds
apportioned to each State under section 104(b)(4) for a
nonattainment or maintenance area that are based all or
in part on the weighted population of such area in fine
particulate matter nonattainment shall be obligated to
projects that reduce [such fine particulate] directly
emitted fine particulate matter emissions in such area,
including diesel retrofits.
(2) Construction equipment and vehicles.--In order to
meet the requirements of paragraph (1), a State or
metropolitan planning organization may elect to
obligate funds to install diesel emission control
technology on nonroad diesel equipment or on-road
diesel equipment that is operated on a highway
construction project within a PM2.5 nonattainment or
maintenance area.
(3) PM2.5 nonattainment and maintenance in low
population density states.--
(A) Exception.--For any State with a
population density of 80 or fewer persons per
square mile of land area, based on the most
recent decennial census, subsection (g)(3) and
paragraphs (1) and (2) of this subsection do
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.
(l) Performance Plan.--
(1) In general.--Each metropolitan planning
organization serving a transportation management area
(as defined in section 134) with a population over
1,000,000 people representing a nonattainment or
maintenance area shall develop a performance plan
that--
(A) includes an area baseline level for
traffic congestion and on-road mobile source
emissions for which the area is in
nonattainment or maintenance;
(B) describes progress made in achieving the
emission and congestion reduction performance
targets described in section 150(d); and
(C) includes a description of projects
identified for funding under this section and
how such projects will contribute to achieving
emission and traffic congestion reduction
targets.
(2) Updated plans.--Performance plans shall be
updated biennially and include a separate report that
assesses the progress of the program of projects under
the previous plan in achieving the air quality and
traffic congestion targets of the previous plan.
(m) Operating Assistance.--A State may obligate funds
apportioned under section 104(b)(2) in an area of such State
that is otherwise eligible for obligations of such funds for
operating costs under chapter 53 of title 49 or on a system for
which CMAQ funding was made available, obligated or expended in
fiscal year 2012, and shall have no imposed time limitation.
Sec. 150. National goals and performance management measures
(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking
through performance-based planning and programming.
(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
(1) Safety.--To achieve a significant reduction in
traffic fatalities and serious injuries on all public
roads.
(2) Infrastructure condition.--To maintain the
highway infrastructure asset system in a state of good
repair.
(3) Congestion reduction.--To achieve a significant
reduction in congestion on the National Highway System.
(4) System reliability.--To improve the efficiency of
the surface transportation system.
(5) Freight movement and economic vitality.--To
improve the national freight network, strengthen the
ability of rural communities to access national and
international trade markets, and support regional
economic development.
(6) Environmental sustainability.--To enhance the
performance of the transportation system while
protecting and enhancing the natural environment.
(7) Reduced project delivery delays.--To reduce
project costs, promote jobs and the economy, and
expedite the movement of people and goods by
accelerating project completion through eliminating
delays in the project development and delivery process,
including reducing regulatory burdens and improving
agencies' work practices.
(8) Integrated economic development.--To improve road
conditions in economically distressed urban communities
and increase access to jobs, markets, and economic
opportunities for people who live in such communities.
(c) Establishment of Performance Measures.--
(1) In general.--Not later than 18 months after the
date of enactment of the MAP-21, the Secretary, in
consultation with State departments of transportation,
metropolitan planning organizations, and other
stakeholders, shall promulgate a rulemaking that
establishes performance measures and standards.
(2) Administration.--In carrying out paragraph (1),
the Secretary shall--
(A) provide States, metropolitan planning
organizations, and other stakeholders not less
than 90 days to comment on any regulation
proposed by the Secretary under that paragraph;
(B) take into consideration any comments
relating to a proposed regulation received
during that comment period; and
(C) limit performance measures only to those
described in this subsection.
(3) National highway performance program.--
(A) In general.--Subject to subparagraph (B),
for the purpose of carrying out section 119,
the Secretary shall establish--
(i) minimum standards for States to
use in developing and operating bridge
and pavement management systems;
(ii) measures for States to use to
assess--
(I) the condition of
pavements on the Interstate
system;
(II) the condition of
pavements on the National
Highway System (excluding the
Interstate);
(III) the condition of
bridges on the National Highway
System;
(IV) the performance of the
Interstate System; and
(V) the performance of the
National Highway System
(excluding the Interstate
System);
(iii) minimum levels for the
condition of pavement on the Interstate
System, only for the purposes of
carrying out section 119(f)(1); and
(iv) the data elements that are
necessary to collect and maintain
standardized data to carry out a
performance- based approach.
(B) Regions.--In establishing minimum
condition levels under subparagraph (A)(iii),
if the Secretary determines that various
geographic regions of the United States
experience disparate factors contributing to
the condition of pavement on the Interstate
System in those regions, the Secretary may
establish different minimum levels for each
region[;].
(4) Highway safety improvement program.--For the
purpose of carrying out section 148, the Secretary
shall establish measures for States to use to assess--
(A) serious injuries and fatalities per
vehicle mile traveled; and
(B) the number of serious injuries and
fatalities.
(5) Congestion mitigation and air quality program.--
For the purpose of carrying out section 149, the
Secretary shall establish measures for States to use to
assess--
(A) traffic congestion; and
(B) on-road mobile source emissions.
(6) National freight movement.--The Secretary shall
establish measures for States to use to assess freight
movement on the Interstate System.
(7) Integrated economic development.--The Secretary
shall establish measures for States to use to assess
the conditions, accessibility, and reliability of roads
in economically distressed urban communities.
(d) Establishment of Performance Targets.--
(1) In general.--Not later than 1 year after the
Secretary has promulgated the final rulemaking under
subsection (c), each State shall set performance
targets that reflect the measures identified in
paragraphs (3), (4), (5), [and (6)] (6), and (7) of
subsection (c).
(2) Different approaches for urban and rural areas.--
In the development and implementation of any
performance target, a State may, as appropriate,
provide for different performance targets for urbanized
and rural areas.
(e) Reporting on Performance Targets.--Not later than 4 years
after the date of enactment of the MAP-21 and biennially
thereafter, a State shall submit to the Secretary a report that
describes--
(1) the condition and performance of the National
Highway System in the State;
(2) the effectiveness of the investment strategy
document in the State asset management plan for the
National Highway System;
(3) progress in achieving performance targets
identified under subsection (d); and
(4) the ways in which the State is addressing
congestion at freight bottlenecks, including those
identified in the National Freight Strategic Plan,
within the State.
Sec. 151. National electric vehicle charging, hydrogen, and natural gas
fueling corridors
(a) In General.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization and
Reform Act of 2015, the Secretary shall designate national
electric vehicle charging, hydrogen, and natural gas fueling
corridors that identify the near- and long-term need for, and
location of, electric vehicle charging infrastructure, hydrogen
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, 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 stations, 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, hydrogen 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, 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, hydrogen
infrastructure, and natural gas fueling infrastructure
and standardization needs for electricity providers,
industrial gas providers, natural gas providers,
infrastructure providers, vehicle manufacturers,
electricity purchasers, and natural gas purchasers; and
(2) establishes an aspirational goal of achieving
strategic deployment of electric vehicle charging,
hydrogen infrastructure, and natural gas fueling
infrastructure in those corridors by the end of fiscal
year 2021.
* * * * * * *
Sec. 154. Open container requirements
(a) Definitions.--In this section, the following definitions
apply:
(1) Alcoholic beverage.--The term ``alcoholic
beverage'' has the meaning given the term in section
158(c).
(2) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated exclusively on a
rail or rails.
(3) Open alcoholic beverage container.--The term
``open alcoholic beverage container'' means any bottle,
can, or other receptacle--
(A) that contains any amount of alcoholic
beverage; and
(B)(i) that is open or has a broken seal; or
(ii) the contents of which are partially
removed.
(4) Passenger area.--The term ``passenger area''
shall have the meaning given the term by the Secretary
by regulation.
(b) Open Container Laws.--
(1) In general.--For the purposes of this section,
each State shall have in effect a law that prohibits
the possession of any open alcoholic beverage
container, or the consumption of any alcoholic
beverage, in the passenger area of any motor vehicle
(including possession or consumption by the driver of
the vehicle) located on a public highway, or the right-
of-way of a public highway, in the State.
(2) Motor vehicles designed to transport many
passengers.--For the purposes of this section, if a
State has in effect a law that makes unlawful the
possession of any open alcoholic beverage container by
the driver (but not by a passenger)--
(A) in the passenger area of a motor vehicle
designed, maintained, or used primarily for the
transportation of persons for compensation; or
(B) in the living quarters of a house coach
or house trailer,
the State shall be deemed to have in effect a law
described in this subsection with respect to such a
motor vehicle for each fiscal year during which the law
is in effect.
(c) Transfer of Funds.--
(1) Fiscal years 2001 and 2002.--On October 1, 2000,
and October 1, 2001, if a State has not enacted or is
not enforcing an open container law described in
subsection (b), the Secretary shall transfer an amount
equal to 1 1/2 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the
State under section 402--
(A) to be used for alcohol-impaired driving
countermeasures; or
(B) to be directed to State and local law
enforcement agencies for enforcement of laws
prohibiting driving while intoxicated or
driving under the influence and other related
laws (including regulations), including the
purchase of equipment, the training of
officers, and the use of additional personnel
for specific alcohol-impaired driving
countermeasures, dedicated to enforcement of
the laws (including regulations).
(2) Fiscal year 2012 and thereafter.--
(A) Reservation of funds.--On October 1,
2011, and each October 1 thereafter, if a State
has not enacted or is not enforcing an open
container law described in subsection (b), the
Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the
State on that date under each of paragraphs (1)
and (2) of section 104(b) until the State
certifies to the Secretary the means by which
the State will use those reserved funds in
accordance with subparagraphs (A) and (B) of
paragraph (1) and paragraph (3).
(B) Transfer of funds.--As soon as
practicable after the date of receipt of a
certification from a State under subparagraph
(A), the Secretary shall--
(i) transfer the reserved funds
identified by the State for use as
described in subparagraphs (A) and (B)
of paragraph (1) to the apportionment
of the State under section 402; and
(ii) release the reserved funds
identified by the State as described in
paragraph (3).
(3) Use for highway safety improvement program.--
(A) In general.--A State may elect to use all
or a portion of the funds [transferred]
reserved under paragraph (2) for activities
eligible under section 148.
(B) State departments of transportation.--If
the State makes an election under subparagraph
(A), the funds shall be transferred to the
department of transportation of the State,
which shall be responsible for the
administration of the funds.
(4) Federal share.--The Federal share of the cost of
a project carried out with funds transferred under
paragraph (1) or (2), or used under paragraph (3),
shall be 100 percent.
(5) Derivation of amount to be transferred.--The
amount to be transferred or released under paragraph
(2) may be derived from the following:
(A) The apportionment of the State [under
section 104(b)(l)] under section 104(b)(1).
(B) The apportionment of the State under
section 104(b)(2).
(6) Transfer of obligation authority.--
(A) In general.--If the Secretary transfers
under this subsection any funds to the
apportionment of a State under section 402 for
a fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B), of
obligation authority distributed for the fiscal
year to the State for Federal-aid highways and
highway safety construction programs for
carrying out projects under section 402.
(B) Amount.--The amount of obligation
authority referred to in subparagraph (A) shall
be determined by multiplying--
(i) the amount of funds transferred
under subparagraph (A) to the
apportionment of the State under
section 402 for the fiscal year, by
(ii) the ratio that--
(I) the amount of obligation
authority distributed for the
fiscal year to the State for
Federal-aid highways and
highway safety construction
programs, bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for the fiscal
year.
(7) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
* * * * * * *
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions
apply:
(1) Alcohol concentration.--The term ``alcohol
concentration'' means grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters
of breath.
(2) Driving while intoxicated; driving under the
influence.--The terms ``driving while intoxicated'' and
``driving under the influence'' mean driving or being
in actual physical control of a motor vehicle while
having an alcohol concentration above the permitted
limit as established by each State.
(3) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line or a commercial vehicle.
(4) Repeat intoxicated driver law.--The term ``repeat
intoxicated driver law'' means a State law, or a
combination of State laws, that provides, as a minimum
penalty, that an individual convicted of a second or
subsequent offense for driving while intoxicated or
driving under the influence after a previous conviction
for that offense shall--
[(A) receive--
[(i) a suspension of all driving
privileges for not less than 1 year; or
[(ii) a suspension of unlimited
driving privileges for 1 year, allowing
for the reinstatement of limited
driving privileges subject to
restrictions and limited exemptions as
established by State law, if an
ignition interlock device is installed
for not less than 1 year on each of the
motor vehicles owned or operated, or
both, by the individual;]
(A) receive, for 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 system installed
(allowing for limited exceptions for
circumstances when the individual is
required to operate an employer's motor
vehicle in the course and scope of
employment and the business entity that
owns the vehicle is not owned or
controlled by the individual); or
(iii) a combination of both clauses
(i) and (ii);
(B) be subject to the impoundment or
immobilization of, or the installation of an
ignition interlock system on, each motor
vehicle owned or operated, or both, by the
individual;
(C) receive an assessment of the individual's
degree of abuse of alcohol and treatment as
appropriate; and
(D) receive--
(i) in the case of the second
offense--
(I) an assignment of not less
than 30 days of community
service; or
(II) not less than 5 days of
imprisonment; and
(ii) in the case of the third or
subsequent offense--
(I) an assignment of not less
than 60 days of community
service; or
(II) not less than 10 days of
imprisonment.
(b) Transfer of Funds.--
(1) Fiscal years 2001 and 2002.--On October 1, 2000,
and October 1, 2001, if a State has not enacted or is
not enforcing a repeat intoxicated driver law, the
Secretary shall transfer an amount equal to 1 1/2
percent of the funds apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of
section 104(b) to the apportionment of the State under
section 402--
(A) to be used for alcohol-impaired driving
countermeasures; or
(B) to be directed to State and local law
enforcement agencies for enforcement of laws
prohibiting driving while intoxicated or
driving under the influence and other related
laws (including regulations), including the
purchase of equipment, the training of
officers, and the use of additional personnel
for specific alcohol-impaired driving
countermeasures, dedicated to enforcement of
the laws (including regulations).
(2) Fiscal year 2012 and thereafter.--
(A) Reservation of funds.--On October 1,
2011, and each October 1 thereafter, if a State
has not enacted or is not enforcing a repeat
intoxicated driver law, the Secretary shall
reserve an amount equal to 2.5 percent of the
funds to be apportioned to the State on that
date under each of paragraphs (1) and (2) of
section 104(b) until the State certifies to the
Secretary the means by which the States will
use those reserved funds among the uses
authorized under subparagraphs (A) and (B) of
paragraph (1), and paragraph (3).
(B) Transfer of funds.--As soon as
practicable after the date of receipt of a
certification from a State under subparagraph
(A), the Secretary shall--
(i) transfer the reserved funds
identified by the State for use as
described in subparagraphs (A) and (B)
of paragraph (1) to the apportionment
of the State under section 402; and
(ii) release the reserved funds
identified by the State as described in
paragraph (3).
(3) Use for highway safety improvement program.--
(A) In general.--A State may elect to use all
or a portion of the funds [transferred]
reserved under paragraph (2) for activities
eligible under section 148.
(B) State departments of transportation.--If
the State makes an election under subparagraph
(A), the funds shall be transferred to the
department of transportation of the State,
which shall be responsible for the
administration of the funds.
(4) Federal share.--The Federal share of the cost of
a project carried out with funds transferred under
paragraph (1) or (2), or used under paragraph (3),
shall be 100 percent.
(5) Derivation of amount to be transferred.--The
amount to be transferred or released under paragraph
(2) may be derived from the following:
(A) The apportionment of the State under
section 104(b)(1).
(B) The apportionment of the State under
section 104(b)(2).
(6) Transfer of obligation authority.--
(A) In general.--If the Secretary transfers
under this subsection any funds to the
apportionment of a State under section 402 for
a fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B), of
obligation authority distributed for the fiscal
year to the State for Federal-aid highways and
highway safety construction programs for
carrying out projects under section 402.
(B) Amount.--The amount of obligation
authority referred to in subparagraph (A) shall
be determined by multiplying--
(i) the amount of funds transferred
under subparagraph (A) to the
apportionment of the State under
section 402 for the fiscal year, by
(ii) the ratio that--
(I) the amount of obligation
authority distributed for the
fiscal year to the State for
Federal-aid highways and
highway safety construction
programs, bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for the fiscal
year.
(7) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
Sec. 165. Territorial and Puerto Rico highway program
(a) Division of Funds.--Of funds made available in a fiscal
year for the territorial and Puerto Rico highway program--
(1) [$150,000,000] $158,000,000 shall be for the
Puerto Rico highway program under subsection (b); and
(2) [$40,000,000] $42,000,000 shall be for the
territorial highway program under subsection (c).
(b) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to the
Commonwealth of Puerto Rico to carry out a highway
program in the Commonwealth.
(2) Treatment of funds.--Amounts made available to
carry out this subsection for a fiscal year shall be
administered as follows:
(A) Apportionment.--
(i) In general.--For the purpose of
imposing any penalty under this title
or title 49, the amounts shall be
treated as being apportioned to Puerto
Rico under sections 104(b) and 144 (as
in effect for fiscal year 1997) for
each program funded under those
sections in an amount determined by
multiplying--
(I) the aggregate of the
amounts for the fiscal year; by
(II) the proportion that--
(aa) the amount of
funds apportioned to
Puerto Rico for each
such program for fiscal
year 1997; bears to
(bb) the total amount
of funds apportioned to
Puerto Rico for all
such programs for
fiscal year 1997.
(ii) Exception.--Funds identified
under clause (i) as having been
apportioned for the national highway
system, the [surface transportation
program] surface transportation block
grant program, and the Interstate
maintenance program shall be deemed to
have been apportioned 50 percent for
the national highway performance
program and 50 percent for the [surface
transportation program] surface
transportation block grant program for
purposes of imposing such penalties.
(B) Penalty.--The amounts treated as being
apportioned to Puerto Rico under each section
referred to in subparagraph (A) shall be deemed
to be required to be apportioned to Puerto Rico
under that section for purposes of the
imposition of any penalty under this title or
title 49.
(C) Eligible uses of funds.--Of amounts
allocated to Puerto Rico for the Puerto Rico
Highway Program for a fiscal year--
(i) at least 50 percent shall be
available only for purposes eligible
under section 119;
(ii) at least 25 percent shall be
available only for purposes eligible
under section 148; and
(iii) any remaining funds may be
obligated for activities eligible under
chapter 1.
(3) Effect on apportionments.--Except as otherwise
specifically provided, Puerto Rico shall not be
eligible to receive funds apportioned to States under
this title.
(c) Territorial Highway Program.--
(1) Territory defined.--In this subsection, the term
``territory'' means any of the following territories of
the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana
Islands.
(C) Guam.
(D) The United States Virgin Islands.
(2) Program.--
(A) In general.--Recognizing the mutual
benefits that will accrue to the territories
and the United States from the improvement of
highways in the territories, the Secretary may
carry out a program to assist each government
of a territory in the construction and
improvement of a system of arterial and
collector highways, and necessary inter-island
connectors, that is--
(i) designated by the Governor or
chief executive officer of each
territory; and
(ii) approved by the Secretary.
(B) Federal share.--The Federal share of
Federal financial assistance provided to
territories under this subsection shall be in
accordance with section 120(g).
(3) Technical assistance.--
(A) In general.--To continue a long-range
highway development program, the Secretary may
provide technical assistance to the governments
of the territories to enable the territories,
on a continuing basis--
(i) to engage in highway planning;
(ii) to conduct environmental
evaluations;
(iii) to administer right-of-way
acquisition and relocation assistance
programs; and
(iv) to design, construct, operate,
and maintain a system of arterial and
collector highways, including necessary
inter-island connectors.
(B) Form and terms of assistance.--Technical
assistance provided under subparagraph (A), and
the terms for the sharing of information among
territories receiving the technical assistance,
shall be included in the agreement required by
paragraph (5).
(4) Nonapplicability of certain provisions.--
(A) In general.--Except to the extent that
provisions of this chapter are determined by
the Secretary to be inconsistent with the needs
of the territories and the intent of this
subsection, this chapter (other than provisions
of this chapter relating to the apportionment
and allocation of funds) shall apply to funds
made available under this subsection.
(B) Applicable provisions.--The agreement
required by paragraph (5) for each territory
shall identify the sections of this chapter
that are applicable to that territory and the
extent of the applicability of those sections.
(5) Agreement.--
(A) In general.--Except as provided in
subparagraph (D), none of the funds made
available under this subsection shall be
available for obligation or expenditure with
respect to any territory until the chief
executive officer of the territory has entered
into an agreement (including an agreement
entered into under section 215 as in effect on
the day before the enactment of this section)
with the Secretary providing that the
government of the territory shall--
(i) implement the program in
accordance with applicable provisions
of this chapter and paragraph (4);
(ii) design and construct a system of
arterial and collector highways,
including necessary inter-island
connectors, in accordance with
standards that are--
(I) appropriate for each
territory; and
(II) approved by the
Secretary;
(iii) provide for the maintenance of
facilities constructed or operated
under this subsection in a condition to
adequately serve the needs of present
and future traffic; and
(iv) implement standards for traffic
operations and uniform traffic control
devices that are approved by the
Secretary.
(B) Technical assistance.--The agreement
required by subparagraph (A) shall--
(i) specify the kind of technical
assistance to be provided under the
program;
(ii) include appropriate provisions
regarding information sharing among the
territories; and
(iii) delineate the oversight role
and responsibilities of the territories
and the Secretary.
(C) Review and revision of agreement.--The
agreement entered into under subparagraph (A)
shall be reevaluated and, as necessary,
revised, at least every 2 years.
(D) Existing agreements.--With respect to an
agreement under this subsection or an agreement
entered into under section 215 of this title as
in effect on the day before the date of
enactment of this subsection--
(i) the agreement shall continue in
force until replaced by an agreement
entered into in accordance with
subparagraph (A); and
(ii) amounts made available under
this subsection under the existing
agreement shall be available for
obligation or expenditure so long as
the agreement, or the existing
agreement entered into under
subparagraph (A), is in effect.
(6) Eligible uses of funds.--
(A) In general.--Funds made available under
this subsection may be used only for the
following projects and activities carried out
in a territory:
(i) Eligible [surface transportation
program] surface transportation block
grant program projects described in
section 133(b).
(ii) Cost-effective, preventive
maintenance consistent with section
116(e).
(iii) Ferry boats, terminal
facilities, and approaches, in
accordance with subsections (b) and (c)
of section 129.
(iv) Engineering and economic surveys
and investigations for the planning,
and the financing, of future highway
programs.
(v) Studies of the economy, safety,
and convenience of highway use.
(vi) The regulation and equitable
taxation of highway use.
(vii) Such research and development
as are necessary in connection with the
planning, design, and maintenance of
the highway system.
(B) Prohibition on use of funds for routine
maintenance.--None of the funds made available
under this subsection shall be obligated or
expended for routine maintenance.
(7) Location of projects.--Territorial highway
program projects (other than those described in
paragraphs (2), (4), (7), (8), (14), and (19) of
section 133(b)) may not be undertaken on roads
functionally classified as local.
Sec. 166. HOV facilities
(a) In General.--
(1) [Authority of State agencies] Authority of
public authorities._ A[State agency] public authority
that has jurisdiction over the operation of a HOV
facility shall establish the occupancy requirements of
vehicles operating on the facility.
(2) Occupancy requirement.--Except as otherwise
provided by this section, no fewer than two occupants
per vehicle may be required for use of a HOV facility.
(b) Exceptions.--
(1) In general.--Notwithstanding the occupancy
requirement of subsection (a)(2), the exceptions in
paragraphs (2) through (5) shall apply with respect to
a [State agency] public authority operating a HOV
facility.
(2) Motorcycles and bicycles.--
(A) In general.--Subject to subparagraph (B),
the [State agency] public authority shall allow
motorcycles and bicycles to use the HOV
facility.
(B) Safety exception.--
(i) In general.--A [State agency]
public authority may restrict use of
the HOV facility by motorcycles or
bicycles (or both) if the agency
certifies to the Secretary that such
use would create a safety hazard and
the Secretary accepts the
certification.
(ii) Acceptance of certification.--
The Secretary may accept a
certification under this subparagraph
only after the Secretary publishes
notice of the certification in the
Federal Register and provides an
opportunity for public comment.
(3) Public transportation vehicles.--The [State
agency] public authority may allow public
transportation vehicles to use the HOV facility if the
agency--
(A) establishes requirements for clearly
identifying the vehicles; [and]
(B) establishes procedures for enforcing the
restrictions on the use of the facility by the
vehicles[.]; and
(C) provides equal access for all public
transportation vehicles and over-the-road
buses.
(4) High occupancy toll vehicles.--The [State agency]
public authority may allow vehicles not otherwise
exempt pursuant to this subsection to use the HOV
facility if the operators of the vehicles pay a toll
charged by the agency for use of the facility and the
agency--
(A) establishes a program that addresses how
motorists can enroll and participate in the
toll program;
(B) develops, manages, and maintains a system
that will automatically collect the toll; and
(C) establishes policies and procedures to--
(i) manage the demand to use the
facility by varying the toll amount
that is charged; and
(ii) enforce violations of use of the
facility.
(5) Low emission and energy-efficient vehicles.--
(A) Inherently low emission vehicle.--Before
September 30, [2017] 2021, the [State agency]
public authority may allow vehicles that are
certified as inherently low-emission vehicles
pursuant to section 88.311-93 of title 40, Code
of Federal Regulations (or successor
regulations), and are labeled in accordance
with section 88.312-93 of such title (or
successor regulations), to use the HOV facility
if the agency establishes procedures for
enforcing the restrictions on the use of the
facility by the vehicles.
(B) Other low emission and energy-efficient
vehicles.--Before September 30, [2017] 2021,
the [State agency] public authority may allow
vehicles certified as low emission and energy-
efficient vehicles under subsection (e), and
labeled in accordance with subsection (e), to
use the HOV facility if the operators of the
vehicles pay a toll charged by the agency for
use of the facility and the agency--
(i) establishes a program that
addresses the selection of vehicles
under this paragraph; and
(ii) establishes procedures for
enforcing the restrictions on the use
of the facility by the vehicles.
(C) Amount of tolls.--Under this paragraph, a
[State agency] public authority may charge no
toll or may charge a toll that is less than or
equal to tolls charged under paragraph (4).
(c) Requirements Applicable to Tolls.--
[(1) In general.--Tolls may be charged under
paragraphs (4) and (5) of subsection (b)
notwithstanding section 301 and, except as provided in
paragraphs (2) and (3), subject to the requirements of
section 129.
[(2) HOV facilities on the interstate system.--
Notwithstanding section 129, tolls may be charged under
paragraphs (4) and (5) of subsection (b) on a HOV
facility on the Interstate System.]
(1) In general.--Notwithstanding section 301, tolls
may be charged under paragraphs (4) and (5) of
subsection (b), subject to the requirements of section
129.
[(3)] (2) Toll revenue.--Toll revenue collected under
this section is subject to the requirements of section
129(a)(3).
(3) Exemption from tolls.--In levying tolls on a
facility under this section, a public authority may
designate classes of vehicles that are exempt from the
tolls or charge different toll rates for different
classes of vehicles, if equal rates are charged for all
public transportation vehicles and over-the-road buses,
whether publicly or privately owned.
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
(1) In general.--A [State agency] public authority
that allows vehicles to use a HOV facility under
paragraph (4) or (5) of subsection (b) shall submit to
the Secretary a report demonstrating that the facility
is not already degraded, and that the presence of the
vehicles will not cause the facility to become
degraded, and certify to the Secretary that the agency
will carry out the following responsibilities with
respect to the facility:
(A) Establishing, managing, and supporting a
performance monitoring, evaluation, and
reporting program for the facility that
provides for continuous monitoring, assessment,
and reporting on the impacts that the vehicles
may have on the operation of the facility and
adjacent highways and submitting to the
Secretary annual reports of those impacts.
(B) Establishing, managing, and supporting an
enforcement program that ensures that the
facility is being operated in accordance with
the requirements of this section.
(C) Limiting or discontinuing the use of the
facility by the vehicles whenever the operation
of the facility is degraded.
(D) Consultation of mpo.--If the facility is
on the Interstate System and located in a
metropolitan planning area established in
accordance with section 134, consulting with
the metropolitan planning organization for the
area concerning the placement and amount of
tolls on the facility.
[(D)] (E) Maintenance of operating
performance.--Not later than 180 days after the
date on which a facility is degraded pursuant
to the standard specified in paragraph (2), the
[State agency] public authority with
jurisdiction over the facility shall bring the
facility into compliance with the minimum
average operating speed performance standard
through changes to 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.
[(E)] (F) Compliance.--If the [State] public
authority fails to bring a facility into
compliance under [subparagraph (D)]
subparagraph (E), the Secretary shall subject
the State to appropriate program sanctions
under section 1.36 of title 23, Code of Federal
Regulations (or successor regulations), until
the performance is no longer degraded.
(2) Degraded facility.--
(A) Definition of minimum average operating
speed.--In this paragraph, the term ``minimum
average operating speed'' means--
(i) 45 miles per hour, in the case of
a HOV facility with a speed limit of 50
miles per hour or greater; and
(ii) not more than 10 miles per hour
below the speed limit, in the case of a
HOV facility with a speed limit of less
than 50 miles per hour.
(B) Standard for determining degraded
facility.--For purposes of paragraph (1), the
operation of a HOV facility shall be considered
to be degraded if vehicles operating on the
facility are failing to maintain a minimum
average operating speed 90 percent of the time
over a consecutive 180-day period during
morning or evening weekday peak hour periods
(or both).
(C) Management of low emission and energy-
efficient vehicles.--In managing the use of HOV
lanes by low emission and energy-efficient
vehicles that do not meet applicable occupancy
requirements, a [State agency] public authority
may increase the percentages described in
subsection (f)(3)(B)(i).
(e) Certification of Low Emission and Energy-Efficient
Vehicles.--Not later than 180 days after the date of enactment
of this section, the Administrator of the Environmental
Protection Agency shall--
(1) issue a final rule establishing requirements for
certification of vehicles as low emission and energy-
efficient vehicles for purposes of this section and
requirements for the labeling of the vehicles; and
(2) establish guidelines and procedures for making
the vehicle comparisons and performance calculations
described in subsection (f)(3)(B), in accordance with
section 32908(b) of title 49.
(f) Definitions.--In this section, the following definitions
apply:
(1) Alternative fuel vehicle.--The term ``alternative
fuel vehicle'' means a vehicle that is operating on--
(A) methanol, denatured ethanol, or other
alcohols;
(B) a mixture containing at least 85 percent
of methanol, denatured ethanol, and other
alcohols by volume with gasoline or other
fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) coal derived liquid fuels;
(G) fuels (except alcohol) derived from
biological materials;
(H) electricity (including electricity from
solar energy); or
(I) any other fuel that the Secretary
prescribes by regulation that is not
substantially petroleum and that would yield
substantial energy security and environmental
benefits, including fuels regulated under
section 490 of title 10, Code of Federal
Regulations (or successor regulations).
(2) HOV facility.--The term ``HOV facility'' means a
high occupancy vehicle facility.
(3) Low emission and energy-efficient vehicle.--The
term ``low emission and energy-efficient vehicle''
means a vehicle that--
(A) has been certified by the Administrator
as meeting the Tier II emission level
established in regulations prescribed by the
Administrator under section 202(i) of the Clean
Air Act (42 U.S.C. 7521(i)) for that make and
model year vehicle; and
(B)(i) is certified by the Administrator of
the Environmental Protection Agency, in
consultation with the manufacturer, to have
achieved not less than a 50-percent increase in
city fuel economy or not less than a 25-percent
increase in combined city-highway fuel economy
(or such greater percentage of city or city-
highway fuel economy as may be determined by a
State under subsection (d)(2)(C)) relative to a
comparable vehicle that is an internal
combustion gasoline fueled vehicle (other than
a vehicle that has propulsion energy from
onboard hybrid sources); or
(ii) is an alternative fuel vehicle.
(4) Public transportation vehicle.--The term ``public
transportation vehicle'' means a vehicle that--
(A) provides designated public transportation
(as defined in section 221 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12141)
or provides public school transportation (to
and from public or private primary, secondary,
or tertiary schools); and
(B)(i) is owned or operated by a public
entity;
(ii) is operated under a contract with a
public entity; or
(iii) is operated pursuant to a license by
the Secretary or a [State agency] public
authority to provide motorbus or school vehicle
transportation services to the public.
[(5) State agency.--
[(A) In general.--The term ``State agency'',
as used with respect to a HOV facility, means
an agency of a State or local government having
jurisdiction over the operation of the
facility.
[(B) Inclusion.--The term ``State agency''
includes a State transportation department.]
(5) Over-the-road bus.--The term ``over-the-road
bus'' means a vehicle as defined in section 301(5) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12181(5)).
(6) Public authority.--The term ``public authority''
as used with respect to a HOV facility, means a State,
interstate compact of States, public entity designated
by a State, or local government having jurisdiction
over the operation of the facility.
[Sec. 167. National freight policy
[(a) In General.--It is the policy of the United States to
improve the condition and performance of the national freight
network to ensure that the national freight network provides
the foundation for the United States to compete in the global
economy and achieve each goal described in subsection (b).
[(b) Goals.--The goals of the national freight policy are--
[(1) to invest in infrastructure improvements and to
implement operational improvements that--
[(A) strengthen the contribution of the
national freight network to the economic
competitiveness of the United States;
[(B) reduce congestion; and
[(C) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
[(2) to improve the safety, security, and resilience
of freight transportation;
[(3) to improve the state of good repair of the
national freight network;
[(4) to use advanced technology to improve the safety
and efficiency of the national freight network;
[(5) to incorporate concepts of performance,
innovation, competition, and accountability into the
operation and maintenance of the national freight
network; and
[(6) to improve the economic efficiency of the
national freight network.
[(7) to reduce the environmental impacts of freight
movement on the national freight network;
[(c) Establishment of a National Freight Network.--
[(1) In general.--The Secretary shall establish a
national freight network in accordance with this
section to assist States in strategically directing
resources toward improved system performance for
efficient movement of freight on highways, including
national highway system, freight intermodal connectors
and aerotropolis transportation systems.
[(2) Network components.--The national freight
network shall consist of--
[(A) the primary freight network, as
designated by the Secretary under subsection
(d) (referred to in this section as the
``primary freight network'') as most critical
to the movement of freight;
[(B) the portions of the Interstate System
not designated as part of the primary freight
network; and
[(C) critical rural freight corridors
established under subsection (e).
[(d) Designation of Primary Freight Network.--
[(1) Initial designation of primary freight
network.--
[(A) Designation.--Not later than 1 year
after the date of enactment of this section,
the Secretary shall designate a primary freight
network--
[(i) based on an inventory of
national freight volume conducted by
the Administrator of the Federal
Highway Administration, in consultation
with stakeholders, including system
users, transport providers, and States;
and
[(ii) that shall be comprised of not
more than 27,000 centerline miles of
existing roadways that are most
critical to the movement of freight.
[(B) Factors for designation.--In designating
the primary freight network, the Secretary
shall consider--
[(i) the origins and destinations of
freight movement in the United States;
[(ii) the total freight tonnage and
value of freight moved by highways;
[(iii) the percentage of annual
average daily truck traffic in the
annual average daily traffic on
principal arterials;
[(iv) the annual average daily truck
traffic on principal arterials;
[(v) land and maritime ports of
entry;
[(vi) access to energy exploration,
development, installation, or
production areas;
[(vii) population centers; and
[(viii) network connectivity.
[(2) Additional miles on primary freight network.--In
addition to the miles initially designated under
paragraph (1), the Secretary may increase the number of
miles designated as part of the primary freight network
by not more than 3,000 additional centerline miles of
roadways (which may include existing or planned roads)
critical to future efficient movement of goods on the
primary freight network.
[(3) Redesignation of primary freight network.--
Effective beginning 10 years after the designation of
the primary freight network and every 10 years
thereafter, using the designation factors described in
paragraph (1), the Secretary shall redesignate the
primary freight network (including additional mileage
described in paragraph (2)).
[(e) Critical Rural Freight Corridors.--A State may designate
a road within the borders of the State as a critical rural
freight corridor if the road--
[(1) 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 (FHWA vehicle class 8 to
13);
[(2) provides access to energy exploration,
development, installation, or production areas;
[(3) connects the primary freight network, a roadway
described in paragraph (1) or (2), or Interstate System
to facilities that handle more than--
[(A) 50,000 20-foot equivalent units per
year; or
[(B) 500,000 tons per year of bulk
commodities.
[(f) National Freight Strategic Plan.--
[(1) Initial development of national freight
strategic plan.--Not later than 3 years after the date
of enactment of this section, the Secretary shall, in
consultation with State departments of transportation
and other appropriate public and private transportation
stakeholders, develop and post on the Department of
Transportation public website a national freight
strategic plan that shall include--
[(A) an assessment of the condition and
performance of the national freight network;
[(B) an identification of highway bottlenecks
on the national freight network that create
significant freight congestion problems, based
on a quantitative methodology developed by the
Secretary, which shall, at a minimum, include--
[(i) information from the Freight
Analysis Network of the Federal Highway
Administration; and
[(ii) to the maximum extent
practicable, an estimate of the cost of
addressing each bottleneck and any
operational improvements that could be
implemented;
[(C) forecasts of freight volumes for the 20-
year period beginning in the year during which
the plan is issued;
[(D) an identification of major trade
gateways and national freight corridors that
connect major population centers, trade
gateways, and other major freight generators
for current and forecasted traffic and freight
volumes, the identification of which shall be
revised, as appropriate, in subsequent plans;
[(E) an assessment of statutory, regulatory,
technological, institutional, financial, and
other barriers to improved freight
transportation performance (including
opportunities for overcoming the barriers);
[(F) an identification of routes providing
access to energy exploration, development,
installation, or production areas;
[(G) best practices for improving the
performance of the national freight network;
[(H) best practices to mitigate the impacts
of freight movement on communities;
[(I) a process for addressing multistate
projects and encouraging jurisdictions to
collaborate; and
[(J) strategies to improve freight intermodal
connectivity.
[(2) Updates to national freight strategic plan.--Not
later than 5 years after the date of completion of the
first national freight strategic plan under paragraph
(1), and every 5 years thereafter, the Secretary shall
update and repost on the Department of Transportation
public website a revised national freight strategic
plan.
[(g) Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment of
this section, and biennially thereafter, the Secretary shall
prepare a report that contains a description of the conditions
and performance of the national freight network in the United
States.
[(h) Transportation Investment Data and Planning Tools.--
[(1) In general.--Not later than 1 year after the
date of enactment of this section, the Secretary
shall--
[(A) begin development of new tools and
improvement of existing tools or improve
existing tools to support an outcome-oriented,
performance-based approach to evaluate proposed
freight-related and other transportation
projects, including--
[(i) methodologies for systematic
analysis of benefits and costs;
[(ii) tools for ensuring that the
evaluation of freight-related and other
transportation projects could consider
safety, economic competitiveness,
environmental sustainability, and
system condition in the project
selection process; and
[(iii) other elements to assist in
effective transportation planning;
[(B) identify transportation-related model
data elements to support a broad range of
evaluation methods and techniques to assist in
making transportation investment decisions; and
[(C) 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.
[(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop,
improve, and implement the tools and collect the data
in paragraph (1).
[(i) Definition of Aerotropolis Transportation System.--In
this section, the term ``aerotropolis transportation system''
means a planned and coordinated multimodal freight and
passenger transportation network that, as determined by the
Secretary, provides efficient, cost- effective, sustainable,
and intermodal connectivity to a defined region of economic
significance centered around a major airport.]
Sec. 167. National highway freight policy
(a) In General.--It is the policy of the United States to
improve the condition and performance of the National Highway
Freight Network established under this section to ensure that
the Network provides a foundation for the United States to
compete in the global economy and achieve the goals described
in subsection (b).
(b) Goals.--The goals of the national highway freight policy
are--
(1) to invest in infrastructure improvements and to
implement operational improvements that--
(A) strengthen the contribution of the
National Highway Freight Network to the
economic competitiveness of the United States;
(B) reduce congestion and bottlenecks on the
National Highway Freight Network; and
(C) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
(2) to improve the safety, security, and resilience
of highway freight transportation;
(3) to improve the state of good repair of the
National Highway Freight Network;
(4) to use innovation and advanced technology to
improve the safety, efficiency, and reliability of the
National Highway Freight Network;
(5) to improve the economic efficiency of the
National Highway Freight Network;
(6) to improve the short and long distance movement
of goods that--
(A) travel across rural areas between
population centers; and
(B) travel between rural areas and population
centers;
(7) to improve the flexibility of States to support
multi-State corridor planning and the creation of
multi-State organizations to increase the ability of
States to address highway freight connectivity; and
(8) to reduce the environmental impacts of freight
movement on the National Highway Freight Network.
(c) Establishment of National Highway Freight Network.--
(1) In general.--The Secretary shall establish a
National Highway Freight Network in accordance with
this section to strategically direct Federal resources
and policies toward improved performance of the
Network.
(2) Network components.--The National Highway Freight
Network shall consist of--
(A) the Interstate System;
(B) non-Interstate highway segments on the
41,000-mile comprehensive primary freight
network developed by the Secretary under
section 167(d) as in effect on the day before
the date of enactment of the Surface
Transportation Reauthorization and Reform Act
of 2015; and
(C) additional non-Interstate highway
segments designated by the States under
subsection (d).
(d) State Additions to Network.--
(1) In general.--Not later than 1 year after the date
of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015, each State, in
consultation with the State freight advisory committee,
may increase the number of miles designated as part of
the National Highway Freight Network by not more than
10 percent of the miles designated in that State under
subparagraphs (A) and (B) of subsection (c)(2) if the
additional miles--
(A) close gaps between segments of the
National Highway Freight Network;
(B) establish connections from the National
Highway Freight Network to critical facilities
for the efficient movement of freight,
including ports, freight railroads,
international border crossings, airports,
intermodal facilities, warehouse and logistics
centers, and agricultural facilities; or
(C) are part of critical emerging freight
corridors or critical commerce corridors.
(2) Submission.--Each State shall--
(A) submit to the Secretary a list of the
additional miles added under this subsection;
and
(B) certify that the additional miles meet
the requirements of paragraph (1).
(e) Redesignation.--
(1) Redesignation by secretary.--
(A) In general.--Effective beginning 5 years
after the date of enactment of the Surface
Transportation Reauthorization and Reform Act
of 2015, and every 5 years thereafter, the
Secretary shall redesignate the highway
segments designated by the Secretary under
subsection (c)(2)(B) that are on the National
Highway Freight Network.
(B) Considerations.--In redesignating highway
segments under subparagraph (A), the Secretary
shall consider--
(i) changes in the origins and
destinations of freight movements in
the United States;
(ii) changes in the percentage of
annual average daily truck traffic in
the annual average daily traffic on
principal arterials;
(iii) changes in the location of key
facilities;
(iv) critical emerging freight
corridors; and
(v) network connectivity.
(C) Limitation.--Each redesignation under
subparagraph (A) may increase the mileage on
the National Highway Freight Network designated
by the Secretary by not more than 3 percent.
(2) Redesignation by states.--
(A) In general.--Effective beginning 5 years
after the date of enactment of the Surface
Transportation Reauthorization and Reform Act
of 2015, and every 5 years thereafter, each
State may, in consultation with the State
freight advisory committee, redesignate the
highway segments designated by the State under
subsection (c)(2)(C) that are on the National
Highway Freight Network.
(B) Considerations.--In redesignating highway
segments under subparagraph (A), the State
shall consider--
(i) gaps between segments of the
National Highway Freight Network;
(ii) needed connections from the
National Highway Freight Network to
critical facilities for the efficient
movement of freight, including ports,
freight railroads, international border
crossings, airports, intermodal
facilities, warehouse and logistics
centers, and agricultural facilities;
and
(iii) critical emerging freight
corridors or critical commerce
corridors.
(C) Limitation.--Each redesignation under
subparagraph (A) may increase the mileage on
the National Highway Freight Network designated
by the State by not more than 3 percent.
(D) Resubmission.--Each State, under the
advisement of the State freight advisory
committee, shall--
(i) submit to the Secretary a list of
the miles redesignated under this
paragraph; and
(ii) certify that the redesignated
miles meet the requirements of
subsection (d)(1).
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'' means the process for
preparing for a project 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.).
[(2) Planning product.--The term ``planning product''
means a detailed and timely decision, analysis, study,
or other documented information that--
[(A) is the result of an evaluation or
decisionmaking process carried out during
transportation planning, including a detailed
corridor plan or a transportation plan
developed under section 134 that fully analyzes
impacts on mobility, adjacent communities, and
the environment;
[(B) is intended to be carried into the
transportation project development process; and
[(C) has been approved by the State, all
local and tribal governments where the project
is located, and by any relevant metropolitan
planning organization.]
(1) Environmental review process.--The term
``environmental review process'' has the meaning given
that term in section 139(a).
(2) Lead agency.--The term ``lead agency'' has the
meaning given that term in section 139(a).
(3) Planning product.--The term ``planning product''
means a decision, analysis, study, or other documented
information that is the result of an evaluation or
decisionmaking process carried out by a metropolitan
planning organization or a State, as appropriate,
during metropolitan or statewide transportation
planning under section 134 or section 135,
respectively.
[(3)] (4) Project.--The term ``project'' has the
meaning given the term in section 139(a).
[(4)] (5) Project sponsor.--The term ``project
sponsor'' has the meaning given the term in section
139(a).
(b) Adoption or Incorporation by Reference of Planning
Products for Use in NEPA Proceedings.--
(1) In general.--Subject to the conditions set forth
in subsection (d), [the Federal lead agency for a
project may adopt] and to the maximum extent
practicable and appropriate, the lead agency for a
project 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.
[(2) Identification.--When the Federal lead agency
makes a determination to adopt and use a planning
product, the Federal lead agency shall identify those
agencies that participated in the development of the
planning products.
[(3) Partial adoption of planning products.--The
Federal lead agency may adopt a planning product under
paragraph (1) in its entirety or may select portions
for adoption.]
(2) Partial adoption or incorporation by reference of
planning products.--The lead agency may adopt or
incorporate by reference a planning product under
paragraph (1) in its entirety or may select portions
for adoption or incorporation by reference.
[(4)] (3) Timing.--A determination under paragraph
(1) with respect to the adoption or incorporation by
reference of a planning product may be made at the time
the lead agencies decide the appropriate scope of
environmental review for the project but may also occur
later in the environmental review process, as
appropriate.
(c) Applicability.--
(1) Planning decisions.--Planning decisions that may
be [adopted] adopted or incorporated by reference by
the lead agency pursuant to this section include--
[(A) whether tolling, private financial
assistance, or other special financial measures
are necessary to implement the project;]
(A) the project purpose and need;
(B) the preliminary screening of alternatives
and elimination of unreasonable alternatives;
[(B)] (C) a decision with respect to modal
choice and general travel corridor, including a
decision to implement corridor or subarea study
recommendations to advance different modal
solutions as separate projects with independent
utility;
[(C)] (D) a basic description of the
environmental setting;
[(D)] (E) a decision with respect to
methodologies for analysis; [and]
[(E)] (F) an identification of programmatic
level mitigation for [potential impacts that
the Federal lead agency, in consultation with
Federal, State, local, and tribal resource
agencies,] potential impacts of a project,
including a programmatic mitigation plan
developed in accordance with section 169, that
the lead agency determines are most effectively
addressed at a regional or national program
level, including--
(i) system-level measures to avoid,
minimize, or mitigate impacts of
proposed transportation investments on
environmental resources, including
regional ecosystem and water resources;
and
(ii) potential mitigation activities,
locations, and investments[.]; and
(G) whether tolling, private financial
assistance, or other special financial measures
are necessary to implement the project.
(2) Planning analyses.--Planning analyses that may be
[adopted] adopted or incorporated by reference by the
lead agency pursuant to this section include studies
with respect to--
(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[,
identified as a result of a statewide or
regional cumulative effects assessment]; and
(H) mitigation needs for a [proposed action]
proposed project, or for programmatic level
mitigation, for potential effects that the
[Federal lead agency] lead agency determines
are most effectively addressed at a regional or
national program level.
(d) Conditions.--[Adoption and use of a planning product
under this section is subject to a determination by the Federal
lead agency, with the concurrence of other participating
agencies with relevant expertise and project sponsors as
appropriate, and with an opportunity for public notice and
comment and consideration of those comments by the Federal lead
agency, that] The lead agency in the environmental review
process may adopt or incorporate by reference and use a
planning product under this section if the lead agency
determines 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 [by engaging
in active consultation] 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) During the planning process, notice was provided
through publication or other means to Federal, State,
local, and tribal governments that might have an
interest in the proposed project, and to members of the
general public, of the planning products that the
planning process might produce and that might be relied
on during any subsequent environmental review process,
and such entities have been provided an appropriate
opportunity to participate in the planning process
leading to such planning product.
[(5) After initiation of the environmental review
process, but prior to determining whether to rely on
and use the planning product, the lead Federal agency
has made documentation relating to the planning product
available to Federal, State, local, and tribal
governments that may have an interest in the proposed
action, and to members of the general public, and has
considered any resulting comments.]
(4) The planning process included public notice that
the planning products may be adopted or incorporated by
reference during a subsequent environmental review
process in accordance with this section.
(5) During the environmental review process, but
prior to determining whether to rely on and use the
planning product, the lead agency has--
(A) made the planning documents available for
review and comment by members of the general
public and Federal, State, local, and tribal
governments that may have an interest in the
proposed action;
(B) provided notice of the lead agency's
intent to adopt the planning product or
incorporate the planning product by reference;
and
(C) considered any resulting comments.
(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
sufficient to meet the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(10) The planning product was approved [not later
than 5 years prior to date on which the information is
adopted] within the 5-year period ending on the date on
which the information is adopted or incorporated by
reference pursuant to this section.
(e) Effect of Adoption or Incorporation by Reference.--Any
planning product [adopted by the Federal lead agency] adopted
or incorporated by reference by the lead agency in accordance
with this section may be incorporated directly into an
environmental review process document or other environmental
document and may be relied upon and used by other Federal
agencies in carrying out reviews of the project.
(f) Rules of Construction.--
(1) In general.--This section shall not be construed
to 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 shall not be
construed to affect the use of planning products in the
environmental review process pursuant to other
authorities under any other provision of law or to
restrict the initiation of the environmental review
process during planning.
Sec. 169. Development of programmatic mitigation plans
(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan
planning organization may develop 1 or more programmatic
mitigation plans to address the potential environmental impacts
of future transportation projects.
(b) Scope.--
(1) Scale.--A programmatic mitigation plan may be
developed on a regional, ecosystem, watershed, or
statewide scale.
(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic
area or may focus on a specific resource, such as
aquatic resources, parkland, or wildlife habitat.
(3) Project impacts.--The plan may address impacts
from all projects in a defined geographic area or may
focus on a specific type of project.
(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning
organization, as appropriate, in consultation with the
agency or agencies with jurisdiction over the resources
being addressed in the mitigation plan.
(c) Contents.--A programmatic mitigation plan may include--
(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan,
including an assessment of recent trends and any
potential threats to those resources;
(2) an assessment of potential opportunities to
improve the overall quality of environmental resources
in the geographic area covered by the plan, through
strategic mitigation for impacts of transportation
projects;
(3) standard measures for mitigating certain types of
impacts;
(4) parameters for determining appropriate mitigation
for certain types of impacts, such as mitigation ratios
or criteria for determining appropriate mitigation
sites;
(5) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to
information gathered through the monitoring; and
(6) acknowledgment of specific statutory or
regulatory requirements that must be satisfied when
determining appropriate mitigation for certain types of
resources.
(d) Process.--Before adopting a programmatic mitigation plan,
a State or metropolitan planning organization shall--
(1) consult with each agency with jurisdiction over
the environmental resources considered in the
programmatic mitigation plan;
(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies
and the public;
(3) consider any comments received from such agencies
and the public on the draft plan; and
(4) address such comments in the final plan.
(e) Integration With Other Plans.--A programmatic mitigation
plan may be integrated with other plans, including watershed
plans, ecosystem plans, species recovery plans, growth
management plans, and land use plans.
(f) Consideration in Project Development and Permitting.--If
a programmatic mitigation plan has been developed pursuant to
this section, any Federal agency responsible for environmental
reviews, permits, or approvals for a transportation project
[may use] shall give substantial weight to the recommendations
in a programmatic mitigation plan when carrying out the
responsibilities under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(g) Preservation of Existing Authorities.--Nothing in this
section limits the use of programmatic approaches to reviews
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
* * * * * * *
CHAPTER 2--OTHER HIGHWAYS
Sec.
201. Federal lands and tribal transportation programs.
* * * * * * *
207. Tribal transportation self-governance program.
* * * * * * *
[213. Transportation alternatives]
* * * * * * *
Sec. 201. Federal lands and tribal transportation programs
(a) Purpose.--Recognizing the need for all public Federal and
tribal transportation facilities to be treated under uniform
policies similar to the policies that apply to Federal-aid
highways and other public transportation facilities, the
Secretary of Transportation, in collaboration with the
Secretaries of the appropriate Federal land management
agencies, shall coordinate a uniform policy for all public
Federal and tribal transportation facilities that shall apply
to Federal lands transportation facilities, tribal
transportation facilities, and Federal lands access
transportation facilities.
(b) Availability of Funds.--
(1) Availability.--Funds authorized for the tribal
transportation program, the Federal lands
transportation program, and the Federal lands access
program shall be available for contract upon
apportionment, or on October 1 of the fiscal year for
which the funds were authorized if no apportionment is
required.
(2) Amount remaining.--Any amount remaining
unexpended for a period of 3 years after the close of
the fiscal year for which the funds were authorized
shall lapse.
(3) Obligations.--The Secretary of the department
responsible for the administration of funds under this
subsection may incur obligations, approve projects, and
enter into contracts under such authorizations, which
shall be considered to be contractual obligations of
the United States for the payment of the cost thereof,
the funds of which shall be considered to have been
expended when obligated.
(4) Expenditure.--
(A) In general.--Any funds authorized for any
fiscal year after the date of enactment of this
section under the Federal lands transportation
program, the Federal lands access program, and
the tribal transportation program shall be
considered to have been expended if a sum equal
to the total of the sums authorized for the
fiscal year and previous fiscal years have been
obligated.
(B) Credited funds.--Any funds described in
subparagraph (A) that are released by payment
of final voucher or modification of project
authorizations shall be--
(i) credited to the balance of
unobligated authorizations; and
(ii) immediately available for
expenditure.
(5) Applicability.--This section shall not apply to
funds authorized before the date of enactment of this
paragraph.
(6) Contractual obligation.--
(A) In general.--Notwithstanding any other
provision of law (including regulations), the
authorization by the Secretary, or the
Secretary of the appropriate Federal land
management agency if the agency is the
contracting office, of engineering and related
work for the development, design, and
acquisition associated with a construction
project, whether performed by contract or
agreement authorized by law, or the approval by
the Secretary of plans, specifications, and
estimates for construction of a project, shall
be considered to constitute a contractual
obligation of the Federal Government to pay the
total eligible cost of--
(i) any project funded under this
title; and
(ii) any project funded pursuant to
agreements authorized by this title or
any other title.
(B) Effect.--Nothing in this paragraph--
(i) affects the application of the
Federal share associated with the
project being undertaken under this
section; or
(ii) modifies the point of obligation
associated with Federal salaries and
expenses.
(7) Federal share.--
(A) Tribal and Federal lands transportation
program.--The Federal share of the cost of a
project carried out under the Federal lands
transportation program or the tribal
transportation program shall be 100 percent.
(B) Federal lands access program.--The
Federal share of the cost of a project carried
out under the Federal lands access program
shall be determined in accordance with section
120.
(c) Transportation Planning.--
(1) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
implement transportation planning procedures for
Federal lands and tribal transportation facilities that
are consistent with the planning processes required
under sections 134 and 135.
(2) Approval of transportation improvement program.--
The transportation improvement program developed as a
part of the transportation planning process under this
section shall be approved by the Secretary.
(3) Inclusion in other plans.--Each regionally
significant tribal transportation program, Federal
lands transportation program, and Federal lands access
program project shall be--
(A) developed in cooperation with State and
metropolitan planning organizations; and
(B) included in appropriate tribal
transportation program plans, Federal lands
transportation program plans, Federal lands
access program plans, State and metropolitan
plans, and transportation improvement programs.
(4) Inclusion in State programs.--The approved tribal
transportation program, Federal lands transportation
program, and Federal lands access program
transportation improvement programs shall be included
in appropriate State and metropolitan planning
organization plans and programs without further action
on the transportation improvement program.
(5) Asset management.--The Secretary and the
Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, implement
safety, bridge, pavement, and congestion management
systems for facilities funded under the tribal
transportation program and the Federal lands
transportation program in support of asset management.
(6) Data collection.--
(A) Data collection.--The Secretaries of the
appropriate Federal land management agencies
shall collect and report data necessary to
implement the Federal lands transportation
program, the Federal lands access program, and
the tribal transportation program in accordance
with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.), including--
(i) inventory and condition
information on Federal lands
transportation facilities and tribal
transportation facilities; and
(ii) bridge inspection and inventory
information on any Federal bridge open
to the public.
(B) Standards.--The Secretary, in
coordination with the Secretaries of the
appropriate Federal land management agencies,
shall define the collection and reporting data
standards.
(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).
(7) Administrative expenses.--To implement the
activities described in this subsection, including
direct support of transportation planning activities
among Federal land management agencies, the Secretary
may use not more than 5 percent for each fiscal year of
the funds authorized for programs under sections 203
and 204.
(d) Reimbursable Agreements.--In carrying out work under
reimbursable agreements with any State, local, or tribal
government under this title, the Secretary--
(1) may, without regard to any other provision of law
(including regulations), record obligations against
accounts receivable from the entity; and
(2) shall credit amounts received from the entity to
the appropriate account, which shall occur not later
than 90 days after the date of the original request by
the Secretary for payment.
(e) Transfers.--
(1) In general.--To enable the efficient use of funds
made available for the Federal lands transportation
program and the Federal lands access program, the funds
may be transferred by the Secretary within and between
each program with the concurrence of, as appropriate--
(A) the Secretary;
(B) the affected Secretaries of the
respective Federal land management agencies;
(C) State departments of transportation; and
(D) local government agencies.
(2) Credit.--The funds described in paragraph (1)
shall be credited back to the loaning entity with funds
that are currently available for obligation at the time
of the credit.
Sec. 202. Tribal transportation program
(a) Use of Funds.--
(1) In general.--Funds made available under the
tribal transportation program shall be used by the
Secretary of Transportation and the Secretary of the
Interior to pay the costs of--
(A)(i) transportation planning, research,
maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction
of tribal transportation facilities;
(ii) adjacent vehicular parking areas;
(iii) interpretive signage;
(iv) acquisition of necessary scenic
easements and scenic or historic sites;
(v) provisions for pedestrians and bicycles;
(vi) environmental mitigation in or adjacent
to tribal land--
(I) to improve public safety and
reduce vehicle- caused wildlife
mortality while maintaining habitat
connectivity; and
(II) to mitigate the damage to
wildlife, aquatic organism passage,
habitat, and ecosystem connectivity,
including the costs of constructing,
maintaining, replacing, or removing
culverts and bridges, as appropriate;
(vii) construction and reconstruction of
roadside rest areas, including sanitary and
water facilities; and
(viii) other appropriate public road
facilities as determined by the Secretary;
(B) operation and maintenance of transit
programs and facilities that are located on, or
provide access to, tribal land, or are
administered by a tribal government; and
(C) any transportation project eligible for
assistance under this title that is located
within, or that provides access to, tribal
land, or is associated with a tribal
government.
(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the Interior may enter into a contract or
other appropriate agreement with respect to the
activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry
out any construction or other activity described in
paragraph (1).
(4) Federal employment.--No maximum limitation on
Federal employment shall be applicable to the
construction or improvement of tribal transportation
facilities.
(5) Funds for construction and improvement.--All
funds made available for the construction and
improvement of tribal transportation facilities shall
be administered in conformity with regulations and
agreements jointly approved by the Secretary and the
Secretary of the Interior.
(6) Administrative expenses.--Of the funds authorized
to be appropriated for the tribal transportation
program, not more than [6 percent] 5 percent may be
used by the Secretary or the Secretary of the Interior
for program management and oversight and project-
related administrative expenses.
(7) Tribal technical assistance centers.--The
Secretary of the Interior may reserve amounts from
administrative funds of the Bureau of Indian Affairs
that are associated with the tribal transportation
program to fund tribal technical assistance centers
under section 504(b).
(8) Maintenance.--
(A) Use of funds.--Notwithstanding any other
provision of this title, of the amount of funds
allocated to an Indian tribe from the tribal
transportation program, for the purpose of
maintenance (excluding road sealing, which
shall not be subject to any limitation), the
Secretary shall not use an amount more than the
greater of--
(i) an amount equal to 25 percent; or
(ii) $500,000.
(B) Responsibility of Bureau of Indian
Affairs and Secretary of the Interior.--
(i) Bureau of Indian Affairs.--The
Bureau of Indian Affairs shall retain
primary responsibility, including
annual funding request responsibility,
for Bureau of Indian Affairs road
maintenance programs on Indian
reservations.
(ii) Secretary of the Interior.--The
Secretary of the Interior shall ensure
that funding made available under this
subsection for maintenance of tribal
transportation facilities for each
fiscal year is supplementary to, and
not in lieu of, any obligation of funds
by the Bureau of Indian Affairs for
road maintenance programs on Indian
reservations.
(C) Tribal-state road maintenance
agreements.--
(i) In general.--An Indian tribe and
a State may enter into a road
maintenance agreement under which an
Indian tribe shall assume the
responsibility of the State for--
(I) tribal transportation
facilities; and
(II) roads providing access
to tribal transportation
facilities.
(ii) Requirements.--Agreements
entered into under clause (i) shall--
(I) be negotiated between the
State and the Indian tribe; and
(II) not require the approval
of the Secretary.
(9) Cooperation.--
(A) In general.--The cooperation of States,
counties, or other local subdivisions may be
accepted in construction and improvement.
(B) Funds received.--Any funds received from
a State, county, or local subdivision shall be
credited to appropriations available for the
tribal transportation program.
(10) Competitive bidding.--
(A) Construction.--
(i) In general.--Subject to clause
(ii) and subparagraph (B), construction
of each project shall be performed by
contract awarded by competitive
bidding.
(ii) Exception.--Clause (i) shall not
apply if the Secretary or the Secretary
of the Interior affirmatively finds
that, under the circumstances relating
to the project, a different method is
in the public interest.
(B) Applicability.--Notwithstanding
subparagraph (A), section 23 of the Act of June
25, 1910 (25 U.S.C. 47) and section 7(b) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)) shall apply
to all funds administered by the Secretary of
the Interior that are appropriated for the
construction and improvement of tribal
transportation facilities.
(b) Funds Distribution.--
(1) National tribal transportation facility
inventory.--
(A) In general.--The Secretary of the
Interior, in cooperation with the Secretary,
shall maintain a comprehensive national
inventory of tribal transportation facilities
that are eligible for assistance under the
tribal transportation program.
(B) Transportation facilities included in the
inventory.--For purposes of identifying the
tribal transportation system and determining
the relative transportation needs among Indian
tribes, the Secretary shall include, at a
minimum, transportation facilities that are
eligible for assistance under the tribal
transportation program that an Indian tribe has
requested, including facilities that--
(i) were included in the Bureau of
Indian Affairs system inventory prior
to October 1, 2004;
(ii) are owned by an Indian tribal
government;
(iii) are owned by the Bureau of
Indian Affairs;
(iv) were constructed or
reconstructed with funds from the
Highway Trust Fund under the Indian
reservation roads program since 1983;
(v) are public roads or bridges
within the exterior boundary of Indian
reservations, Alaska Native villages,
and other recognized Indian communities
(including communities in former Indian
reservations in the State of Oklahoma)
in which the majority of residents are
American Indians or Alaska Natives;
(vi) are public roads within or
providing access to an Indian
reservation or Indian trust land or
restricted Indian land that is not
subject to fee title alienation without
the approval of the Federal Government,
or Indian or Alaska Native villages,
groups, or communities in which Indians
and Alaska Natives reside, whom the
Secretary of the Interior has
determined are eligible for services
generally available to Indians under
Federal laws specifically applicable to
Indians; or
(vii) are primary access routes
proposed by tribal governments,
including roads between villages, roads
to landfills, roads to drinking water
sources, roads to natural resources
identified for economic development,
and roads that provide access to
intermodal terminals, such as airports,
harbors, or boat landings.
(C) Limitation on primary access routes.--For
purposes of this paragraph, a proposed primary
access route is the shortest practicable route
connecting 2 points of the proposed route.
(D) Additional facilities.--Nothing in this
paragraph precludes the Secretary from
including additional transportation facilities
that are eligible for funding under the tribal
transportation program in the inventory used
for the national funding allocation if such
additional facilities are included in the
inventory in a uniform and consistent manner
nationally.
(E) Bridges.--All bridges in the inventory
shall be recorded in the national bridge
inventory administered by the Secretary under
section 144.
(2) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall
maintain any regulations governing the tribal
transportation program.
(3) Basis for funding formula.--
(A) Basis.--
(i) In general.--After making the set
asides authorized under subparagraph
(C) and subsections (c), (d), and (e)
on October 1 of each fiscal year, the
Secretary shall distribute the
remainder authorized to be appropriated
for the tribal transportation program
under this section among Indian tribes
as follows:
(I) For fiscal year 2013--
(aa) for each Indian
tribe, 80 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(II) For fiscal year 2014--
(aa) for each Indian
tribe, 60 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(III) For fiscal year 2015--
(aa) for each Indian
tribe, 40 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(IV) For fiscal year 2016 and
thereafter--
(aa) for each Indian
tribe, 20 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(ii) Tribal high priority projects.--
The High Priority Projects program as
included in the Tribal Transportation
Allocation Methodology of part 170 of
title 25, Code of Federal Regulations
(as in effect on the date of enactment
of the MAP-21), shall not continue in
effect.
(B) Tribal shares.--Tribal shares under this
program shall be determined using the national
tribal transportation facility inventory as
calculated for fiscal year 2012, and the most
recent data on American Indian and Alaska
Native population within each Indian tribe's
American Indian/Alaska Native Reservation or
Statistical Area, as computed under the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), in the following manner:
(i) 27 percent in the ratio that the
total eligible road mileage in each
tribe bears to the total eligible road
mileage of all American Indians and
Alaskan Natives. For the purposes of
this calculation, eligible road mileage
shall be computed based on the
inventory described in paragraph (1),
using only facilities included in the
inventory described in clause (i),
(ii), or (iii) of paragraph (1)(B).
(ii) 39 percent in the ratio that the
total population in each tribe bears to
the total population of all American
Indians and Alaskan Natives.
(iii) 34 percent shall be divided
equally among each Bureau of Indian
Affairs region. Within each region,
such share of funds shall be
distributed to each Indian tribe in the
ratio that the average total relative
need distribution factors and
population adjustment factors from
fiscal years 2005 through 2011 for a
tribe bears to the average total of
relative need distribution factors and
population adjustment factors for
fiscal years 2005 through 2011 in that
region.
(C) Tribal supplemental funding.--
(i) Tribal supplemental funding
amount.--Of funds made available for
each fiscal year for the tribal
transportation program, the Secretary
shall set aside the following amount
for a tribal supplemental program:
(I) If the amount made
available for the tribal
transportation program is less
than or equal to $275,000,000,
30 percent of such amount.
(II) If the amount made
available for the tribal
transportation program exceeds
$275,000,000--
(aa) $82,500,000;
plus
(bb) 12.5 percent of
the amount made
available for the
tribal transportation
program in excess of
$275,000,000.
(ii) Tribal supplemental
allocation.--The Secretary shall
distribute tribal supplemental funds as
follows:
(I) Distribution among
regions.--Of the amounts set
aside under clause (i), the
Secretary shall distribute to
each region of the Bureau of
Indian Affairs a share of
tribal supplemental funds in
proportion to the regional
total of tribal shares based on
the cumulative tribal shares of
all Indian tribes within such
region under subparagraph (B).
(II) Distribution within a
region.--Of the amount that a
region receives under subclause
(I), the Secretary shall
distribute tribal supplemental
funding among Indian tribes
within such region as follows:
(aa) Tribal
supplemental amounts.--
The Secretary shall
determine--
(AA) which
such Indian
tribes would be
entitled under
subparagraph
(A) to receive
in a fiscal
year less
funding than
they would
receive in
fiscal year
2011 pursuant
to the relative
need
distribution
factor and
population
adjustment
factor, as
described in
subpart C of
part 170 of
title 25, Code
of Federal
Regulations (as
in effect on
the date of
enactment of
the MAP-21);
and
(BB) the
combined amount
that such
Indian tribes
would be
entitled to
receive in
fiscal year
2011 pursuant
to such
relative need
distribution
factor and
population
adjustment
factor in
excess of the
amount that
they would be
entitled to
receive in the
fiscal year
under
subparagraph
(B).
(bb) Combined
amount.--Subject to
subclause (III), the
Secretary shall
distribute to each
Indian tribe that meets
the criteria described
in item (aa)(AA) a
share of funding under
this subparagraph in
proportion to the share
of the combined amount
determined under item
(aa)(BB) attributable
to such Indian tribe.
(III) Ceiling.--An Indian
tribe may not receive under
subclause (II) and based on its
tribal share under subparagraph
(A) a combined amount that
exceeds the amount that such
Indian tribe would be entitled
to receive in fiscal year 2011
pursuant to the relative need
distribution factor and
population adjustment factor,
as described in subpart C of
part 170 of title 25, Code of
Federal Regulations (as in
effect on the date of enactment
of the MAP-21).
(IV) Other amounts.--If the
amount made available for a
region under subclause (I)
exceeds the amount distributed
among Indian tribes within that
region under subclause (II),
the Secretary shall distribute
the remainder of such region's
funding under such subclause
among all Indian tribes in that
region in proportion to the
combined amount that each such
Indian tribe received under
subparagraph (A) and subclauses
(I), (II), and (III).]
(4) Transferred funds.--
(A) In general.--Not later than 30 days after
the date on which funds are made available to
the Secretary of the Interior under this
paragraph, the funds shall be distributed to,
and made available for immediate use by,
eligible Indian tribes, in accordance with the
formula for distribution of funds under the
tribal transportation program.
(B) Use of funds.--Notwithstanding any other
provision of this section, funds made available
to Indian tribes for tribal transportation
facilities shall be expended on projects
identified in a transportation improvement
program approved by the Secretary.
(5) Health and safety assurances.--Notwithstanding
any other provision of law, an Indian tribal government
may approve plans, specifications, and estimates and
commence road and bridge construction with funds made
available from the tribal transportation program
through a contract or agreement under Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.), if the Indian tribal government--
(A) provides assurances in the contract or
agreement that the construction will meet or
exceed applicable health and safety standards;
(B) obtains the advance review of the plans
and specifications from a State-licensed civil
engineer that has certified that the plans and
specifications meet or exceed the applicable
health and safety standards; and
(C) provides a copy of the certification
under subparagraph (A) to the Deputy Assistant
Secretary for Tribal Government Affairs,
Department of Transportation, or the Assistant
Secretary for Indian Affairs, Department of the
Interior, as appropriate.
(6) Contracts and agreements with Indian tribes.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available through the Secretary
of the Interior under this chapter and section
125(e) for tribal transportation facilities to
pay for the costs of programs, services,
functions, and activities, or portions of
programs, services, functions, or activities,
that are specifically or functionally related
to the cost of planning, research, engineering,
and construction of any tribal transportation
facility shall be made available, upon request
of the Indian tribal government, to the Indian
tribal government for contracts and agreements
for such planning, research, engineering, and
construction in accordance with Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
(B) Exclusion of agency participation.--All
funds, including contract support costs, for
programs, functions, services, or activities,
or portions of programs, services, functions,
or activities, including supportive
administrative functions that are otherwise
contractible to which subparagraph (A) applies,
shall be paid in accordance with subparagraph
(A), without regard to the organizational level
at which the Department of the Interior has
previously carried out such programs,
functions, services, or activities.
(7) Contracts and agreements with Indian tribes.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available to an Indian tribal
government under this chapter for a tribal
transportation facility program or project
shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the
planning, research, design, engineering,
construction, and maintenance relating to the
program or project.
(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds,
including contract support costs, for a program
or project to which subparagraph (A) applies
shall be paid to the Indian tribal government
without regard to the organizational level at
which the Department of the Interior has
previously carried out, or the Department of
Transportation has previously carried out under
the tribal transportation program, the
programs, functions, services, or activities
involved.
(C) Consortia.--Two or more Indian tribes
that are otherwise eligible to participate in a
program or project to which this chapter
applies may form a consortium to be considered
as a single Indian tribe for the purpose of
participating in the project under this
section.
(D) Secretary as signatory.--Notwithstanding
any other provision of law, the Secretary is
authorized to enter into a funding agreement
with an Indian tribal government to carry out a
tribal transportation facility program or
project under subparagraph (A) that is located
on an Indian reservation or provides access to
the reservation or a community of the Indian
tribe.
(E) Funding.--The amount an Indian tribal
government receives for a program or project
under subparagraph (A) shall equal the sum of
the funding that the Indian tribal government
would otherwise receive for the program or
project in accordance with the funding formula
established under this subsection and 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.
(F) Eligibility.--
(i) In general.--Subject to clause
(ii) and the approval of the Secretary,
funds may be made available under
subparagraph (A) to an Indian tribal
government for a program or project in
a fiscal year only if the Indian tribal
government requesting such funds
demonstrates to the satisfaction of the
Secretary financial stability and
financial management capability during
the 3 fiscal years immediately
preceding the fiscal year for which the
request is being made.
(ii) Considerations.--An Indian
tribal government that had no
uncorrected significant and material
audit exceptions in the required annual
audit of the contracts or self-
governance funding agreements made by
the Indian tribe with any Federal
agency under the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) during the
3-fiscal year period referred in clause
(i) shall be conclusive evidence of the
financial stability and financial
management capability of the Indian
tribe for purposes of clause (i).
(G) Assumption of functions and duties.--An
Indian tribal government receiving funding
under subparagraph (A) for a program or project
shall assume all functions and duties that the
Secretary of the Interior would have performed
with respect to a program or project under this
chapter, other than those functions and duties
that inherently cannot be legally transferred
under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.).
(H) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a
program or project shall have all powers that
the Secretary of the Interior would have
exercised in administering the funds
transferred to the Indian tribal government for
such program or project under this section if
the funds had not been transferred, except to
the extent that such powers are powers that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(I) Dispute resolution.--In the event of a
disagreement between the Secretary or the
Secretary of the Interior and an Indian tribe
over whether a particular function, duty, or
power may be lawfully transferred to the Indian
tribe under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.), the Indian tribe shall have the right to
pursue all alternative dispute resolution and
appeal procedures authorized by that Act,
including regulations issued to carry out the
Act.
(J) Termination of contract or agreement.--On
the date of the termination of a contract or
agreement under this section by an Indian
tribal government, the Secretary shall transfer
all funds that would have been allocated to the
Indian tribal government under the contract or
agreement to the Secretary of the Interior to
provide continued transportation services in
accordance with applicable law.
(c) Planning.--
(1) In general.--For each fiscal year, not more than
2 percent of the funds made available for the tribal
transportation program shall be allocated among Indian
tribal governments that apply for transportation
planning pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
(2) Requirement.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or
metropolitan planning organization, shall carry out a
transportation planning process in accordance with
section 201(c).
(3) Selection and approval of projects.--A project
funded under this section shall be--
(A) selected by the Indian tribal government
from the transportation improvement program;
and
(B) subject to the approval of the Secretary
of the Interior and the Secretary.
(d) Tribal Transportation Facility Bridges.--
(1) Nationwide priority program.--The Secretary shall
maintain a nationwide priority program for improving
deficient bridges eligible for the tribal
transportation program.
(2) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more
than 2 percent of the funds made available under the
tribal transportation program for each fiscal year to
be allocated--
(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of a project to replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and
deicing composition; or
(B) to implement any countermeasure for
deficient tribal transportation facility
bridges, including multiple-pipe culverts.
(3) Eligible bridges.--To be eligible to receive
funding under this subsection, a bridge described in
paragraph (1) shall--
(A) have an opening of not less than 20 feet;
(B) be classified as a tribal transportation
facility; and
(C) be structurally deficient or functionally
obsolete.
(4) Approval requirement.--The Secretary may make
funds available under this subsection for preliminary
engineering, construction, and construction engineering
activities after approval of required documentation and
verification of eligibility in accordance with this
title.
(e) Safety.--
(1) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more
than 2 percent of the funds made available under the
tribal transportation program for each fiscal year to
be allocated based on an identification and analysis of
highway safety issues and opportunities on tribal land,
as determined by the Secretary, on application of the
Indian tribal governments for eligible projects
described in section 148(a)(4).
(2) Project selection.--An Indian tribal government,
in cooperation with the Secretary of the Interior and,
as appropriate, with a State, local government, or
metropolitan planning organization, shall select
projects from the transportation improvement program,
subject to the approval of the Secretary and the
Secretary of the Interior.
(f) Federal-aid Eligible Projects.--Before approving as a
project on a tribal transportation facility any project
eligible for funds apportioned under section 104 in a State,
the Secretary shall, for projects on tribal transportation
facilities, determine that the obligation of funds for the
project is supplementary to and not in lieu of the obligation
of a fair and equitable share of funds apportioned to the State
under section 104.
Sec. 203. Federal lands transportation program
(a) Use of Funds.--
(1) In general.--Funds made available under the
Federal lands transportation program shall be used by
the Secretary of Transportation and the Secretary of
the appropriate Federal land management agency to pay
the costs of--
(A) program administration, transportation
planning, research, preventive maintenance,
engineering, rehabilitation, restoration,
construction, and reconstruction of Federal
lands transportation facilities, and--
(i) adjacent vehicular parking areas;
(ii) acquisition of necessary scenic
easements and scenic or historic sites;
(iii) provision for pedestrians and
bicycles;
(iv) environmental mitigation in or
adjacent to Federal land open to the
public--
(I) to improve public safety
and reduce vehicle- caused
wildlife mortality while
maintaining habitat
connectivity; and
(II) to mitigate the damage
to wildlife, aquatic organism
passage, habitat, and ecosystem
connectivity, including the
costs of constructing,
maintaining, replacing, or
removing culverts and bridges,
as appropriate;
(v) construction and reconstruction
of roadside rest areas, including
sanitary and water facilities;
(vi) congestion mitigation; and
(vii) other appropriate public road
facilities, as determined by the
Secretary;
(B) [operation] capital, operations, and
maintenance of transit facilities;
(C) any transportation project eligible for
assistance under this title that is on a public
road within or adjacent to, or that provides
access to, Federal lands open to the public;
and
(D) not more $10,000,000 of the amounts made
available per fiscal year to carry out this
section for activities eligible under
subparagraph (A)(iv).
(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to the activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Administration.--All appropriations for the
construction and improvement of Federal lands
transportation facilities shall be administered in
conformity with regulations and agreements jointly
approved by the Secretary and the Secretary of the
appropriate Federal land managing agency.
(4) Cooperation.--
(A) In general.--The cooperation of States,
counties, or other local subdivisions may be
accepted in construction and improvement.
(B) Funds received.--Any funds received from
a State, county, or local subdivision shall be
credited to appropriations available for the
class of Federal lands transportation
facilities to which the funds were contributed.
(5) Competitive bidding.--
(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed
by contract awarded by competitive bidding.
(B) Exception.--Subparagraph (A) shall not
apply if the Secretary or the Secretary of the
appropriate Federal land management agency
affirmatively finds that, under the
circumstances relating to the project, a
different method is in the public interest.
(b) Agency Program Distributions.--
(1) In general.--On October 1, 2011, and on October 1
of each fiscal year thereafter, the Secretary shall
allocate the sums authorized to be appropriated for the
fiscal year for the Federal lands transportation
program on the basis of applications of need, as
determined by the Secretary--
(A) in consultation with the Secretaries of
the applicable Federal land management
agencies; and
(B) in coordination with the transportation
plans required under section 201 of the
respective transportation systems of--
(i) the National Park Service;
(ii) the Forest Service;
(iii) the United States Fish and
Wildlife Service;
(iv) the Corps of Engineers; [and]
(v) the Bureau of Land Management[.];
(vi) the Bureau of Reclamation; and
(vii) independent Federal agencies
with natural resource and land
management responsibilities.
(2) Applications.--
(A) Requirements.--Each application submitted
by a Federal land management agency shall
include proposed programs at various potential
funding levels, as defined by the Secretary
following collaborative discussions with
applicable Federal land management agencies.
(B) Consideration by Secretary.--In
evaluating an application submitted under
subparagraph (A), the Secretary shall consider
the extent to which the programs support
performance management, including--
(i) the transportation goals of--
(I) a state of good repair of
transportation facilities;
(II) a reduction of bridge
deficiencies[, and]; and
(III) an improvement of
safety;
(ii) high-use Federal recreational
sites or Federal economic generators;
and
(iii) the resource and asset
management goals of the Secretary of
the respective Federal land management
agency.
(C) Permissive contents.--Applications may
include proposed programs the duration of which
extend over a multiple- year period to support
long-term transportation planning and resource
management initiatives.
(c) National Federal Lands Transportation Facility
Inventory.--
(1) In general.--The Secretaries of the appropriate
Federal land management agencies, in cooperation with
the Secretary, shall maintain a comprehensive national
inventory of public Federal lands transportation
facilities.
(2) Transportation facilities included in the
inventories.--To identify the Federal lands
transportation system and determine the relative
transportation needs among Federal land management
agencies, the inventories shall include, at a minimum,
facilities that--
(A) provide access to high-use Federal
recreation sites or Federal economic
generators, as determined by the Secretary in
coordination with the respective Secretaries of
the appropriate Federal land management
agencies; and
(B) are owned by 1 of the following agencies:
(i) The National Park Service.
(ii) The Forest Service.
(iii) The United States Fish and
Wildlife Service.
(iv) The Bureau of Land Management.
(v) The Corps of Engineers.
(vi) The Bureau of Reclamation.
(3) Availability.--The inventories shall be made
available to the Secretary.
(4) Updates.--The Secretaries of the appropriate
Federal land management agencies shall update the
inventories of the appropriate Federal land management
agencies, as determined by the Secretary after
collaborative discussions with the Secretaries of the
appropriate Federal land management agencies.
(5) Review.--A decision to add or remove a facility
from the inventory shall not be considered a Federal
action for purposes of review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) Bicycle Safety.--The Secretary of the appropriate Federal
land management agency shall prohibit the use of bicycles on
each federally owned road that has a speed limit of 30 miles
per hour or greater and an adjacent paved path for use by
bicycles within 100 yards of the road unless the Secretary
determines that the bicycle level of service on that roadway is
rated B or higher.
* * * * * * *
SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.
(a) Establishment.--Subject to the requirements of this
section, the Secretary shall establish and carry out a program
to be known as the tribal transportation self-governance
program. The Secretary may delegate responsibilities for
administration of the program as the Secretary determines
appropriate.
(b) Eligibility.--
(1) In general.--Subject to paragraphs (2) and (3),
an Indian tribe shall be eligible to participate in the
program if the Indian tribe requests participation in
the program by resolution or other official action by
the governing body of the Indian tribe, and
demonstrates, for the preceding 3 fiscal years,
financial stability and financial management
capability, and transportation program management
capability.
(2) Criteria for determining financial stability and
financial management capacity.--For the purposes of
paragraph (1), evidence that, during the preceding 3
fiscal years, an Indian tribe had no uncorrected
significant and material audit exceptions in the
required annual audit of the Indian tribe's self-
determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive
evidence of the required financial stability and
financial management capability.
(3) Criteria for determining transportation program
management capability.--The Secretary shall require an
Indian tribe to demonstrate transportation program
management capability, including the capability to
manage and complete projects eligible under this title
and projects eligible under chapter 53 of title 49, to
gain eligibility for the program.
(c) Compacts.--
(1) Compact required.--Upon the request of an
eligible Indian tribe, and subject to the requirements
of this section, the Secretary shall negotiate and
enter into a written compact with the Indian tribe for
the purpose of providing for the participation of the
Indian tribe in the program.
(2) Contents.--A compact entered into under paragraph
(1) shall set forth the general terms of the
government-to-government relationship between the
Indian tribe and the United States under the program
and other terms that will continue to apply in future
fiscal years.
(3) Amendments.--A compact entered into with an
Indian tribe under paragraph (1) may be amended only by
mutual agreement of the Indian tribe and the Secretary.
(d) Annual Funding Agreements.--
(1) Funding agreement required.--After entering into
a compact with an Indian tribe under subsection (c),
the Secretary shall negotiate and enter into a written
annual funding agreement with the Indian tribe.
(2) Contents.--
(A) In general.--
(i) Formula funding and discretionary
grants.--A funding agreement entered
into with an Indian tribe shall
authorize the Indian tribe, as
determined by the Indian tribe, to
plan, conduct, consolidate, administer,
and receive full tribal share funding,
tribal transit formula funding, and
funding to tribes from discretionary
and competitive grants administered by
the Department for all programs,
services, functions, and activities (or
portions thereof) that are made
available to Indian tribes to carry out
tribal transportation programs and
programs, services, functions, and
activities (or portions thereof)
administered by the Secretary that are
otherwise available to Indian tribes.
(ii) Transfers of state funds.--
(I) Inclusion of transferred
funds in funding agreement.--A
funding agreement entered into
with an Indian tribe shall
include Federal-aid funds
apportioned to a State under
chapter 1 if the State elects
to provide a portion of such
funds to the Indian tribe for a
project eligible under section
202(a).
(II) Method for transfers.--
If a State elects to provide
funds described in subclause
(I) to an Indian tribe, the
State shall transfer the funds
back to the Secretary and the
Secretary shall transfer the
funds to the Indian tribe in
accordance with this section.
(III) Responsibility for
transferred funds.--
Notwithstanding any other
provision of law, if a State
provides funds described in
subclause (I) to an Indian
tribe--
(aa) the State shall
not be responsible for
constructing or
maintaining a project
carried out using the
funds or for
administering or
supervising the project
or funds during the
applicable statute of
limitations period
related to the
construction of the
project; and
(bb) the Indian tribe
shall be responsible
for constructing and
maintaining a project
carried out using the
funds and for
administering and
supervising the project
and funds in accordance
with this section
during the applicable
statute of limitations
period related to the
construction of the
project.
(B) Administration of tribal shares.--The
tribal shares referred to in subparagraph (A)
shall be provided without regard to the agency
or office of the Department within which the
program, service, function, or activity (or
portion thereof) is performed.
(C) Flexible and innovative financing.--
(i) In general.--A funding agreement
entered into with an Indian tribe under
paragraph (1) shall include provisions
pertaining to flexible and innovative
financing if agreed upon by the
parties.
(ii) Terms and conditions.--
(I) Authority to issue
regulations.--The Secretary may
issue regulations to establish
the terms and conditions
relating to the flexible and
innovative financing provisions
referred to in clause (i).
(II) Terms and conditions in
absence of regulations.--If the
Secretary does not issue
regulations under subclause
(I), the terms and conditions
relating to the flexible and
innovative financing provisions
referred to in clause (i) shall
be consistent with--
(aa) agreements
entered into by the
Department under--
(AA) section
202(b)(7); and
(BB) section
202(d)(5), as
in effect
before the date
of enactment of
MAP-21 (Public
Law 112-141);
or
(bb) regulations of
the Department of the
Interior relating to
flexible financing
contained in part 170
of title 25, Code of
Federal Regulations, as
in effect on the date
of enactment of the
Surface Transportation
Reauthorization and
Reform Act of 2015.
(3) Terms.--A funding agreement shall set forth--
(A) terms that generally identify the
programs, services, functions, and activities
(or portions thereof) to be performed or
administered by the Indian tribe; and
(B) for items identified in subparagraph
(A)--
(i) the general budget category
assigned;
(ii) the funds to be provided,
including those funds to be provided on
a recurring basis;
(iii) the time and method of transfer
of the funds;
(iv) the responsibilities of the
Secretary and the Indian tribe; and
(v) any other provision agreed to by
the Indian tribe and the Secretary.
(4) Subsequent funding agreements.--
(A) Applicability of existing agreement.--
Absent notification from an Indian tribe that
the Indian tribe is withdrawing from or
retroceding the operation of 1 or more
programs, services, functions, or activities
(or portions thereof) identified in a funding
agreement, or unless otherwise agreed to by the
parties, each funding agreement shall remain in
full force and effect until a subsequent
funding agreement is executed.
(B) Effective date of subsequent agreement.--
The terms of the subsequent funding agreement
shall be retroactive to the end of the term of
the preceding funding agreement.
(5) Consent of indian tribe required.--The Secretary
shall not revise, amend, or require additional terms in
a new or subsequent funding agreement without the
consent of the Indian tribe that is subject to the
agreement unless such terms are required by Federal
law.
(e) General Provisions.--
(1) Redesign and consolidation.--
(A) In general.--An Indian tribe, in any
manner that the Indian tribe considers to be in
the best interest of the Indian community being
served, may--
(i) redesign or consolidate programs,
services, functions, and activities (or
portions thereof) included in a funding
agreement; and
(ii) reallocate or redirect funds for
such programs, services, functions, and
activities (or portions thereof), if
the funds are--
(I) expended on projects
identified in a transportation
improvement program approved by
the Secretary; and
(II) used in accordance with
the requirements in--
(aa) appropriations
Acts;
(bb) this title and
chapter 53 of title 49;
and
(cc) any other
applicable law.
(B) Exception.--Notwithstanding subparagraph
(A), if, pursuant to subsection (d), an Indian
tribe receives a discretionary or competitive
grant from the Secretary or receives State
apportioned funds, the Indian tribe shall use
the funds for the purpose for which the funds
were originally authorized.
(2) Retrocession.--
(A) In general.--
(i) Authority of indian tribes.--An
Indian tribe may retrocede (fully or
partially) to the Secretary programs,
services, functions, or activities (or
portions thereof) included in a compact
or funding agreement.
(ii) Reassumption of remaining
funds.--Following a retrocession
described in clause (i), the Secretary
may--
(I) reassume the remaining
funding associated with the
retroceded programs, functions,
services, and activities (or
portions thereof) included in
the applicable compact or
funding agreement;
(II) out of such remaining
funds, transfer funds
associated with Department of
Interior programs, services,
functions, or activities (or
portions thereof) to the
Secretary of the Interior to
carry out transportation
services provided by the
Secretary of the Interior; and
(III) distribute funds not
transferred under subclause
(II) in accordance with
applicable law.
(iii) Correction of programs.--If the
Secretary makes a finding under
subsection (f)(2)(B) and no funds are
available under subsection
(f)(2)(A)(ii), the Secretary shall not
be required to provide additional funds
to complete or correct any programs,
functions, services, or activities (or
portions thereof).
(B) Effective date.--Unless the Indian tribe
rescinds a request for retrocession, the
retrocession shall become effective within the
timeframe specified by the parties in the
compact or funding agreement. In the absence of
such a specification, the retrocession shall
become effective on--
(i) the earlier of--
(I) 1 year after the date of
submission of the request; or
(II) the date on which the
funding agreement expires; or
(ii) such date as may be mutually
agreed upon by the parties and, with
respect to Department of the Interior
programs, functions, services, and
activities (or portions thereof), the
Secretary of the Interior.
(f) Provisions Relating to Secretary.--
(1) Decisionmaker.--A decision that relates to an
appeal of the rejection of a final offer by the
Department shall be made either--
(A) by an official of the Department who
holds a position at a higher organizational
level within the Department than the level of
the departmental agency in which the decision
that is the subject of the appeal was made; or
(B) by an administrative judge.
(2) Termination of compact or funding agreement.--
(A) Authority to terminate.--
(i) Provision to be included in
compact or funding agreement.--A
compact or funding agreement shall
include a provision authorizing the
Secretary, if the Secretary makes a
finding described in subparagraph (B),
to--
(I) terminate the compact or
funding agreement (or a portion
thereof); and
(II) reassume the remaining
funding associated with the
reassumed programs, functions,
services, and activities
included in the compact or
funding agreement.
(ii) Transfers of funds.--Out of any
funds reassumed under clause (i)(II),
the Secretary may transfer the funds
associated with Department of the
Interior programs, functions, services,
and activities (or portions thereof) to
the Secretary of the Interior to
provide continued transportation
services in accordance with applicable
law.
(B) Findings resulting in termination.--The
finding referred to in subparagraph (A) is a
specific finding of--
(i) imminent jeopardy to a trust
asset, natural resources, or public
health and safety that is caused by an
act or omission of the Indian tribe and
that arises out of a failure to carry
out the compact or funding agreement,
as determined by the Secretary; or
(ii) gross mismanagement with respect
to funds or programs transferred to the
Indian tribe under the compact or
funding agreement, as determined by the
Secretary in consultation with the
Inspector General of the Department, as
appropriate.
(C) Prohibition.--The Secretary shall not
terminate a compact or funding agreement (or
portion thereof) unless--
(i) the Secretary has first provided
written notice and a hearing on the
record to the Indian tribe that is
subject to the compact or funding
agreement; and
(ii) the Indian tribe has not taken
corrective action to remedy the
mismanagement of funds or programs or
the imminent jeopardy to a trust asset,
natural resource, or public health and
safety.
(D) Exception.--
(i) In general.--Notwithstanding
subparagraph (C), the Secretary, upon
written notification to an Indian tribe
that is subject to a compact or funding
agreement, may immediately terminate
the compact or funding agreement (or
portion thereof) if--
(I) the Secretary makes a
finding of imminent substantial
and irreparable jeopardy to a
trust asset, natural resource,
or public health and safety;
and
(II) the jeopardy arises out
of a failure to carry out the
compact or funding agreement.
(ii) Hearings.--If the Secretary
terminates a compact or funding
agreement (or portion thereof) under
clause (i), the Secretary shall provide
the Indian tribe subject to the compact
or agreement with a hearing on the
record not later than 10 days after the
date of such termination.
(E) Burden of proof.--In any hearing or
appeal involving a decision to terminate a
compact or funding agreement (or portion
thereof) under this paragraph, the Secretary
shall have the burden of proof in demonstrating
by clear and convincing evidence the validity
of the grounds for the termination.
(g) Cost Principles.--In administering funds received under
this section, an Indian tribe shall apply cost principles under
the applicable Office of Management and Budget circular, except
as modified by section 450j-1 of title 25, 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 450j-1(f) of title 25.
(h) Transfer of Funds.--The Secretary shall provide funds to
an Indian tribe under a funding agreement in an amount equal
to--
(1) the sum of the funding that the Indian tribe
would otherwise receive for the program, function,
service, or activity in accordance with a funding
formula or other allocation method established under
this title or chapter 53 of title 49; and
(2) such additional amounts as the Secretary
determines equal the amounts that would have been
withheld for the costs of the Bureau of Indian Affairs
for administration of the program or project.
(i) Construction Programs.--
(1) Standards.--Construction projects carried out
under programs administered by an Indian tribe with
funds transferred to the Indian tribe pursuant to a
funding agreement entered into under this section shall
be constructed pursuant to the construction program
standards set forth in applicable regulations or as
specifically approved by the Secretary (or the
Secretary's designee).
(2) Monitoring.--Construction programs shall be
monitored by the Secretary in accordance with
applicable regulations.
(j) Facilitation.--
(1) Secretarial interpretation.--Except as otherwise
provided by law, the Secretary shall interpret all
Federal laws, Executive orders, and regulations in a
manner that will facilitate--
(A) the inclusion of programs, services,
functions, and activities (or portions thereof)
and funds associated therewith, in compacts and
funding agreements; and
(B) the implementation of the compacts and
funding agreements.
(2) Regulation waiver.--
(A) In general.--An Indian tribe may submit
to the Secretary a written request to waive
application of a regulation promulgated under
this section with respect to a compact or
funding agreement. The request shall identify
the regulation sought to be waived and the
basis for the request.
(B) Approvals and denials.--
(i) In general.--Not later than 90
days after the date of receipt of a
written request under subparagraph (A),
the Secretary shall approve or deny the
request in writing.
(ii) Review.--The Secretary shall
review any application by an Indian
tribe for a waiver bearing in mind
increasing opportunities for using
flexible policy approaches at the
Indian tribal level.
(iii) Deemed approval.--If the
Secretary does not approve or deny a
request submitted under subparagraph
(A) on or before the last day of the
90-day period referred to in clause
(i), the request shall be deemed
approved.
(iv) Denials.--If the application for
a waiver is not granted, the agency
shall provide the applicant with the
reasons for the denial as part of the
written response required in clause
(i).
(v) Finality of decisions.--A
decision by the Secretary under this
subparagraph shall be final for the
Department.
(k) Disclaimers.--
(1) Existing authority.--Notwithstanding any other
provision of law, upon the election of an Indian tribe,
the Secretary shall--
(A) maintain current tribal transportation
program funding agreements and program
agreements; or
(B) enter into new agreements under the
authority of section 202(b)(7).
(2) Limitation on statutory construction.--Nothing in
this section may be construed to impair or diminish the
authority of the Secretary under section 202(b)(7).
(l) Applicability of Indian Self-determination and Education
Assistance Act.--Except to the extent in conflict with this
section (as determined by the Secretary), the following
provisions of the Indian Self-Determination and Education
Assistance Act shall apply to compact and funding agreements
(except that any reference to the Secretary of the Interior or
the Secretary of Health and Human Services in such provisions
shall be treated as a reference to the Secretary of
Transportation):
(1) Subsections (a), (b), (d), (g), and (h) of
section 506 of such Act (25 U.S.C. 458aaa-5), relating
to general provisions.
(2) Subsections (b) through (e) and (g) of section
507 of such Act (25 U.S.C.458aaa-6), relating to
provisions relating to the Secretary of Health and
Human Services.
(3) Subsections (a), (b), (d), (e), (g), (h), (i),
and (k) of section 508 of such Act (25 U.S.C. 458aaa-
7), relating to transfer of funds.
(4) Section 510 of such Act (25 U.S.C. 458aaa-9),
relating to Federal procurement laws and regulations.
(5) Section 511 of such Act (25 U.S.C. 458aaa-10),
relating to civil actions.
(6) Subsections (a)(1), (a)(2), and (c) through (f)
of section 512 of such Act (25 U.S.C. 458aaa-11),
relating to facilitation, except that subsection (c)(1)
of that section shall be applied by substituting
``transportation facilities and other facilities'' for
``school buildings, hospitals, and other facilities''.
(7) Subsections (a) and (b) of section 515 of such
Act (25 U.S.C. 458aaa-14), relating to disclaimers.
(8) Subsections (a) and (b) of section 516 of such
Act (25 U.S.C. 458aaa-15), relating to application of
title I provisions.
(9) Section 518 of such Act (25 U.S.C. 458aaa-17),
relating to appeals.
(m) Definitions.--
(1) In general.--In this section, the following
definitions apply (except as otherwise expressly
provided):
(A) Compact.--The term ``compact'' means a
compact between the Secretary and an Indian
tribe entered into under subsection (c).
(B) Department.--The term ``Department''
means the Department of Transportation.
(C) Eligible indian tribe.--The term
``eligible Indian tribe'' means an Indian tribe
that is eligible to participate in the program,
as determined under subsection (b).
(D) Funding agreement.--The term ``funding
agreement'' means a funding agreement between
the Secretary and an Indian tribe entered into
under subsection (d).
(E) Indian tribe.--The term ``Indian tribe''
means any Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist
as an Indian tribe under the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a). 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 part, 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 part shall include such
other authorized Indian tribe, intertribal
consortium, or tribal organization.
(F) Program.--The term ``program'' means the
tribal transportation self-governance program
established under this section.
(G) Secretary.--The term ``Secretary'' means
the Secretary of Transportation.
(H) Transportation programs.--The term
``transportation programs'' means all programs
administered or financed by the Department
under this title and chapter 53 of title 49.
(2) Applicability of other definitions.--In this
section, the definitions set forth in sections 4 and
505 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b; 458aaa) apply, except
as otherwise expressly provided in this section.
(n) Regulations.--
(1) In general.--
(A) Promulgation.--Not later than 90 days
after the date of enactment of the Surface
Transportation Reauthorization and Reform Act
of 2015, 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 paragraph (1)
shall expire 30 months after such date of
enactment.
(D) Extension of deadlines.--A deadline set
forth in paragraph (1)(B) or (1)(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.
* * * * * * *
[Sec. 213. Transportation alternatives
[(a) Reservation of Funds.--
[(1) In general.--On October 1 of each of fiscal
years 2013 and 2014, the Secretary shall proportionally
reserve from the funds apportioned to a State under
section 104(b) to carry out the requirements of this
section an amount equal to the amount obtained by
multiplying the amount determined under paragraph (2)
by the ratio that--
[(A) 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 the MAP-21; bears to
[(B) the total amount of funds apportioned to
all States for that fiscal year for the
transportation enhancements program for fiscal
year 2009.
[(2) Calculation of national amount.--The Secretary
shall determine an amount for each fiscal year that is
equal to 2 percent of the amounts authorized to be
appropriated for such fiscal year from the Highway
Trust Fund (other than the Mass Transit Account) to
carry out chapters 1, 2, 5, and 6 of this title.
[(b) Eligible Projects.--A State may obligate the funds
reserved under this section for any of the following projects
or activities:
[(1) Transportation alternatives, as defined in
section 101.
[(2) The recreational trails program under section
206.
[(3) The safe routes to school program under section
1404 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law
109-59).
[(4) Planning, designing, or constructing boulevards
and other roadways largely in the right-of-way of
former Interstate System routes or other divided
highways.
[(c) Allocations of Funds.--
[(1) Calculation.--Of the funds reserved in a State
under this section--
[(A) 50 percent for a fiscal year shall be
obligated under this section to any eligible
entity 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) 50 percent shall 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) Distribution among urbanized areas of over
200,000 population.--
[(A) In general.--Except as provided in
paragraph (1)(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.--A 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.
[(4) Access to funds.--
[(A) In general.--Each State or metropolitan
planning organization required to obligate
funds in accordance with paragraph (1) shall
develop a competitive process to allow eligible
entities to submit projects for funding that
achieve the objectives of this subsection.
[(B) Definition of eligible entity.--In this
paragraph, the term ``eligible entity'' means--
[(i) a local government;
[(ii) a regional transportation
authority;
[(iii) a transit agency;
[(iv) a natural resource or public
land agency;
[(v) a school district, local
education agency, or school;
[(vi) a tribal government; and
[(vii) any other local or regional
governmental entity with responsibility
for or oversight of transportation or
recreational trails (other than a
metropolitan planning organization or a
State agency) that the State determines
to be eligible, consistent with the
goals of this subsection.
[(5) Selection of projects.--For funds reserved in a
State under this section and suballocated to a
metropolitan planning area under paragraph (1)(A)(i),
each such metropolitan planning organization shall
select projects carried out within the boundaries of
the applicable metropolitan planning area, in
consultation with the relevant State.
[(d) Flexibility of Excess Reserved Funding.--Beginning in
the second fiscal year after the date of enactment of the MAP-
21, if on August 1 of that fiscal year the unobligated balance
of available funds reserved by a State under this section
exceeds 100 percent of such reserved amount in such fiscal
year, the State may thereafter obligate the amount of excess
funds for any activity--
[(1) that is eligible to receive funding under this
section; or
[(2) for which the Secretary has approved the
obligation of funds for any State under section 149.
[(e) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section (excluding
those carried out under subsection (f)) shall be treated as
projects on a Federal-aid highway under this chapter.
[(f) Continuation of Certain Recreational Trails Projects.--
Each State shall--
[(1) 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)
for projects relating to recreational trails under
section 206;
[(2) return 1 percent of those funds to the Secretary
for the administration of that program; and
[(3) comply with the provisions of the administration
of the recreational trails program under section 206,
including the use of apportioned funds described under
subsection (d)(3)(A) of that section.
[(g) State Flexibility.--A State may opt out of the
recreational trails program under subsection (f) if the
Governor of the State notifies the Secretary not later than 30
days prior to apportionments being made for any fiscal year.]
* * * * * * *
CHAPTER 3--GENERAL PROVISIONS
Sec.
301. Freedom from tolls.
* * * * * * *
330. Program for eliminating duplication of environmental reviews.
* * * * * * *
Sec. 319. Landscaping and scenic enhancement
(a) Landscape and Roadside Development.--The Secretary may
approve as a part of the construction of Federal-aid highways
the costs of landscape and roadside development, including
acquisition and development of publicly owned and controlled
rest and recreation areas and sanitary and other facilities
reasonably necessary to accommodate the traveling public, and
for acquisition of interests in and improvement of strips of
land necessary for the restoration, preservation, and
enhancement of scenic beauty (including the enhancement of
habitat and forage for pollinators) adjacent to such highways.
(b) Planting of Wildflowers.--
(1) General rule.--The Secretary shall require the
planting of native wildflower seeds or seedlings, or
both, as part of any landscaping project under this
section. At least 1/4 of 1 percent of the funds
expended for such landscaping project shall be used for
such plantings.
(2) Waiver.--The requirements of this subsection may
be waived by the Secretary if a State certifies that
native wildflowers or seedlings cannot be grown
satisfactorily or planting areas are limited or
otherwise used for agricultural purposes.
(3) Gifts.--Nothing in this subsection shall be
construed to prohibit the acceptance of native
wildflower seeds or seedlings donated by civic
organizations or other organizations and individuals to
be used in landscaping projects.
(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.
* * * * * * *
Sec. 322. Magnetic levitation transportation technology deployment
program
(a) Definitions.--In this section, the following definitions
apply:
(1) Eligible project costs.--The term ``eligible
project costs''--
(A) means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads, and
storage, repair, and maintenance facilities,
but not including costs incurred for a new
station; and
(B) includes the costs of preconstruction
planning activities.
(2) Full project costs.--The term ``full project
costs'' means the total capital costs of a MAGLEV
project, including eligible project costs and the costs
of stations, vehicles, and equipment.
(3) MAGLEV.--The term ``MAGLEV'' means transportation
systems employing magnetic levitation that would be
capable of safe use by the public at a speed in excess
of 240 miles per hour.
(4) Partnership potential.--The term ``partnership
potential'' has the meaning given the term in the
commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
(b) Financial Assistance.--
(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full
project costs of eligible projects selected under this
section. Financial assistance made available under this
section and projects assisted with the assistance shall
be subject to section 5333(a) of title 49, United
States Code.
(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than 2/3.
(3) Use of assistance.--Financial assistance provided
under paragraph (1) shall be used only to pay eligible
project costs of projects selected under this section.
(c) Solicitation of Applications for Assistance.--Not later
than 180 days after the date of enactment of this subsection,
the Secretary shall solicit applications from States, or
authorities designated by 1 or more States, for financial
assistance authorized by subsection (b) for planning, design,
and construction of eligible MAGLEV projects.
(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
(1) involve a segment or segments of a high-speed
ground transportation corridor that exhibit partnership
potential;
(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
(A) the amounts made available under
subsection (h)(1); and
(B) the amounts made available by States
under subsection (h)(3);
(3) result in an operating transportation facility
that provides a revenue producing service;
(4) be undertaken through a public and private
partnership, with at least 1/3 of full project costs
paid using non-Federal funds;
(5) satisfy applicable statewide and metropolitan
planning requirements;
(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried
out as a technology transfer project; and
(8) be carried out using materials at least 70
percent of which are manufactured in the United States.
(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The criteria
shall include the extent to which--
(1) a project is nationally significant, including
the extent to which the project will demonstrate the
feasibility of deployment of MAGLEV technology
throughout the United States;
(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce
the need for additional highway or airport
construction;
(3) States, regions, and localities financially
contribute to the project;
(4) implementation of the project will create new
jobs in traditional and emerging industries;
(5) the project will augment MAGLEV networks
identified as having partnership potential;
(6) financial assistance would foster public and
private partnerships for infrastructure development and
attract private debt or equity investment;
(7) financial assistance would foster the timely
implementation of a project; and
(8) life-cycle costs in design and engineering are
considered and enhanced.
(f) Project Selection.--
(1) Preconstruction planning activities.--Not later
than 90 days after a deadline established by the
Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or
more eligible projects to receive financial assistance
for preconstruction planning activities, including--
(A) preparation of such feasibility studies,
major investment studies, and environmental
impact statements and assessments as are
required under State law;
(B) pricing of the final design, engineering,
and construction activities proposed to be
assisted under paragraph (2); and
(C) such other activities as are necessary to
provide the Secretary with sufficient
information to evaluate whether a project
should receive financial assistance for final
design, engineering, and construction
activities under paragraph (2).
(2) Final design, engineering, and construction
activities.--After completion of preconstruction
planning activities for all projects assisted under
paragraph (1), the Secretary shall select 1 of the
projects to receive financial assistance for final
design, engineering, and construction activities.
(g) Joint Ventures.--A project undertaken by a joint venture
of United States and non-United States persons (including a
project involving the deployment of non-United States MAGLEV
technology in the United States) shall be eligible for
financial assistance under this section if the project is
eligible under subsection (d) and selected under subsection
(f).
(h) Funding.--
(1) In general.--
(A) Contract authority; authorization of
appropriations.--
(i) In general.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out this section
$15,000,000 for fiscal year 1999,
$20,000,000 for fiscal year 2000, and
$25,000,000 for fiscal year 2001.
(ii) Contract authority.--Funds
authorized by this subparagraph shall
be available for obligation in the same
manner as if the funds were apportioned
under chapter 1, except that--
(I) the Federal share of the
cost of a project carried out
under this section shall be
determined in accordance with
subsection (b); and
(II) the availability of the
funds shall be determined in
accordance with paragraph (2).
(B) Noncontract authority authorization of
appropriations.--
(i) In general.--There are authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out this section
(other than subsection (i))
$200,000,000 for each of fiscal years
2000 and 2001, $250,000,000 for fiscal
year 2002, and $300,000,000 for fiscal
year 2003.
(ii) Availability.--Notwithstanding
section 118(a), funds made available
under clause (i) shall not be available
in advance of an annual appropriation.
(2) Availability of funds.--Funds made available
under paragraph (1) shall remain available until
expended.
(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to
carry out the [surface transportation program] surface
transportation block grant program under section 133
and the congestion mitigation and air quality
improvement program under section 149 may be used by
the State to pay a portion of the full project costs of
an eligible project selected under this section,
without requirement for non-Federal funds.
(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under
this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of credit.
(i) Low-Speed Project.--
(1) In general.--Notwithstanding any other provision
of this section, of the funds made available by
subsection (h)(1)(A) to carry out this section,
$5,000,000 shall be made available to the Secretary to
make grants for the research and development of low-
speed superconductivity magnetic levitation technology
for public transportation purposes in urban areas to
demonstrate energy efficiency, congestion mitigation,
and safety benefits.
(2) Noncontract authority authorization of
appropriations.--
(A) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out
this subsection such sums as are necessary for
each of fiscal years 2000 through 2003.
(B) Availability.--Notwithstanding section
118(a), funds made available under subparagraph
(A)--
(i) shall not be available in advance
of an annual appropriation; and
(ii) shall remain available until
expended.
* * * * * * *
Sec. 327. Surface transportation project delivery program
(a) Establishment.--
(1) In general.--The Secretary shall carry out a
surface transportation project delivery program
(referred to in this section as the ``program'').
(2) Assumption of responsibility.--
(A) In general.--Subject to the other
provisions of this section, with the written
agreement of the Secretary and a State, which
may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the responsibilities of
the Secretary with respect to one or more
highway projects within the State under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Additional responsibility.--If a State
assumes responsibility under subparagraph (A)--
(i) the Secretary may assign to the
State, and the State may assume, all or
part of the responsibilities of the
Secretary for environmental review,
consultation, or other action required
under any Federal environmental law
pertaining to the review or approval of
a specific project;
(ii) at the request of the State, the
Secretary may also assign to the State,
and the State may assume, the
responsibilities of the Secretary with
respect to 1 or more railroad, public
transportation, or multimodal projects
within the State under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(iii) in a State that has assumed the
responsibilities of the Secretary under
clause (ii), a recipient of assistance
under chapter 53 of title 49 may
request that the Secretary maintain the
responsibilities of the Secretary with
respect to 1 or more public
transportation projects within the
State under the National Environmental
Policy Act of 1969 [(42 U.S.C. 13 4321
et seq.)] (42 U.S.C. 4321 et seq.); but
(iv) the Secretary may not assign--
(I) any responsibility
imposed on the Secretary by
section 134 or 135 or section
5303 or 5304 of title 49; or
(II) responsibility for any
conformity determination
required under section 176 of
the Clean Air Act (42 U.S.C.
7506).
(C) Procedural and substantive
requirements.--A State shall assume
responsibility under this section subject to
the same procedural and substantive
requirements as would apply if that
responsibility were carried out by the
Secretary.
(D) Federal responsibility.--Any
responsibility of the Secretary not explicitly
assumed by the State by written agreement under
this section shall remain the responsibility of
the Secretary.
(E) No effect on authority.--Nothing in this
section preempts or interferes with any power,
jurisdiction, responsibility, or authority of
an agency, other than the Department of
Transportation, under applicable law (including
regulations) with respect to a project.
(F) Preservation of flexibility.--The
Secretary may not require a State, as a
condition of participation in the program, to
forego project delivery methods that are
otherwise permissible for projects.
(G) Legal fees.--A State assuming the
responsibilities of the Secretary under this
section for a specific project may use funds
apportioned to the State under section
104(b)(2) for attorneys' fees directly
attributable to eligible activities associated
with the project.
(b) State Participation.--
(1) Participating States.--All States are eligible to
participate in the program.
(2) Application.--Not later than 270 days after the
date on which amendments to this section by the MAP-21
take effect, the Secretary shall amend, as appropriate,
regulations that establish requirements relating to
information required to be contained in any application
of a State to participate in the program, including, at
a minimum--
(A) the projects or classes of projects for
which the State anticipates exercising the
authority that may be granted under the
program;
(B) verification of the financial resources
necessary to carry out the authority that may
be granted under the program; and
(C) evidence of the notice and solicitation
of public comment by the State relating to
participation of the State in the program,
including copies of comments received from that
solicitation.
(3) Public notice.--
(A) In general.--Each State that submits an
application under this subsection shall give
notice of the intent of the State to
participate in the program not later than 30
days before the date of submission of the
application.
(B) Method of notice and solicitation.--The
State shall provide notice and solicit public
comment under this paragraph by publishing the
complete application of the State in accordance
with the appropriate public notice law of the
State.
(4) Selection criteria.--The Secretary may approve
the application of a State under this section only if--
(A) the regulatory requirements under
paragraph (2) have been met;
(B) the Secretary determines that the State
has the capability, including financial and
personnel, to assume the responsibility; and
(C) the head of the State agency having
primary jurisdiction over highway matters
enters into a written agreement with the
Secretary described in subsection (c).
(5) Other Federal agency views.--If a State applies
to assume a responsibility of the Secretary that would
have required the Secretary to consult with another
Federal agency, the Secretary shall solicit the views
of the Federal agency before approving the application.
(c) Written Agreement.--A written agreement under this
section shall--
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged
with responsibility for highway construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
(B) expressly consents, on behalf of the
State, to accept the jurisdiction of the
Federal courts for the compliance, discharge,
and enforcement of any responsibility of the
Secretary assumed by the State;
(C) certifies that State laws (including
regulations) are in effect that--
(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
(ii) 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
(D) agrees to maintain the financial
resources necessary to carry out the
responsibilities being assumed;
(4) require 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;
(5) have a term of not more than 5 years; and
(6) be renewable.
(d) Jurisdiction.--
(1) In general.--The United States district courts
shall have exclusive jurisdiction over any civil action
against a State for failure to carry out any
responsibility of the State under this section.
(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal
standards and requirements that would apply in such a
civil action against the Secretary had the Secretary
taken the actions in question.
(3) Intervention.--The Secretary shall have the right
to intervene in any action described in paragraph (1).
(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of and
without further approval of the Secretary, the responsibilities
assumed under subsection (a)(2), until the program is
terminated as provided in subsection (j).
(f) Limitations on Agreements.--Nothing in this section
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
(g) Audits.--
[(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
conduct--
[(A) semiannual audits during each of the
first 2 years of State participation; and
[(B) annual audits during each of the third
and fourth years of State participation.]
(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 6 months after execution
of the agreement, meet with the State to review
implementation of the agreement and discuss
plans for the first annual audit;
(B) conduct annual audits during each of the
first 4 years of State participation; and
(C) ensure that the time period for
completing an annual audit, from initiation to
completion (including public comment and
responses to those comments), does not exceed
180 days.
(2) Public availability and comment.--
(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public
for comment.
(B) Response.--Not later than 60 days after
the date on which the period for public comment
ends, the Secretary shall respond to public
comments received under subparagraph (A).
(3) Audit team.--An audit conducted under paragraph
(1) shall be carried out by an audit team determined by
the Secretary, in consultation with the State. Such
consultation shall include a reasonable opportunity for
the State to review and provide comments on the
proposed members of the audit team.
(h) Monitoring.--After the fourth year of the participation
of a State in the program, the Secretary shall monitor
compliance by the State with the written agreement, including
the provision by the State of financial resources to carry out
the written agreement.
(i) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration of
the program.
(j) Termination.--
(1) Termination by the 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) notification of the determination
of noncompliance; and
(ii) a period of at least 30 days
during which to take such corrective
action as the Secretary determines is
necessary to comply with the applicable
agreement; and
(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by the Secretary.
(2) Termination by the State.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice by
not later than the date that is 90 days before the date
of termination, and subject to such terms and
conditions as the Secretary may provide.
(k) Capacity Building.--The Secretary, in cooperation with
representatives of State officials, may carry out education,
training, peer-exchange, and other initiatives as appropriate--
(1) to assist States in developing the capacity to
participate in the assignment program under this
section; and
(2) to promote information sharing and collaboration
among States that are participating in the assignment
program under this section.
(l) Relationship to Locally Administered Projects.--A State
granted authority under this section may, as appropriate and at
the request of a local government--
(1) exercise such authority on behalf of the local
government for a locally administered project; or
(2) provide guidance and training on consolidating
and minimizing the documentation and environmental
analyses necessary for sponsors of a locally
administered project to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any comparable requirements under State law.
* * * * * * *
Sec. 329. Eligibility for control of noxious weeds and aquatic noxious
weeds and establishment of native species
(a) In General.--In accordance with all applicable Federal
law (including regulations), funds made available to carry out
this section may be used for the following activities if such
activities are related to transportation projects funded under
this title:
(1) Establishment of plants selected by State and
local transportation authorities to perform one or more
of the following functions: abatement of stormwater
runoff, stabilization of soil, provision of habitat,
forage, and migratory way stations for Monarch
butterflies, other native pollinators, and honey bees,
and aesthetic enhancement.
(2) Management of plants which impair or impede the
establishment, maintenance, or safe use of a
transportation system.
(b) Included Activities.--The establishment and management
under subsection (a)(1) and (a)(2) may include--
(1) right-of-way surveys to determine management
requirements to control Federal or State noxious weeds
as defined in the Plant Protection Act (7 U.S.C. 7701
et seq.) or State law, and brush or tree species,
whether native or nonnative, that may be considered by
State or local transportation authorities to be a
threat with respect to the safety or maintenance of
transportation systems;
(2) establishment of plants, whether native or
nonnative with a preference for native to the maximum
extent possible, for the purposes defined in subsection
(a)(1);
(3) control or elimination of plants as defined in
subsection (a)(2);
(4) elimination of plants to create fuel breaks for
the prevention and control of wildfires; and
(5) training.
(c) Contributions.--
(1) In general.--Subject to paragraph (2), an
activity described in subsection (a) may be carried out
concurrently with, in advance of, or following the
construction of a project funded under this title.
(2) Condition for activities conducted in advance of
project construction.--An activity described in
subsection (a) may be carried out in advance of
construction of a project only if the activity is
carried out in accordance with all applicable
requirements of Federal law (including regulations) and
State transportation planning processes.
Sec. 330. Program for eliminating duplication of environmental reviews
(a) Establishment.--
(1) In general.--The Secretary shall establish a
pilot program to authorize States that are approved to
participate in the program to conduct environmental
reviews and make approvals for projects under State
environmental laws and regulations instead of Federal
environmental laws and regulations, 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 review and approval procedures.--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) such provisions of sections
109(h), 128, and 139 related to the
application of that Act 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;
(ii) such provisions of sections
109(h), 128, and 139 related to the
application of that Act 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;
(2) each Federal law described in subsection (a)(3)
that the State is seeking to substitute;
(3) each State law and regulation that the State
intends to substitute for such Federal law, Federal
regulation, or Executive order;
(4) an explanation of the basis for concluding that
the State law or regulation is substantially equivalent
to the Federal law 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 an application submitted under subsection
(b);
(2) approve or disapprove the application not later
than 90 days after the date of receipt of the
application; 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, determines that the laws and
regulations of the State described in the
application are substantially equivalent to the
Federal laws that the State is seeking to
substitute;
(B) the Secretary determines that the State
has the capacity, including financial and
personnel, to assume the responsibility; and
(C) the State has executed an agreement with
the Secretary, in accordance with section 327,
providing for environmental review,
consultation, or other action under Federal
environmental laws pertaining to the review or
approval of a specific project.
(2) Exclusion.--The National Environmental Policy Act
of 1969 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--
(A) for failure of the State to meet the
requirements of this section; or
(B) if the action involves the exercise of
authority by the State under this section and
section 327.
(2) State jurisdiction.--A State court shall have
exclusive jurisdiction over any civil action against a
State if the action involves the exercise of authority
by the State under this section not covered by
paragraph (1).
(f) Election.--At its discretion, a State participating in
the programs under this section and section 327 may elect to
apply the National Environmental Protection Act of 1969 instead
of the State's alternative environmental review and approval
procedures.
(g) Treatment of State Laws and Regulations.--To the maximum
extent practicable and consistent with Federal law, other
Federal agencies with authority over a project subject to this
section shall use documents produced by a participating State
under this section to satisfy the requirements of the National
Environmental Policy Act of 1969.
(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 10 local governments for locally
administered projects.
(2) Scope.--For up to 10 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 or the State program, or both, meets the
requirements of such Act or program.
(i) Review and Termination.--
(1) In general.--A State program approved under this
section shall at all times be in accordance with the
requirements of this section.
(2) Review.--The Secretary shall review each State
program approved under this section not less than once
every 5 years.
(3) Public notice and comment.--In conducting the
review process under paragraph (2), the Secretary shall
provide notice and an opportunity for public comment.
(4) Withdrawal of approval.--If the Secretary, in
consultation with the Chair, determines at any time
that a State is not administering a State program
approved under this section in accordance with the
requirements of this section, the Secretary shall so
notify the State, and if appropriate corrective action
is not taken within a reasonable time, not to exceed 90
days, the Secretary shall withdraw approval of the
State program.
(5) Extensions and terminations.--At the conclusion
of the review process under paragraph (2), the
Secretary may extend for an additional 5-year period or
terminate the authority of a State under this section
to substitute that State's laws and regulations for
Federal laws.
(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; and
(3) any recommendations for modifications to the
program.
(k) 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.
* * * * * * *
CHAPTER 4--HIGHWAY SAFETY
Sec.
401. Authority of the Secretary.
* * * * * * *
[404. National Highway Safety Advisory Committee.]
404. High-visibility enforcement program.
* * * * * * *
Sec. 402. Highway safety programs
(a) Program Required.--
(1) In general.--Each State shall have a highway
safety program, approved by the Secretary, that is
designed to reduce traffic accidents and the resulting
deaths, injuries, and property damage.
(2) Uniform guidelines.--Programs required under
paragraph (1) shall comply with uniform guidelines,
promulgated by the Secretary and expressed in terms of
performance criteria, that--
(A) include programs--
(i) to reduce injuries and deaths
resulting from motor vehicles being
driven in excess of posted speed
limits;
(ii) to encourage the proper use of
occupant protection devices (including
the use of safety belts and child
restraint systems) by occupants of
motor vehicles;
(iii) to reduce injuries and deaths
resulting from persons driving motor
vehicles while impaired by alcohol or a
controlled substance;
(iv) to prevent accidents and reduce
injuries and deaths resulting from
accidents involving motor vehicles and
motorcycles;
(v) to reduce injuries and deaths
resulting from accidents involving
school buses;
(vi) to reduce accidents resulting
from unsafe driving behavior (including
aggressive or fatigued driving and
distracted driving arising from the use
of electronic devices in vehicles);
[and]
(vii) to improve law enforcement
services in motor vehicle accident
prevention, traffic supervision, and
post- accident procedures; and
(viii) to increase driver awareness
of commercial motor vehicles to prevent
crashes and reduce injuries and
fatalities;
(B) improve driver performance, including--
(i) driver education;
(ii) driver testing to determine
proficiency to operate motor vehicles;
and
(iii) driver examinations (physical,
mental, and driver licensing);
(C) improve pedestrian performance and
bicycle safety;
(D) include provisions for--
(i) an effective record system of
accidents (including resulting injuries
and deaths);
(ii) accident investigations to
determine the probable causes of
accidents, injuries, and deaths;
(iii) vehicle registration,
operation, and inspection; and
(iv) emergency services; and
(E) to the extent determined appropriate by
the Secretary, are applicable to federally
administered areas where a Federal department
or agency controls the highways or supervises
traffic operations.
(b) Administration of State Programs.--
(1) Administrative requirements.--The Secretary may
not approve a State highway safety program under this
section which does not--
(A) provide that the Governor of the State
shall be responsible for the administration of
the program through a State highway safety
agency which shall have adequate powers and be
suitably equipped and organized to carry out,
to the satisfaction of the Secretary, such
program;
(B) authorize political subdivisions of the
State to carry out local highway safety
programs within their jurisdictions as a part
of the State highway safety program if such
local highway safety programs are approved by
the Governor and are in accordance with the
minimum standards established by the Secretary
under this section;
(C) except as provided in [paragraph (3)]
paragraph (2), provide that at least 40 percent
of all Federal funds apportioned under this
section to the State for any fiscal year will
be expended by the political subdivisions of
the State, including Indian tribal governments,
in carrying out local highway safety programs
authorized in accordance with subparagraph (B);
(D) provide adequate and reasonable access
for the safe and convenient movement of
individuals with disabilities, including those
in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all
pedestrian crosswalks throughout the State;
(E) beginning on the first day of the first
fiscal year after the date of enactment of the
Motor Vehicle and Highway Safety Improvement
Act of 2012 [in which] for which a State
submits its highway safety plan [under
subsection (f)] under subsection (k), provide
for a data-driven traffic safety enforcement
program to prevent traffic violations, crashes,
and crash fatalities and injuries in areas most
at risk for such incidents, to the satisfaction
of the Secretary;
(F) provide satisfactory assurances that the
State will implement activities in support of
national highway safety goals to reduce motor
vehicle related fatalities that also reflect
the primary data-related crash factors within a
State as identified by the State highway safety
planning process, including--
(i) national law enforcement
mobilizations and high-visibility law
enforcement mobilizations coordinated
by the Secretary;
(ii) sustained enforcement of
statutes addressing impaired driving,
occupant protection, and driving in
excess of posted speed limits;
(iii) an annual statewide safety belt
use survey in accordance with criteria
established by the Secretary for the
measurement of State safety belt use
rates to ensure that the measurements
are accurate and representative;
(iv) development of statewide data
systems to provide timely and effective
data analysis to support allocation of
highway safety resources; and
(v) ensuring that the State will
coordinate its highway safety plan,
data collection, and information
systems with the State strategic
highway safety plan (as defined in
section 148(a)).
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1)(C), in whole or in part, for a fiscal
year for any State whenever the Secretary determines
that there is an insufficient number of local highway
safety programs to justify the expenditure in the State
of such percentage of Federal funds during the fiscal
year.
(c) Use of Funds.--
(1) In general.--Funds authorized to be appropriated
to carry out this section shall be used to aid the
States to conduct the highway safety programs approved
in accordance with subsection (a), including
development and implementation of manpower training
programs, and of demonstration programs that the
Secretary determines will contribute directly to the
reduction of accidents, and deaths and injuries
resulting therefrom.
(2) Apportionment.--Except for amounts identified in
section 403(f), funds described in paragraph (1) shall
be apportioned 75 per centum in the ratio which the
population of each State bears to the total population
of all the States, as shown by the latest available
Federal census, and 25 per centum in the ratio which
the public road mileage in each State bears to the
total public road mileage in all States. For the
purposes of this subsection, a ``public road'' means
any road under the jurisdiction of and maintained by a
public authority and open to public travel. Public road
mileage as used in this subsection shall be determined
as of the end of the calendar year preceding the year
in which the funds are apportioned and shall be
certified to by the Governor of the State and subject
to approval by the Secretary. The annual apportionment
to each State shall not be less than three-quarters of
1 percent of the total apportionment, except that the
apportionment to the Secretary of the Interior shall
not be less than 2 percent of the total apportionment
and the apportionments to the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands shall not be less than one-quarter of 1
per centum of the total apportionment. A highway safety
program approved by the Secretary shall not include any
requirement that a State implement such a program by
adopting or enforcing any law, rule, or regulation
based on a guideline promulgated by the Secretary under
this section requiring any motorcycle operator eighteen
years of age or older or passenger eighteen years of
age or older to wear a safety helmet when operating or
riding a motorcycle on the streets and highways of that
State. Implementation of a highway safety program under
this section shall not be construed to require the
Secretary to require compliance with every uniform
guideline, or with every element of every uniform
guideline, in every State. A State may use the funds
apportioned under this section, in cooperation with
neighboring States, for highway safety programs or
related projects that may confer benefits on such
neighboring States. Funds apportioned under this
section to any State, that does not have a highway
safety program approved by the Secretary or that is not
implementing an approved program, shall be reduced by
amounts equal to not less than 20 percent of the
amounts that would otherwise be apportioned to the
State under this section, until such time as the
Secretary approves such program or determines that the
State is implementing an approved program, as
appropriate. The Secretary shall consider the gravity
of the State's failure to have or implement an approved
program in determining the amount of the reduction.
(3) Reapportionment.--The Secretary shall promptly
apportion the funds withheld from a State's
apportionment to the State if the Secretary approves
the State's highway safety program or determines that
the State has begun implementing an approved program,
as appropriate, not later than July 31st of the fiscal
year for which the funds were withheld. If the
Secretary determines that the State did not correct its
failure within such period, the Secretary shall
reapportion the withheld funds to the other States in
accordance with the formula specified in paragraph (2)
not later than the last day of the fiscal year.
(4) Automated traffic enforcement systems.--
(A) Prohibition.--A State may not expend
funds apportioned to that State under this
section to carry out a program to purchase,
operate, or maintain an automated traffic
enforcement system.
(B) Automated traffic enforcement system
defined.--In this paragraph, the term
``automated traffic enforcement system'' means
any camera which captures an image of a vehicle
for the purposes only of red light and speed
enforcement, and does not include hand held
radar and other devices operated by law
enforcement officers to make an on-the-scene
traffic stop, issue a traffic citation, or
other enforcement action at the time of the
violation.
(C) Survey.--A State shall expend funds
apportioned to that State under this section to
conduct a biennial survey that the Secretary
shall make publicly available through the
Internet 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).
(d) All provisions of chapter 1 of this title that are
applicable to National Highway System highway funds other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the highway safety funds authorized to
be appropriated to carry out this section, except as determined
by the Secretary to be inconsistent with this section, and
except that the aggregate of all expenditures made during any
fiscal year by a State and its political subdivisions
(exclusive of Federal funds) for carrying out the State highway
safety program (other than planning and administration) shall
be available for the purpose of crediting such State during
such fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project and except
that, in the case of a local highway safety program carried out
by an Indian tribe, if the Secretary is satisfied that an
Indian tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program, he may
increase the Federal share of the cost thereof payable under
this Act to the extent necessary. In applying such provisions
of chapter 1 in carrying out this section the term ``State
transportation department'' as used in such provisions shall
mean the Governor of a State for the purposes of this section.
(e) Uniform guidelines promulgated by the Secretary to carry
out this section shall be developed in cooperation with the
States, their political subdivisions, appropriate Federal
departments and agencies, and such other public and private
organizations as the Secretary deems appropriate.
(f) The Secretary may make arrangements with other Federal
departments and agencies for assistance in the preparation of
uniform guidelines for the highway safety programs contemplated
by subsection (a) and in the administration of such programs.
Such departments and agencies are directed to cooperate in such
preparation and administration, on a reimbursable basis.
[(g) Savings Provision.--
[(1) In general.--Except as provided under paragraph
(2), nothing in this section may be construed to
authorize the appropriation or expenditure of funds
for--
[(A) highway construction, maintenance, or
design (other than design of safety features of
highways to be incorporated into guidelines);
or
[(B) any purpose for which funds are
authorized under section 403.
[(2) Demonstration projects.--A State may use funds
made available to carry out this section to assist in
demonstration projects carried out by the Secretary
under section 403.]
(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).
(h) Application in Indian Country.--
(1) Use of terms.--For the purpose of application of
this section in Indian country, the terms ``State'' and
``Governor of a State'' include the Secretary of the
Interior and the term ``political subdivision of a
State'' includes an Indian tribe.
(2) Expenditures for local highway programs.--
Notwithstanding subsection (b)(1)(C), 95 percent of the
funds apportioned to the Secretary of the Interior
under this section shall be expended by Indian tribes
to carry out highway safety programs within their
jurisdictions.
(3) Access for individuals with disabilities.--The
requirements of subsection (b)(1)(D) shall be
applicable to Indian tribes, except to those tribes
with respect to which the Secretary determines that
application of such provisions would not be
practicable.
(4) Indian country defined.--In this subsection, the
term ``Indian country'' means--
(A) all land within the limits of any Indian
reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent and including rights-of-way running
through the reservation;
(B) all dependent Indian communities within
the borders of the United States, whether
within the original or subsequently acquired
territory thereof and whether within or without
the limits of a State; and
(C) all Indian allotments, the Indian titles
to which have not been extinguished, including
rights-of-way running through such allotments.
(i) Rulemaking Proceeding.--The Secretary may periodically
conduct a rulemaking process to identify highway safety
programs that are highly effective in reducing motor vehicle
crashes, injuries, and deaths. Any such rulemaking shall take
into account the major role of the States in implementing such
programs. When a rule promulgated in accordance with this
section takes effect, States shall consider these highly
effective programs when developing their highway safety
programs.
(j) Law Enforcement Vehicular Pursuit Training.--A State
shall actively encourage all relevant law enforcement agencies
in such State to follow the guidelines established for
vehicular pursuits issued by the International Association of
Chiefs of Police that are in effect on the date of enactment of
this subsection or as revised and in effect after such date as
determined by the Secretary.
(k) Highway Safety Plan and Reporting Requirements.--
(1) In general.--With respect to fiscal year 2014,
and each fiscal year thereafter, the Secretary shall
require each State, as a condition of the approval of
the State's highway safety program for that fiscal
year, to develop and submit to the Secretary for
approval a highway safety plan that complies with the
requirements under this subsection.
(2) Timing.--Each State shall submit to the Secretary
the highway safety plan not later than July 1st of the
fiscal year preceding the fiscal year to which the plan
applies.
(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.
[(3)] (4) Contents.--State highway safety plans
submitted under paragraph (1) shall include--
(A) performance measures required by the
Secretary or otherwise necessary to support
additional State safety goals, including--
(i) documentation of current safety
levels for each performance measure;
(ii) quantifiable annual performance
targets for each performance measure;
and
(iii) a justification for each
performance target, that explains why
each target is appropriate and
evidence- based;
(B) a strategy for programming funds
apportioned to the State under this section on
projects and activities that will allow the
State to meet the performance targets described
in subparagraph (A);
(C) data and data analysis supporting the
effectiveness of proposed countermeasures;
(D) a description of any Federal, State,
local, or private funds that the State plans to
use, in addition to funds apportioned to the
State under this section, to carry out the
strategy described in subparagraph (B);
(E) for the fiscal year preceding the fiscal
year to which the plan applies, a report on the
State's success in meeting State safety goals
and performance targets set forth in the
previous year's highway safety plan; and
(F) an application for any additional grants
available to the State under this chapter.
[(4)] (5) Performance measures.--For the first
highway safety plan submitted under this subsection,
the performance measures required by the Secretary
[under paragraph (2)(A)] under paragraph (3)(A) shall
be limited to those developed by the National Highway
Traffic Safety Administration and the Governor's
Highway Safety Association and described in the report,
``Traffic Safety Performance Measures for States and
Federal Agencies'' (DOT HS 811 025). For subsequent
highway safety plans, the Secretary shall coordinate
with the Governor's Highway Safety Association in
making revisions to the set of required performance
measures.
[(5)] (6) Review of highway safety plans.--
(A) In general.--Not later than 60 days after
the date on which a State's highway safety plan
is received by the Secretary, the Secretary
shall review and approve or disapprove the
plan.
(B) Approvals and disapprovals.--
(i) Approvals.--The Secretary shall
approve a State's highway safety plan
if the Secretary determines that--
(I) the plan and the
performance targets contained
in the plan are evidence-based
and supported by data; and
(II) the plan, once
implemented, will allow the
State to meet the State's
performance targets.
(ii) Disapprovals.--The Secretary
shall disapprove a State's highway
safety plan if the Secretary determines
that--
(I) the plan and the
performance targets contained
in the plan are not evidence-
based or supported by data; or
(II) the plan does not
provide for programming of
funding in a manner sufficient
to allow the State to meet the
State's performance targets.
(C) Actions upon disapproval.--If the
Secretary disapproves a State's highway safety
plan, the Secretary shall--
(i) inform the State of the reasons
for such disapproval; and
(ii) require the State to resubmit
the plan with any modifications that
the Secretary determines to be
necessary.
(D) Review of resubmitted plans.--If the
Secretary requires a State to resubmit a
highway safety plan, with modifications, the
Secretary shall review and approve or
disapprove the modified plan not later than 30
days after the date on which the Secretary
receives such plan.
(E) Public notice.--A State shall make the
State's highway safety plan, and decisions of
the Secretary concerning approval or
disapproval of a revised plan, available to the
public.
(m) Teen Traffic Safety.--
(1) In general.--Subject to the requirements of a
State's highway safety plan, as approved by the
Secretary under subsection (k), a State may use a
portion of the amounts received under this section to
implement statewide efforts to improve traffic safety
for teen drivers.
(2) Use of funds.--Statewide efforts under paragraph
(1)--
(A) shall include peer-to-peer education and
prevention strategies in schools and
communities designed to--
(i) increase safety belt use;
(ii) reduce speeding;
(iii) reduce impaired and distracted
driving;
(iv) reduce underage drinking; [and]
(v) reduce other behaviors by teen
drivers that lead to injuries and
fatalities; and
(vi) increase driver awareness of
commercial motor vehicles to prevent
crashes and reduce injuries and
fatalities; and
(B) may include--
(i) working with student-led groups
and school advisors to plan and
implement teen traffic safety programs;
(ii) providing subgrants to schools
throughout the State to support the
establishment and expansion of student
groups focused on teen traffic safety;
(iii) providing support, training,
and technical assistance to establish
and expand school and community safety
programs for teen drivers;
(iv) creating statewide or regional
websites to publicize and circulate
information on teen safety programs;
(v) conducting outreach and providing
educational resources for parents;
(vi) establishing State or regional
advisory councils comprised of teen
drivers to provide input and
recommendations to the governor and the
governor's safety representative on
issues related to the safety of teen
drivers;
(vii) collaborating with law
enforcement; and
(viii) establishing partnerships and
promoting coordination among community
stakeholders, including public, not-
for-profit, and for profit entities.
(n) Biennial Report to Congress.--Not later than October 1,
2015, and biennially thereafter, the Secretary shall submit a
report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that contains--
(1) an evaluation of each State's performance with
respect to the State's highway safety plan under
subsection (k) and performance targets set by the
States in such plans; and
(2) such recommendations as the Secretary may have
for improvements to activities carried out under
subsection (k).
Sec. 403. Highway safety research and development
(a) Defined Term.--In this section, the term ``Federal
laboratory'' includes--
(1) a government-owned, government-operated
laboratory; and
(2) a government-owned, contractor-operated
laboratory.
(b) General Authority.--
(1) Research and development activities.--The
Secretary may conduct research and development
activities, including demonstration projects and the
collection and analysis of highway and motor vehicle
safety data and related information needed to carry out
this section, with respect to--
(A) all aspects of highway and traffic safety
systems and conditions relating to--
(i) vehicle, highway, driver,
passenger, motorcyclist, bicyclist, and
pedestrian characteristics;
(ii) accident causation and
investigations;
(iii) communications; and
(iv) emergency medical services,
including the transportation of the
injured;
(B) human behavioral factors and their effect
on highway and traffic safety, including--
(i) driver education;
(ii) impaired driving; and
(iii) distracted driving;
(C) an evaluation of the effectiveness of
countermeasures to increase highway and traffic
safety, including occupant protection and
alcohol- and drug-impaired driving technologies
and initiatives;
(D) the development of technologies to detect
drug impaired drivers;
(E) research on, evaluations of, and
identification of best practices related to
driver education programs (including driver
education curricula, instructor training and
certification, program administration, and
delivery mechanisms) and make recommendations
for harmonizing driver education and multistage
graduated licensing systems; [and]
(F) the installation of ignition interlocks
in the United States; and
[(F)] (G) the effect of State laws on any
aspects, activities, or programs described [in
subparagraphs (A) through (E)] in subparagraphs
(A) through (F).
(2) Cooperation, grants, and contracts.--The
Secretary may carry out this section--
(A) independently;
(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories;
(C) by entering into contracts, cooperative
agreements, and other transactions with the
National Academy of Sciences, any Federal
laboratory, State or local agency, authority,
association, institution, or person (as defined
in chapter 1 of title 1); or
(D) by making grants to the National Academy
of Sciences, any Federal laboratory, State or
local agency, authority, association,
institution, or person (as defined in chapter 1
of title 1).
(c) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions to
highway safety problems, stimulate voluntary
improvements in highway safety, and stimulate the
marketing of new highway safety related technology by
private industry, the Secretary is authorized to carry
out, on a cost-shared basis, collaborative research and
development with--
(A) non-Federal entities, including State and
local governments, colleges, universities,
corporations, partnerships, sole
proprietorships, organizations, and trade
associations that are incorporated or
established under the laws of any State or the
United States; and
(B) Federal laboratories.
(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)) in which the Secretary provides not more
than 50 percent of the cost of any research or
development project under this subsection.
(3) Use of technology.--The research, development, or
use of any technology pursuant to an agreement under
this subsection, including the terms under which
technology may be licensed and the resulting royalties
may be distributed, shall be subject to the provisions
of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.).
(d) Title to Equipment.--In furtherance of the purposes set
forth in section 402, the Secretary may vest title to equipment
purchased for demonstration projects with funds authorized
under this section to State or local agencies on such terms and
conditions as the Secretary determines to be appropriate.
(e) Prohibition on Certain Disclosures.--Any report of the
National Highway Traffic Safety Administration, or of any
officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any highway traffic
accident or the investigation of such accident conducted
pursuant to this chapter or [chapter 301] chapter 301 of title
49 may only be made available to the public in a manner that
does not identify individuals.
(f) Cooperative Research and Evaluation.--
(1) Establishment and funding.--Notwithstanding the
apportionment formula set forth in section 402(c)(2),
$2,500,000 of the total amount available for
apportionment to the States for highway safety programs
under subsection 402(c) in each fiscal year ending
before October 1, 2015, and $198,087 of the total
amount available for apportionment to the States for
highway safety programs under section 402(c) in the
period beginning on October 1, 2015, and ending on
October 29, 2015, shall be available for expenditure by
the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration, for a
cooperative research and evaluation program to research
and evaluate priority highway safety countermeasures.
(2) Administration.--The program established under
paragraph (1)--
(A) shall be administered by the
Administrator of the National Highway Traffic
Safety Administration; and
(B) shall be jointly managed by the Governors
Highway Safety Association and the National
Highway Traffic Safety Administration.
(g) International Cooperation.--The Administrator of the
National Highway Traffic Safety Administration may participate
and cooperate in international activities to enhance highway
safety.
(h) In-vehicle Alcohol Detection Device Research.--
(1) In general.--The Administrator of the National
Highway Traffic Safety Administration may carry out a
collaborative research effort under chapter 301 of
title 49 on in-vehicle technology to prevent alcohol-
impaired driving.
[(2) Funding.--Funds provided under section 405 may
be made to be used by the Secretary to conduct the
research described in paragraph (1).]
(2) Funding.--The Secretary shall obligate for each
of fiscal years 2016 through 2021, from funds made
available to carry out this section, except that the
total obligated for the period covering fiscal years
2016 through 2021 may not exceed $32,000,000, to
conduct the research described in paragraph (1).
(3) Privacy protection.--If the Administrator
utilizes the authority under paragraph (1), the
Administrator shall not develop requirements for any
device or means of technology to be installed in an
automobile intended for retail sale that records a
driver's blood alcohol concentration.
(4) Reports.--If the Administrator conducts the
research authorized under paragraph (1), the
Administrator shall submit an annual report to the
Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and
Committee on Science, Space, and Technology of the
House of Representatives that--
(A) describes the progress made in carrying
out the collaborative research effort; and
(B) includes an accounting for the use of
Federal funds obligated or expended in carrying
out that effort.
(5) Definitions.--In this subsection:
(A) Alcohol-impaired driving.--The term
``alcohol-impaired driving'' means the
operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49) by an
individual whose blood alcohol content is at or
above the legal limit.
(B) Legal limit.--The term ``legal limit''
means a blood alcohol concentration of 0.08
percent or greater (as set forth in section
163(a)) or such other percentage limitation as
may be established by applicable Federal,
State, or local law.
(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. 404. National Highway Safety Advisory Committee
[(a)(1) There is established in the Department of
Transportation a National Highway Safety Advisory Committee,
composed of the Secretary or an officer of the Department
appointed by him, the Federal Highway Administrator, the
National Highway Traffic Safety Administrator, and thirty-five
members appointed by the President, no more than four of whom
shall be Federal officers or employees. The Secretary shall
select the Chairman of the Committee from among the Committee
members. The appointed members, having due regard for the
purposes of this chapter, shall be selected from among
representatives of various State and local governments,
including State legislatures, of public and private interests
contributing to, affected by, or concerned with highway safety,
including the national organizations of passenger car, bus, and
truck owners, and of other public and private agencies,
organizations, or groups demonstrating an active interest in
highway safety, as well as research scientists and other
individuals who are expert in this field.
[(2)(A) Each member appointed by the President shall hold
office for a term of three years, except that (i) any member
appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed shall be
appointed for the remainder of such term, and (ii) the terms of
office of members first taking office after the date of
enactment of this section shall expire as follows: Twelve at
the end of one year after the date such committee members are
appointed by the President, twelve at the end of two years
after the date such committee members are appointed by the
President, and eleven at the end of three years after the date
such committee members are appointed, as designated by the
President at the time of appointment, and (iii) the term of any
member shall be extended until the date on which the
successor's appointment is effective. None of the members
appointed by the President who has served a three-year term,
other than Federal officers or employees, shall be eligible for
reappointment within one year following the end of his
preceding term.
[(B) Members of the Committee who are not officers or
employees of the United States shall, while attending meetings
or conferences of such Committee or otherwise engaged in the
business of such Committee, be entitled to receive compensation
at a rate fixed by the Secretary, but not exceeding $100 per
diem, including traveltime, and while away from their homes or
regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized in
section 5 of the Administrative Expenses Act of 1946 (5 U.S.C.
73b-2) for persons in the Government service employed
intermittently. Payments under this section shall not render
members of the Committee employees or officials of the United
States for any purpose.
[(b) The National Highway Safety Advisory Committee shall
advise, consult with, and make recommendations to, the
Secretary on matters relating to the activities and functions
of the Department in the field of highway safety. The Committee
is authorized (1) to review research projects or programs
submitted to or recommended by it in the field of highway
safety and recommend to the Secretary, for prosecution under
this title, any such projects which it believes show promise of
making valuable contributions to human knowledge with respect
to the cause and prevention of highway accidents; and (2) to
review, prior to issuance, standards proposed to be issued by
order of the Secretary under the provisions of section 402(a)
of this title and to make recommendations thereon. Such
recommendations shall be published in connection with the
Secretary's determination or order.
[(c) The National Highway Safety Advisory Committee shall
meet from time to time as the Secretary shall direct, but at
least once each year.
[(d) The Secretary shall provide to the National Highway
Safety Committee from among the personnel and facilities of the
Department of Transportation such staff and facilities as are
necessary to carry out the functions of such Committee.]
Sec. 404. High visibility enforcement program
(a) In General.--The Administrator of the National Highway
Traffic Safety Administration shall establish and administer a
program under which not less than 3 campaigns will be carried
out in each of fiscal years 2016 through 2021.
(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.
(3) Reduce distracted driving of motor vehicles.
(c) Advertising.--The Administrator 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. Consideration shall be given to
advertising directed at non-English speaking populations,
including those who listen to, read, or watch nontraditional
media.
(d) Coordination With States.--The Administrator 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 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 only be used 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 such
term has under section 401.
Sec. 405. National priority safety programs
[(a) General Authority.--Subject to the requirements of this
section, the Secretary of Transportation shall manage programs
to address national priorities for reducing highway deaths and
injuries. Funds shall be allocated according to the priorities
set forth in paragraphs (1) and (2).
[(1) Grants to States.--
[(A) Occupant protection.--16 percent of the
funds provided under this section in each
fiscal year 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)).
[(B) State traffic safety information system
improvements.--14.5 percent of the funds
provided under this section in each fiscal year
shall be allocated among States that meet the
requirements of the State traffic safety
information system improvements (as described
in subsection (c)).
[(C) Impaired driving countermeasures.--52.5
percent of the funds provided under this
section in each fiscal year shall be allocated
among States that meet the requirements of the
impaired driving countermeasures (as described
in subsection (d)).
[(D) Distracted driving.--8.5 percent of the
funds provided under this section in each
fiscal year shall be allocated among States
that adopt and implement effective laws to
reduce distracted driving (as described in
subsection (e)).
[(E) Motorcyclist safety.--1.5 percent of the
funds provided under this section in each
fiscal year shall be allocated among States
that implement motorcyclist safety programs (as
described in subsection (f)).
[(F) State graduated driver licensing laws.--
5 percent of the funds provided under this
section in each fiscal year shall be allocated
among States that adopt and implement graduated
driver licensing laws (as described in
subsection (g)).
[(G) Transfers.--Notwithstanding
subparagraphs (A) through (F), the Secretary
may reallocate, before the last day of any
fiscal year, any amounts remaining available to
carry out any of the activities described in
subsections (b) through (g) to increase the
amount made available to carry out any of the
other activities described in such subsections,
or 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.
[(H) Maintenance of effort.--
[(i) Requirements.--No grant may be
made to a State in any fiscal year
under subsection (b), (c), or (d)
unless the State enters into such
agreements with the Secretary as the
Secretary may require to ensure that
the State will maintain its aggregate
expenditures from all State and local
sources for programs described in those
sections at or above the average level
of such expenditures in its 2 fiscal
years preceding the date of enactment
of the Motor Vehicle and Highway Safety
Improvement Act of 2012.
[(ii) Waiver.--Upon the request of a
State, the Secretary may waive or
modify the requirements under clause
(i) for not more than 1 fiscal year if
the Secretary determines that such a
waiver would be equitable due to
exceptional or uncontrollable
circumstances.
[(2) Other priority programs.--Funds provided under
this section in each fiscal year may be used for
research into technology to prevent alcohol-impaired
driving (as described in subsection 403(h)).]
(a) General Authority.--Subject to the requirements of this
section, the Secretary of Transportation shall manage programs
to address national priorities for reducing highway deaths and
injuries. Funds shall be allocated according to the following:
(1) Occupant protection.--In each fiscal year, 13
percent of the funds provided under this section shall
be allocated among States that adopt and implement
effective occupant protection programs to reduce
highway deaths and injuries resulting from individuals
riding unrestrained or improperly restrained in motor
vehicles (as described in subsection (b)).
(2) State traffic safety information system
improvements.--In each fiscal year, 14.5 percent of the
funds provided under this section shall be allocated
among States that meet requirements with respect to
State traffic safety information system improvements
(as described in subsection (c)).
(3) Impaired driving countermeasures.--In each fiscal
year, 52.5 percent of the funds provided under this
section shall be allocated among States that meet
requirements with respect to impaired driving
countermeasures (as described in subsection (d)).
(4) Distracted driving.--In each fiscal year, 8.5
percent of the funds provided under this section shall
be allocated among States that adopt and implement
effective laws to reduce distracted driving (as
described in subsection (e)).
(5) Motorcyclist safety.--In each fiscal year, 1.5
percent of the funds provided under this section shall
be allocated among States that implement motorcyclist
safety programs (as described in subsection (f)).
(6) State graduated driver licensing laws.--In each
fiscal year, 5 percent of the funds provided under this
section shall be allocated among States that adopt and
implement graduated driver licensing laws (as described
in subsection (g)).
(7) Nonmotorized safety.--In each fiscal year, 5
percent of the funds provided under this section shall
be allocated among States that meet requirements with
respect to nonmotorized safety (as described in
subsection (h)).
(8) Transfers.--Notwithstanding paragraphs (1)
through (7), the Secretary may reallocate, before the
last day of any fiscal year, any amounts remaining
available to carry out any of the activities described
in subsections (b) through (h) to increase the amount
made available under section 402, in order to ensure,
to the maximum extent possible, that all such amounts
are obligated during such fiscal year.
(9) Maintenance of effort.--
(A) Requirements.--No grant may be made to a
State in any fiscal year under subsection (b),
(c), or (d) unless the State enters into such
agreements with the Secretary as the Secretary
may require to ensure that the State will
maintain its aggregate expenditures from all
State and local sources for programs described
in those subsections at or above the average
level of such expenditures in the 2 fiscal
years preceding the date of enactment of this
paragraph.
(B) Waiver.--Upon the request of a State, the
Secretary may waive or modify the requirements
under subparagraph (A) for not more than 1
fiscal year if the Secretary determines that
such a waiver would be equitable due to
exceptional or uncontrollable circumstances.
(b) Occupant Protection Grants.--
(1) General authority.--Subject to the requirements
under this subsection, the Secretary of Transportation
shall award grants to 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.
(2) Federal share.--The Federal share of the costs of
activities funded using amounts from grants awarded
under this subsection may not exceed 80 percent for
each fiscal year for which a State receives a grant.
(3) Eligibility.--
(A) High seat belt use rate.--A State with an
observed seat belt use rate of 90 percent or
higher, based on the most recent data from a
survey that conforms with national criteria
established by the National Highway Traffic
Safety Administration, shall be eligible for a
grant in a fiscal year if the State--
(i) submits an occupant protection
plan during the first fiscal year;
(ii) participates in the Click It or
Ticket national mobilization;
(iii) has an active network of child
restraint inspection stations; and
(iv) has a plan to recruit, train,
and maintain a sufficient number of
child passenger safety technicians.
(B) Lower seat belt use rate.--A State with
an observed seat belt use rate below 90
percent, based on the most recent data from a
survey that conforms with national criteria
established by the National Highway Traffic
Safety Administration, shall be eligible for a
grant in a fiscal year if--
(i) the State meets all of the
requirements under clauses (i) through
(iv) of subparagraph (A); and
(ii) the Secretary determines that
the State meets at least 3 of the
following criteria:
(I) The State conducts
sustained (on-going and
periodic) seat belt enforcement
at a defined level of
participation during the year.
(II) The State has enacted
and enforces a primary
enforcement seat belt use law.
(III) The State has
implemented countermeasure
programs for high-risk
populations, such as drivers on
rural roadways, unrestrained
nighttime drivers, or teenage
drivers.
(IV) The State has enacted
and enforces occupant
protection laws requiring front
and rear occupant protection
use by all occupants in an age-
appropriate restraint.
(V) The State has implemented
a comprehensive occupant
protection program in which the
State has--
(aa) conducted a
program assessment;
(bb) developed a
statewide strategic
plan;
(cc) designated an
occupant protection
coordinator; and
(dd) established a
statewide occupant
protection task force.
(VI) The State--
(aa) completed an
assessment of its
occupant protection
program during the 3-
year period preceding
the grant year; or
(bb) will conduct
such an assessment
during the first year
of the grant.
(4) Use of grant amounts.--
(A) In general.--Grant funds received
pursuant to this subsection may be used to--
(i) carry out a program to support
high-visibility enforcement
mobilizations, including paid media
that emphasizes publicity for the
program, and law enforcement;
(ii) carry out a program to train
occupant protection safety
professionals, police officers, fire
and emergency medical personnel,
educators, and parents concerning all
aspects of the use of child restraints
and occupant protection;
(iii) carry out a program to educate
the public concerning the proper use
and installation of child restraints,
including related equipment and
information systems;
(iv) carry out a program to provide
community child passenger safety
services, including programs about
proper seating positions for children
and how to reduce the improper use of
child restraints;
(v) purchase and distribute child
restraints to low- income families,
provided that not more than 5 percent
of the funds received in a fiscal year
are used for such purpose; and
(vi) establish and maintain
information systems containing data
concerning occupant protection,
including the collection and
administration of child passenger
safety and occupant protection surveys.
(B) High seat belt use rate.--A State that is
eligible for funds under paragraph (3)(A) may
use up to [75 percent] 100 percent of such
funds for any project or activity eligible for
funding under section 402.
(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.
(6) Definitions.--In this subsection:
(A) Child restraint.--The term ``child
restraint'' means any device (including child
safety seat, booster seat, harness, and
excepting seat belts) that is--
(i) designed for use in a motor
vehicle to restrain, seat, or position
children who weigh 65 pounds (30
kilograms) or less; and
(ii) certified to the Federal motor
vehicle safety standard prescribed by
the National Highway Traffic Safety
Administration for child restraints.
(B) Seat belt.--The term ``seat belt''
means--
(i) with respect to open-body motor
vehicles, including convertibles, an
occupant restraint system consisting of
a lap belt or a lap belt and a
detachable shoulder belt; and
(ii) with respect to other motor
vehicles, an occupant restraint system
consisting of integrated lap and
shoulder belts.
(c) State Traffic Safety Information System Improvements.--
(1) General authority.--Subject to the requirements
under this subsection, the Secretary of Transportation
shall award grants to States to support the development
and implementation of effective State programs that--
(A) improve the timeliness, accuracy,
completeness, uniformity, integration, and
accessibility of the State safety data that is
needed to identify priorities for Federal,
State, and local highway and traffic safety
programs;
(B) evaluate the effectiveness of efforts to
make such improvements;
(C) link the State data systems, including
traffic records, with other data systems within
the State, such as systems that contain
medical, roadway, and economic data;
(D) improve the compatibility and
interoperability of the data systems of the
State with national data systems and data
systems of other States; and
(E) enhance the ability of the Secretary to
observe and analyze national trends in crash
occurrences, rates, outcomes, and
circumstances.
(2) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State
program described in this subsection may not exceed 80
percent.
(3) Eligibility.--A State is not eligible for a grant
under this subsection in a fiscal year unless the State
demonstrates, to the satisfaction of the Secretary,
that the State--
(A) has a functioning traffic records
coordinating committee (referred to in this
paragraph as ``TRCC'') that meets at least 3
times each year;
(B) has designated a TRCC coordinator;
(C) has established a State traffic record
strategic plan that has been approved by the
TRCC and describes specific quantifiable and
measurable improvements anticipated in the
State's core safety databases, including crash,
citation or adjudication, driver, emergency
medical services or injury surveillance system,
roadway, and vehicle databases;
(D) has demonstrated quantitative progress in
relation to the significant data program
attribute of--
(i) accuracy;
(ii) completeness;
(iii) timeliness;
(iv) uniformity;
(v) accessibility; or
(vi) integration of a core highway
safety database; and
(E) has certified to the Secretary that an
assessment of the State's highway safety data
and traffic records system was conducted or
updated during the preceding 5 years.
(4) Use of grant amounts.--Grant funds received by a
State under this subsection shall be used for making
data program improvements to core highway safety
databases related to quantifiable, measurable progress
in any of the 6 significant data program attributes set
forth in paragraph (3)(D).
(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.
(d) Impaired Driving Countermeasures.--
(1) In general.--Subject to the requirements under
this subsection, the Secretary of Transportation shall
award grants to States that adopt and implement--
(A) effective programs to reduce driving
under the influence of alcohol, drugs, or the
combination of alcohol and drugs; or
(B) alcohol-ignition interlock laws.
(2) Federal share.--The Federal share of the costs of
activities funded using amounts from grants under this
subsection may not exceed 80 percent in any fiscal year
in which the State receives a grant.
(3) Eligibility.--
(A) Low-range States.--Low-range States shall
be eligible for a grant under this subsection.
(B) Mid-range States.--A mid-range State
shall be eligible for a grant under this
subsection if--
(i) a statewide impaired driving task
force in the State developed a
statewide plan during the most recent 3
calendar years to address the problem
of impaired driving; or
(ii) the State will convene a
statewide impaired driving task force
to develop such a plan during the first
year of the grant.
(C) High-range States.--A high-range State
shall be eligible for a grant under this
subsection if the State--
(i)(I) conducted an assessment of the
State's impaired driving program during
the most recent 3 calendar years; or
(II) will conduct such an assessment
during the first year of the grant;
(ii) convenes, during the first year
of the grant, a statewide impaired
driving task force to develop a
statewide plan that--
(I) addresses any
recommendations from the
assessment conducted under
clause (i);
(II) includes a detailed plan
for spending any grant funds
provided under this subsection;
and
(III) describes how such
spending supports the statewide
program; and
(iii)(I) submits the statewide plan
to the National Highway Traffic Safety
Administration during the first year of
the grant for the agency's review and
approval;
(II) annually updates the statewide
plan in each subsequent year of the
grant; and
(III) submits each updated statewide
plan for the agency's review and
comment.
[(4) Use of grant amounts.--
[(A) Required programs.--High-range States
shall use grant funds for--
[(i) high visibility enforcement
efforts; and
[(ii) any of the activities described
in subparagraph (B) if--
[(I) the activity is
described in the statewide
plan; and
[(II) the Secretary approves
the use of funding for such
activity.
[(B) Authorized programs.--Medium-range and
low-range States may use grant funds for--
[(i) any of the purposes described in
subparagraph (A);
[(ii) hiring a full-time or part-time
impaired driving coordinator of the
State's activities to address the
enforcement and adjudication of laws
regarding driving while impaired by
alcohol;
[(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, and 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
screening and brief intervention;
[(viii) developing impaired driving
information systems; and
[(ix) 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. Medium and high-range States
may use funds for such expenditures upon
approval by the Secretary.]
(4) Use of grant amounts.--
(A) Required programs.--High-range States
shall use grant funds for--
(i) high-visibility enforcement
efforts; and
(ii) any of the activities described
in subparagraph (B) if--
(I) the activity is described
in the statewide plan; and
(II) the Secretary approves
the use of funding for such
activity.
(B) Authorized programs.--Medium-range and
low-range States may use grant funds for--
(i) any of the purposes described in
subparagraph (A);
(ii) hiring a full-time or part-time
impaired driving coordinator of the
State's activities to address the
enforcement and adjudication of laws
regarding driving while impaired by
alcohol, drugs, or the combination of
alcohol and drugs;
(iii) court support of high-
visibility enforcement efforts,
training and education of criminal
justice professionals (including law
enforcement, prosecutors, judges, and
probation officers) to assist such
professionals in handling impaired
driving cases, hiring traffic safety
resource prosecutors, hiring judicial
outreach liaisons, and establishing
driving while intoxicated courts;
(iv) alcohol ignition interlock
programs;
(v) improving blood-alcohol
concentration testing and reporting;
(vi) paid and earned media in support
of high-visibility enforcement efforts,
conducting standardized field sobriety
training, advanced roadside impaired
driving evaluation training, and drug
recognition expert training for law
enforcement, and equipment and related
expenditures used in connection with
impaired driving enforcement in
accordance with criteria established by
the National Highway Traffic Safety
Administration;
(vii) training on the use of alcohol
and drug screening and brief
intervention;
(viii) training for and
implementation of impaired driving
assessment programs or other tools
designed to increase the probability of
identifying the recidivism risk of a
person convicted of driving under the
influence of alcohol, drugs, or a
combination of alcohol and drugs and to
determine the most effective mental
health or substance abuse treatment or
sanction that will reduce such risk;
(ix) developing impaired driving
information systems; and
(x) costs associated with a 24-7
sobriety program.
(C) Other programs.--Low-range States may use
grant funds for any expenditure designed to
reduce impaired driving based on problem
identification and may use not more than 50
percent of funds made available under this
subsection for any project or activity eligible
for funding under section 402. Medium- and
high-range States may use funds for any
expenditure designed to reduce impaired driving
based on problem identification upon approval
by the Secretary.
(5) Grant amount.--Subject to paragraph (6), the
allocation of grant funds to a State under this section
for a fiscal year shall be in proportion to the State's
apportionment [under section 402(c)] under section 402
for fiscal year 2009.
(6) Grants to States that adopt and enforce mandatory
alcohol-ignition interlock laws.--
[(A) In general.--The Secretary shall make a
separate grant under this subsection to each
State that adopts and is enforcing a mandatory
alcohol-ignition interlock law for all
individuals convicted of driving under the
influence of alcohol or of driving while
intoxicated.]
(A) In general.--The Secretary shall make a
separate grant under this subsection to each
State that adopts and is enforcing a law that
requires any individual convicted of driving
under the influence of alcohol or of driving
while intoxicated to receive a restriction on
driving privileges that limits the individual
to operating only motor vehicles with an
ignition interlock installed. Such law may
provide limited exceptions for circumstances
when--
(i) a State-certified ignition
interlock provider is not available
within 100 miles of the individual's
residence;
(ii) the individual is required to
operate an employer's motor vehicle in
the course and scope of employment and
the business entity that owns the
vehicle is not owned or controlled by
the individual; or
(iii) the individual is certified by
a medical doctor as being unable to
provide a deep lung breath sample for
analysis by an ignition interlock
device.
(B) Use of funds.--Grants authorized under
subparagraph (A) may be used by recipient
States for any eligible activities under this
subsection or section 402.
(C) Allocation.--Amounts made available under
this paragraph shall be allocated among States
described in subparagraph (A) [on the basis of
the apportionment formula set forth in section
402(c)] in proportion to the State's
apportionment under section 402 for fiscal year
2009.
(D) Funding.--Not more than 15 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 this paragraph.
(7) Definitions.--In this subsection:
(A) 24-7 sobriety program.--The term ``24-7
sobriety program'' means a State law or program
that authorizes a State court or a State
agency, as a condition of sentence, probation,
parole, or work permit, to--
(i) require an individual who plead
guilty or was convicted of driving
under the influence of alcohol or drugs
to totally abstain from alcohol or
drugs for a period of time; and
(ii) require the individual to be
subject to testing for alcohol or
drugs--
(I) at least twice per day;
(II) by continuous
transdermal alcohol monitoring
via an electronic monitoring
device; or
(III) by an alternate method
with the concurrence of the
Secretary.
(B) Average impaired driving fatality rate.--
The term ``average impaired driving fatality
rate'' means the number of fatalities in motor
vehicle crashes involving a driver with a blood
alcohol concentration of at least 0.08 percent
for every 100,000,000 vehicle miles traveled,
based on the most recently reported 3 calendar
years of final data from the Fatality Analysis
Reporting System, as calculated in accordance
with regulations prescribed by the
Administrator of the National Highway Traffic
Safety Administration.
(C) High-range State.--The term ``high-range
State'' means a State that has an average
impaired driving fatality rate of 0.60 or
higher.
(D) Low-range State.--The term ``low-range
State'' means a State that has an average
impaired driving fatality rate of 0.30 or
lower..
(E) Mid-range State.--The term ``mid-range
State'' means a State that has an average
impaired driving fatality rate that is higher
than 0.30 and lower than 0.60.
[(e) Distracted Driving Grants.--
[(1) In general.--The Secretary shall award a grant
under this subsection to any State that enacts and
enforces a statute that meets the requirements set
forth in paragraphs (2) and (3).
[(2) Prohibition on texting while driving.--A State
statute meets the requirements set forth in this
paragraph if the statute--
[(A) prohibits drivers from texting through a
personal wireless communications device while
driving;
[(B) makes violation of the statute a primary
offense; and
[(C) establishes--
[(i) a minimum fine for a first
violation of the statute; and
[(ii) increased fines for repeat
violations.
[(3) Prohibition on youth cell phone use while
driving.--A State statute meets the requirements set
forth in this paragraph if the statute--
[(A) prohibits a driver who is younger than
18 years of age from using a personal wireless
communications device while driving;
[(B) makes violation of the statute a primary
offense;
[(C) requires distracted driving issues to be
tested as part of the State driver's license
examination; and
[(D) establishes--
[(i) a minimum fine for a first
violation of the statute; and
[(ii) increased fines for repeat
violations.
[(4) Permitted exceptions.--A statute that meets the
requirements set forth in paragraphs (2) and (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; and
[(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
31152 of title 49.
[(5) Use of grant funds.--Of the amounts received by
a State under this subsection--
[(A) at least 50 percent 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; and
[(B) up to 50 percent may be used for any
eligible project or activity under section 402.
[(6) Additional grants.--In the first fiscal year
that grants are awarded under this subsection, the
Secretary may use up to 25 percent of the amounts
available for grants under this subsection to award
grants to States that--
[(A) enacted statutes before the date of
enactment of the Motor Vehicle and Highway
Safety Improvement Act of 2012, which meet the
requirements set forth in subparagraphs (A) and
(B) of paragraph (2); and
[(B) are otherwise ineligible for a grant
under this subsection.
[(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 up to $5,000,000 for the
development and placement of broadcast media to support
the enforcement of State distracted driving laws.
[(8) Distracted driving study.--
[(A) In general.--The Secretary shall conduct
a study of all forms of distracted driving.
[(B) Components.--The study conducted under
subparagraph (A) shall--
[(i) examine the effect of
distractions other than the use of
personal wireless communications on
motor vehicle safety;
[(ii) identify metrics to determine
the nature and scope of the distracted
driving problem;
[(iii) identify the most effective
methods to enhance education and
awareness; and
[(iv) identify the most effective
method of reducing deaths and injuries
caused by all forms of distracted
driving.
[(C) Report.--Not later than 1 year after the
date of enactment of the Motor Vehicle and
Highway Safety Improvement Act of 2012, the
Secretary shall submit a report containing the
results of the study conducted under this
paragraph to--
[(i) the Committee on Commerce,
Science, and Transportation of the
Senate; and
[(ii) the Committee on Transportation
and Infrastructure of the House of
Representatives.
[(9) Definitions.--In this subsection:
[(A) Driving.--The term ``driving''--
[(i) means operating a motor vehicle
on a public road, including operation
while temporarily stationary because of
traffic, a traffic light or stop sign,
or otherwise; and
[(ii) does not include operating a
motor vehicle when the vehicle has
pulled over to the side of, or off, an
active roadway and has stopped in a
location where it can safely remain
stationary.
[(B) Personal wireless communications
device.--The term ``personal wireless
communications device''--
[(i) means a device through which
personal wireless services (as defined
in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted; and
[(ii) does not include a global
navigation satellite system receiver
used for positioning, emergency
notification, or navigation purposes.
[(C) Primary offense.--The term ``primary
offense'' means an offense for which a law
enforcement officer may stop a vehicle solely
for the purpose of issuing a citation in the
absence of evidence of another offense.
[(D) Public road.--The term ``public road''
has the meaning given such term in section
402(c).
[(E) Texting.--The term ``texting'' means
reading from or manually entering data into a
personal wireless communications device,
including doing so for the purpose of SMS
texting, e-mailing, instant messaging, or
engaging in any other form of electronic data
retrieval or electronic data communication.]
(e) Distracted Driving Grants.--
(1) In general.--The Secretary shall award a grant
under this subsection to any State that includes
distracted driving awareness as part of the State's
driver's license examination, and enacts and enforces a
law that meets the requirements set forth in paragraphs
(2) and (3).
(2) Prohibition on texting while driving or stopped
in traffic.--A State law meets the requirements set
forth in this paragraph if the law--
(A) prohibits a driver from texting through a
personal wireless communications device while
driving or stopped in traffic;
(B) makes violation of the law a primary
offense; and
(C) establishes a minimum fine for a
violation of the law.
(3) Prohibition on youth cell phone use while driving
or stopped in traffic.--A State law meets the
requirements set forth in this paragraph if the law--
(A) prohibits a driver from using a personal
wireless communications device while driving or
stopped in traffic--
(i) younger than 18 years of age; or
(ii) in the learner's permit and
intermediate license stages set forth
in subsection (g)(2)(B);
(B) makes violation of the law a primary
offense; and
(C) establishes a minimum fine for a first
violation of the law.
(4) Permitted exceptions.--A law that meets the
requirements set forth in paragraph (2) or (3) may
provide exceptions for--
(A) a driver who uses a personal wireless
communications device to contact emergency
services;
(B) emergency services personnel who use a
personal wireless communications device while--
(i) operating an emergency services
vehicle; and
(ii) engaged in the performance of
their duties as emergency services
personnel;
(C) an individual employed as a commercial
motor vehicle driver or a school bus driver who
uses a personal wireless communications device
within the scope of such individual's
employment if such use is permitted under the
regulations promulgated pursuant to section
31136 of title 49; and
(D) any additional exceptions determined by
the Secretary through a rulemaking process.
(5) Use of grant funds.--
(A) In general.--Except as provided in
subparagraph (B), amounts received by a State
under this subsection shall be used--
(i) to educate the public through
advertising containing information
about the dangers of texting or using a
cell phone while driving;
(ii) for traffic signs that notify
drivers about the distracted driving
law of the State; or
(iii) for law enforcement costs
related to the enforcement of the
distracted driving law.
(B) Flexibility.--
(i) Not more than 50 percent
of amounts received by a State
under this subsection may be
used for any eligible project
or activity under section 402.
(ii) Not more than 75 percent
of amounts received by a State
under this subsection may be
used for any eligible project
or activity under section 402
if the State has conformed its
distracted driving data to the
most recent Model Minimum
Uniform Crash Criteria
published by the Secretary.
(6) Allocation to support state distracted driving
laws.--Of the amounts available under this subsection
in a fiscal year for distracted driving grants, the
Secretary may expend not more than $5,000,000 for the
development and placement of broadcast media to reduce
distracted driving of motor vehicles, including to
support campaigns related to distracted driving that
are funded under section 404.
(7) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be
in proportion to the State's apportionment under
section 402 for fiscal year 2009.
(8) Definitions.--In this subsection, the following
definitions apply:
(A) Driving.--The term ``driving''--
(i) means operating a motor vehicle
on a public road, including operation
while temporarily stationary because of
traffic, a traffic light or stop sign,
or otherwise; and
(ii) does not include operating a
motor vehicle when the vehicle has
pulled over to the side of, or off, an
active roadway and has stopped in a
location where it can safely remain
stationary.
(B) Personal wireless communications
device.--The term ``personal wireless
communications device''--
(i) means a device through which
personal wireless services (as defined
in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted; and
(ii) does not include a global
navigation satellite system receiver
used for positioning, emergency
notification, or navigation purposes.
(C) Primary offense.--The term ``primary
offense'' means an offense for which a law
enforcement officer may stop a vehicle solely
for the purpose of issuing a citation in the
absence of evidence of another offense.
(D) Public road.--The term ``public road''
has the meaning given such term in section
402(c).
(E) Texting.--The term ``texting'' means
reading from or manually entering data into a
personal wireless communications device,
including doing so for the purpose of SMS
texting, emailing, instant messaging, or
engaging in any other form of electronic data
retrieval or electronic data communication.
(f) Motorcyclist Safety.--
(1) Grants authorized.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States that adopt and implement effective programs
to reduce the number of single-and multi-vehicle
crashes involving motorcyclists.
[(2) Allocation.--The amount of a grant awarded to a
State for a fiscal year under this subsection may not
exceed 25 percent of the amount apportioned to the
State for fiscal year 2003 under section 402.]
(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.
(3) Grant eligibility.--A State becomes eligible for
a grant under this subsection by adopting or
demonstrating to the satisfaction of the Secretary, at
least 2 of the following criteria:
(A) Motorcycle rider training courses.--An
effective motorcycle rider training course that
is offered throughout the State, which--
(i) provides a formal program of
instruction in accident avoidance and
other safety-oriented operational
skills to motorcyclists; and
(ii) may include innovative training
opportunities to meet unique regional
needs.
(B) Motorcyclists awareness program.--An
effective statewide program to enhance motorist
awareness of the presence of motorcyclists on
or near roadways and safe driving practices
that avoid injuries to motorcyclists.
(C) Reduction of fatalities and crashes
involving motorcycles.--A reduction for the
preceding calendar year in the number of
motorcycle fatalities and the rate of motor
vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000
motorcycle registrations).
(D) Impaired driving program.--Implementation
of a statewide program to reduce impaired
driving, including specific measures to reduce
impaired motorcycle operation.
(E) Reduction of fatalities and accidents
involving impaired motorcyclists.--A reduction
for the preceding calendar year in the number
of fatalities and the rate of reported crashes
involving alcohol- or drug-impaired motorcycle
operators (expressed as a function of 10,000
motorcycle registrations).
(F) Fees collected from motorcyclists.--All
fees collected by the State from motorcyclists
for the purposes of funding motorcycle training
and safety programs will be used for motorcycle
training and safety purposes.
(4) Eligible uses.--
(A) In general.--A State may use funds from a
grant under this subsection only for
motorcyclist safety training and motorcyclist
awareness programs, including--
(i) improvements to motorcyclist
safety training curricula;
(ii) improvements in program delivery
of motorcycle training to both urban
and rural areas, including--
(I) procurement or repair of
practice motorcycles;
(II) instructional materials;
(III) mobile training units;
and
(IV) leasing or purchasing
facilities for closed- course
motorcycle skill training;
(iii) measures designed to increase
the recruitment or retention of
motorcyclist safety training
instructors; and
(iv) public awareness, public service
announcements, and other outreach
programs to enhance driver awareness of
motorcyclists, [such as the] including
``share-the-road'' safety messages
[developed under subsection (g)].
(B) Suballocations of funds.--An agency of a
State that receives a grant under this
subsection may suballocate funds from the grant
to a nonprofit organization incorporated in
that State to carry out this subsection.
(C) Flexibility.--Not more than 50 percent of
grant funds received by a State under this
subsection may be used for any eligible project
or activity under section 402 if the State is
in the lowest 25 percent of all States for
motorcycle deaths per 10,000 motorcycle
registrations based on the most recent data
that conforms with criteria established by the
Secretary.
(5) Definitions.--In this subsection:
(A) Motorcyclist awareness.--The term
``motorcyclist awareness'' means individual or
collective awareness of--
(i) the presence of motorcycles on or
near roadways; and
(ii) safe driving practices that
avoid injury to motorcyclists.
(B) Motorcyclist awareness program.--The term
``motorcyclist awareness program'' means an
informational or public awareness program
designed to enhance motorcyclist awareness that
is developed by or in coordination with the
designated State authority having jurisdiction
over motorcyclist safety issues, which may
include the State motorcycle safety
administrator or a motorcycle advisory council
appointed by the governor of the State.
(C) Motorcyclist safety training.--The term
``motorcyclist safety training'' means a formal
program of instruction that is approved for use
in a State by the designated State authority
having jurisdiction over motorcyclist safety
issues, which may include the State motorcycle
safety administrator or a motorcycle advisory
council appointed by the governor of the State.
(D) State.--The term ``State'' has the
meaning given such term in section 101(a) of
title 23, United States Code.
(6) Share-the-road model language.--Not later than 1
year after the date of enactment of this paragraph, the
Secretary shall update and provide to the States model
language for use in traffic safety education courses,
driver's manuals, and other driver training materials
that provides instruction for drivers of motor vehicles
on the importance of sharing the road safely with
motorcyclists.
[(g) State Graduated Driver Licensing Incentive Grant.--
[(1) Grants authorized.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States that adopt and implement graduated driver
licensing laws in accordance with the requirements set
forth in paragraph (2).
[(2) Minimum requirements.--
[(A) In general.--A State meets the
requirements set forth in this paragraph if the
State has a graduated driver licensing law that
requires novice drivers younger than 21 years
of age to comply with the 2-stage licensing
process described in subparagraph (B) before
receiving an unrestricted driver's license.
[(B) Licensing process.--A State is in
compliance with the 2-stage licensing process
described in this subparagraph if the State's
driver's license laws include--
[(i) a learner's permit stage that--
[(I) is at least 6 months in
duration;
[(II) prohibits the driver
from using a cellular telephone
or any communications device in
a nonemergency situation; and
[(III) 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;
[(II) is at least 6 months in
duration;
[(III) prohibits the driver
from using a cellular telephone
or any communications device in
a nonemergency situation;
[(IV) restricts driving at
night;
[(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 18 years of
age; and
[(iii) any other requirement
prescribed by the Secretary of
Transportation, including--
[(I) in the learner's permit
stage--
[(aa) at least 40
hours of behind-the-
wheel training with a
licensed driver who is
at least 21 years of
age;
[(bb) a driver
training course; and
[(cc) a requirement
that the driver be
accompanied and
supervised by a
licensed driver, who is
at least 21 years of
age, at all times while
such driver is
operating a motor
vehicle; and
[(II) in the learner's permit
or intermediate stage, a
requirement, in addition to any
other penalties imposed by
State law, that the grant 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, including--
[(aa) driving while
intoxicated;
[(bb)
misrepresentation of
his or her true age;
[(cc) reckless
driving;
[(dd) driving without
wearing a seat belt;
[(ee) speeding; or
[(ff) any other
driving-related
offense, as determined
by the Secretary.
[(3) Rulemaking.--
[(A) In general.--The Secretary shall
promulgate regulations necessary to implement
the requirements set forth in paragraph (2), in
accordance with the notice and comment
provisions under section 553 of title 5.
[(B) Exception.--A State that otherwise meets
the minimum requirements set forth in paragraph
(2) shall be deemed by the Secretary to be in
compliance with the requirement set forth in
paragraph (2) if the State enacted a law before
January 1, 2011, establishing a class of
license that permits licensees or applicants
younger than 18 years of age to drive a motor
vehicle--
[(i) in connection with work
performed on, or for the operation of,
a farm owned by family members who are
directly related to the applicant or
licensee; or
[(ii) if demonstrable hardship would
result from the denial of a license to
the licensees or applicants.
[(4) Allocation.--Grant funds allocated to a State
under this subsection for a fiscal year shall be in
proportion to a State's apportionment under section 402
for such fiscal year.
[(5) Use of funds.--Of the grant funds received by a
State under this subsection--
[(A) at least 25 percent shall be used for--
[(i) enforcing a 2-stage licensing
process that complies with paragraph
(2);
[(ii) training for law enforcement
personnel and other relevant State
agency personnel relating to the
enforcement described in clause (i);
[(iii) publishing relevant
educational materials that pertain
directly or indirectly to the State
graduated driver licensing law;
[(iv) carrying out other
administrative activities that the
Secretary considers relevant to the
State's 2- stage licensing process; and
[(v) carrying out a teen traffic
safety program described in section
402(m); and
[(B) up to 75 percent may be used for any
eligible project or activity under section
402.]
(g) State Graduated Driver Licensing Incentive Grant.--
(1) Grants authorized.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States that adopt and implement graduated driver
licensing laws in accordance with the requirements set
forth in paragraph (2).
(2) Minimum requirements.--
(A) In general.--A State meets the
requirements set forth in this paragraph if the
State has a graduated driver licensing law that
requires novice drivers younger than 18 years
of age to comply with the 2-stage licensing
process described in subparagraph (B) before
receiving an unrestricted driver's license.
(B) Licensing process.--A State is in
compliance with the 2-stage licensing process
described in this subparagraph if the State's
driver's license laws comply with the
additional requirements under subparagraph (C)
and includes--
(i) a learner's permit stage that--
(I) is not less than 6 months
in duration and remains in
effect until the driver reaches
not less than 16 years of age;
(II) contains a prohibition
on the driver using a personal
wireless communications device
(as defined in subsection (e))
while driving except under an
exception permitted under
subsection (e)(4);
(III) requires that the
driver be accompanied and
supervised at all times while
operating a motor vehicle by a
licensed driver who is--
(aa) not less than 21
years of age;
(bb) the driver's
parent or guardian; or
(cc) a State-
certified driving
instructor; and
(IV) complies with the
additional requirements for a
learner's permit stage set
forth in subparagraph (C)(i);
and
(ii) an intermediate stage that--
(I) is not less than 6 months
in duration;
(II) contains a prohibition
on the driver using a personal
wireless communications device
(as defined in subsection (e))
while driving except under an
exception permitted under
subsection (e)(4);
(III) for the first 6 months
of such stage, restricts
driving at night when not
supervised by a licensed driver
described in clause (i)(III),
excluding transportation to
work, school, or religious
activities, or in the case of
an emergency;
(IV) for a period of not less
than 6 months, prohibits the
driver from operating a motor
vehicle with more than 1
nonfamilial passenger under 21
years of age unless a licensed
driver described in clause
(i)(III) is in the vehicle; and
(V) complies with the
additional requirements for an
intermediate stage set forth in
subparagraph (C)(ii).
(C) Additional requirements.--
(i) Learner's permit stage.--In
addition to the requirements of
subparagraph (B)(i), a learner's permit
stage shall include not less than 2 of
the following requirements:
(I) Passage of a vision and
knowledge assessment by a
learner's permit applicant
prior to receiving a learner's
permit.
(II) The driver completes--
(aa) a State-
certified driver
education or training
course; or
(bb) not less than 40
hours of behind-the-
wheel training with a
licensed driver
described in
subparagraph
(B)(i)(III).
(III) In addition to any
other penalties imposed by
State law, the grant of an
unrestricted driver's license
or advancement to an
intermediate stage be
automatically delayed for any
individual who, during the
learner's permit stage, is
convicted of a driving-related
offense, including--
(aa) driving while
intoxicated;
(bb)
misrepresentation of
the individual's age;
(cc) reckless
driving;
(dd) driving without
wearing a seatbelt;
(ee) speeding; or
(ff) any other
driving-related
offense, as determined
by the Secretary.
(ii) Intermediate stage.--In addition
to the requirements of subparagraph
(B)(ii), an intermediate stage shall
include not less than 2 of the
following requirements:
(I) Commencement of such
stage after the successful
completion of a driving skills
test.
(II) That such stage remain
in effect until the driver
reaches the age of not less
than 17.
(III) In addition to any
other penalties imposed by
State law, the grant of an
unrestricted driver's license
be automatically delayed for
any individual who, during the
learner's permit stage, is
convicted of a driving-related
offense, including those
described in clause (i)(III).
(3) Exception.--A State that otherwise meets the
minimum requirements set forth in paragraph (2) shall
be deemed by the Secretary to be in compliance with the
requirement set forth in paragraph (2) if the State
enacted a law before January 1, 2011, establishing a
class of license that permits licensees or applicants
younger than 18 years of age to drive a motor vehicle--
(A) in connection with work performed on, or
for the operation of, a farm owned by family
members who are directly related to the
applicant or licensee; or
(B) if demonstrable hardship would result
from the denial of a license to the licensees
or applicants.
(4) Allocation.--Grant funds allocated to a State
under this subsection for a fiscal year shall be in
proportion to the State's apportionment under section
402 for fiscal year 2009.
(5) Use of funds.--
(A) In general.--Except as provided in
subparagraph (B), grant funds received by a
State under this subsection shall be used for--
(i) enforcing a 2-stage licensing
process that complies with paragraph
(2);
(ii) training for law enforcement
personnel and other relevant State
agency personnel relating to the
enforcement described in clause (i);
(iii) publishing relevant educational
materials that pertain directly or
indirectly to the State graduated
driver licensing law;
(iv) carrying out other
administrative activities that the
Secretary considers relevant to the
State's 2-stage licensing process; or
(v) carrying out a teen traffic
safety program described in section
402(m).
(B) Flexibility.--
(i) Not more than 75 percent of grant
funds received by a State under this
subsection may be used for any eligible
project or activity under section 402.
(ii) Not more than 100 percent of
grant funds received by a State under
this subsection may be used for any
eligible project or activity under
section 402, if the State is in the
lowest 25 percent of all States for the
number of drivers under age 18 involved
in fatal crashes in the State per the
total number of drivers under age 18 in
the State based on the most recent data
that conforms with criteria established
by the Secretary.
(h) Nonmotorized Safety.--
(1) General authority.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States for the purpose of decreasing pedestrian and
bicycle fatalities and injuries that result from
crashes involving a motor vehicle.
(2) Federal share.--The Federal share of the cost of
a project carried out by a State using amounts from a
grant awarded under this subsection may not exceed 80
percent.
(3) Eligibility.--A State shall receive a grant under
this subsection in a fiscal year if the annual combined
pedestrian and bicycle fatalities in the State exceed
15 percent of the total annual crash fatalities in the
State, based on the most recently reported final data
from the Fatality Analysis Reporting System.
(4) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for--
(A) training of law enforcement officials on
State laws applicable to pedestrian and bicycle
safety;
(B) enforcement mobilizations and campaigns
designed to enforce State traffic laws
applicable to pedestrian and bicycle safety;
and
(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists of State traffic laws applicable to
pedestrian and bicycle safety.
(5) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be
in proportion to the State's apportionment under
section 402 for fiscal year 2009.
* * * * * * *
CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec.
501. Definitions.
* * * * * * *
[512. National ITS Program Plan. ]
512. National ITS program plan.
* * * * * * *
519. Infrastructure development.
* * * * * * *
Sec. 502. Surface transportation research, development, and technology
(a) Basic Principles Governing Research and Technology
Investments.--
(1) Applicability.--The research, development, and
technology provisions of this section shall apply
throughout this chapter.
(2) Coverage.--Surface transportation research and
technology development shall include all activities
within the innovation lifecycle leading to technology
development and transfer, as well as the introduction
of new and innovative ideas, practices, and approaches,
through such mechanisms as field applications,
education and training, communications, impact
analysis, and technical support.
(3) Federal responsibility.--Funding and conducting
surface transportation research and technology transfer
activities shall be considered a basic responsibility
of the Federal Government when the work--
(A) is of national significance;
(B) delivers a clear public benefit and
occurs where private sector investment is less
than optimal;
(C) supports a Federal stewardship role in
assuring that State and local governments use
national resources efficiently;
(D) meets and addresses current or emerging
needs;
(E) addresses current gaps in research;
(F) presents the best means to align
resources with multiyear plans and priorities;
(G) ensures the coordination of highway
research and technology transfer activities,
including through activities performed by
university transportation centers;
(H) educates transportation professionals; or
(I) presents the best means to support
Federal policy goals compared to other policy
alternatives.
(4) Role.--Consistent with these Federal
responsibilities, the Secretary shall--
(A) conduct research;
(B) partner with State highway agencies and
other stakeholders as appropriate to facilitate
research and technology transfer activities;
(C) communicate the results of ongoing and
completed research;
(D) lead efforts to coordinate national
emphasis areas of highway research, technology,
and innovation deployment;
(E) leverage partnerships with industry,
academia, international entities, and State
departments of transportation;
(F) lead efforts to reduce unnecessary
duplication of effort; and
(G) lead efforts to accelerate innovation
delivery.
(5) Program content.--A surface transportation
research program shall include--
(A) fundamental, long-term highway research;
(B) research aimed at significant highway
research gaps and emerging issues with national
implications; and
(C) research related to all highway
objectives seeking to improve the performance
of the transportation system.
(6) Stakeholder input.--Federal surface
transportation research and development activities
shall address the needs of stakeholders. Stakeholders
include States, metropolitan planning organizations,
local governments, tribal governments, the private
sector, researchers, research sponsors, and other
affected parties, including public interest groups.
(7) Competition and peer review.--Except as otherwise
provided in this chapter, the Secretary shall award, to
the maximum extent practicable, all grants, contracts,
and cooperative agreements for research and development
under this chapter based on open competition and peer
review of proposals.
(8) Performance review and evaluation.--
(A) In general.--To the maximum practicable,
all surface transportation research and
development projects shall include a component
of performance measurement and evaluation.
(B) Performance measures.--Performance
measures shall be established during the
proposal stage of a research and development
project and shall, to the maximum extent
possible, be outcome-based.
(C) Program plan.--To the maximum extent
practicable, each program pursued under this
chapter shall be part of a data-driven,
outcome-oriented program plan.
(D) Availability of evaluations.--All
evaluations under this paragraph shall be made
readily available to the public.
(9) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the transportation research and
technology development strategic plan developed under
section 508.
(b) General Authority.--
(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with
respect to--
(A) motor carrier transportation;
(B) all phases of transportation planning and
development (including construction, operation,
transportation system management and
operations, modernization, development, design,
maintenance, safety, financing, and traffic
conditions); and
(C) the effect of State laws on the
activities described in subparagraphs (A) and
(B).
(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing any
material, invention, patented article, or process.
(3) Cooperation, grants, and contracts.--The
Secretary may carry out research, development, and
technology transfer activities related to
transportation--
(A) independently;
(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories; or
(C) by making grants to, or entering into
contracts and cooperative agreements with one
or more of the following: the National Academy
of Sciences, the American Association of State
Highway and Transportation Officials, any
Federal laboratory, Federal agency, State
agency, authority, association, institution,
for-profit or nonprofit corporation,
organization, foreign country, or any other
person.
(4) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the transportation research and
development strategic plan of the Secretary developed
under section 508.
(5) Funds.--
(A) Special account.--In addition to other
funds made available to carry out this chapter,
the Secretary shall use such funds as may be
deposited by any cooperating organization or
person in a special account of the Treasury
established for this purpose.
(B) Use of funds.--The Secretary shall use
funds made available to carry out this chapter
to develop, administer, communicate, and
promote the use of products of research,
development, and technology transfer programs
under this chapter.
(6) Pooled funding.--
(A) Cooperation.--To promote effective
utilization of available resources, the
Secretary may cooperate with a State and an
appropriate agency in funding research,
development, and technology transfer activities
of mutual interest on a pooled funds basis.
(B) Secretary as agent.--The Secretary may
enter into contracts, cooperative agreements,
and grants as the agent for all participating
parties in carrying out such research,
development, or technology transfer activities.
(C) Transfer of amounts among States or to
Federal Highway Administration.--The Secretary
may, at the request of a State, transfer
amounts apportioned or allocated to that State
under this chapter to another State or the
Federal Highway Administration to fund
research, development, and technology transfer
activities of mutual interest on a pooled funds
basis.
(D) Transfer of obligation authority.--
Obligation authority for amounts transferred
under this subsection shall be disbursed in the
same manner and for the same amount as provided
for the project being transferred.
(7) Prize competitions.--
(A) In general.--The Secretary may use up to
1 percent of the funds made available under
section 51001 of the Transportation Research
and Innovative Technology Act of 2012 to carry
out a program to competitively award cash
prizes to stimulate innovation in basic and
applied research and technology development
that has the potential for application to the
national transportation system.
(B) Topics.--In selecting topics for prize
competitions under this paragraph, the
Secretary shall--
(i) consult with a wide variety of
governmental and nongovernmental
representatives; and
(ii) give consideration to prize
goals that demonstrate innovative
approaches and strategies to improve
the safety, efficiency, and
sustainability of the national
transportation system.
(C) Advertising.--The Secretary shall
encourage participation in the prize
competitions through advertising efforts.
(D) Requirements and registration.--For each
prize competition, the Secretary shall publish
a notice on a public website (such as
www.challenge.gov) that describes--
(i) the subject of the competition;
(ii) the eligibility rules for
participation in the competition;
(iii) the process for participants to
register for the competition;
[(iii)] (iv) the amount of the
[prize] cash prize purse; and
[(iv)] (v) the basis on which a
winner will be selected.
(E) Eligibility.--An individual or entity may
not receive a [prize] cash prize purse under
this paragraph unless the individual or
entity--
(i) has registered to participate in
the competition pursuant to any rules
promulgated by the Secretary under this
section;
(ii) has complied with all
requirements under this paragraph;
(iii)(I) in the case of a private
entity, is incorporated in, and
maintains a primary place of business
in, the United States; or
(II) in the case of an individual,
whether participating singly or in a
group, is a citizen or permanent
resident of the United States;
(iv) is not a Federal entity or
Federal employee acting within the
scope of his or her employment; and
(v) has not received a grant to
perform research on the same issue for
which the [prize] cash prize purse is
awarded.
(F) Use of federal facilities; consultation
with federal employees.--An individual or
entity is not ineligible to receive a cash
prize purse under this paragraph as a result of
the individual or entity using a Federal
facility or consulting with a Federal employee
related to the individual or entity's
participation in a prize competition under this
paragraph unless the same facility or employee
is made available to all individuals and
entities participating in the prize competition
on an equitable basis.
[(F)] (G) Liability.--
(i) Assumption of risk.--
(I) In general.--A registered
participant shall agree to
assume any and all risks and
waive claims against the
Federal Government and its
related entities, except in the
case of willful misconduct, for
any injury, death, damage, or
loss of property, revenue, or
profits, whether direct,
indirect, or consequential,
arising from participation in a
[competition] prize competition
under this paragraph, whether
such injury, death, damage, or
loss arises through negligence
or otherwise.
(II) Related entity.--In this
subparagraph, the term
``related entity'' means a
contractor, subcontractor (at
any tier), supplier, user,
customer, cooperating party,
grantee, investigator, or
detailee.
(ii) Financial responsibility.--A
participant shall obtain liability
insurance or demonstrate financial
responsibility, in amounts determined
by the Secretary, for claims by--
(I) a third party for death,
bodily injury, or property
damage, or loss resulting from
an activity carried out in
connection with [participation
in a competition] participation
in a prize competition under
this paragraph, with the
Federal Government named as an
additional insured under the
registered participant's
insurance policy and registered
participants agreeing to
indemnify the Federal
Government against third party
claims for damages arising from
or related to [competition
activities] prize competition
activities; and
(II) the Federal Government
for damage or loss to
Government property resulting
from such an activity.
(iii) Intellectual property.--
(I) Prohibition on requiring
waiver.--The Secretary may not
require a participant to waive
claims against the Department
arising out of the unauthorized
use or disclosure by the
Department of the intellectual
property, trade secrets, or
confidential business
information of the participant.
(II) Prohibition on
government acquisition of
intellectual property rights.--
The Federal Government may not
gain an interest in
intellectual property developed
by a participant for a prize
competition under this
paragraph without the written
consent of the participant.
(III) Licenses.--The Federal
Government may negotiate a
license for the use of
intellectual property developed
by a participant for a prize
competition under this
paragraph.
[(G)] (H) Judges.--
(i) Selection.--Subject to clause
(iii), for each prize competition, the
Secretary, either directly or through
an agreement under [subparagraph (H)]
subparagraph (I), may appoint 1 or more
qualified judges to select the winner
or winners of the prize competition on
the basis of the criteria described in
subparagraph (D).
(ii) Selection.--Judges for each
competition shall include individuals
from outside the Federal Government,
including the private sector.
(iii) Limitations.--A judge selected
under this subparagraph may not--
(I) have personal or
financial interests in, or be
an employee, officer, director,
or agent of, any entity that is
a registered participant in a
prize competition under this
paragraph; or
(II) have a familial or
financial relationship with an
individual who is a registered
participant.
[(H)] (I) Administering the competition.--The
Secretary may enter into [an agreement with a
private, nonprofit entity] a grant, contract,
cooperative agreement, or other agreement with
a private sector for-profit or nonprofit entity
to administer the prize competition, subject to
the provisions of this paragraph.
[(I)] (J) Funding.--
(i) In general.--
(I) Private sector funding.--
A cash prize under this
paragraph may consist of funds
appropriated by the Federal
Government and funds provided
by [the private sector] private
sector for-profit and nonprofit
entities, to be available to
the extent provided by
appropriations Acts.
(II) Government funding.--The
Secretary may accept funds from
other Federal agencies, State
and local governments, [and
metropolitan planning
organizations] metropolitan
planning organizations, and
private sector for-profit and
nonprofit entities for a cash
prize under this paragraph.
(III) No special
consideration.--The Secretary
may not give any special
consideration to any private
sector for-profit or nonprofit
entity in return for a donation
under this subparagraph.
(ii) Availability of funds.--
Notwithstanding any other provision of
law, amounts appropriated for [prize
awards] cash prize purses under this
paragraph--
(I) shall remain available
until expended; and
(II) may not be transferred,
reprogrammed, or expended for
other purposes until after the
expiration of the 10-year
period beginning on the last
day of the fiscal year for
which the funds were originally
appropriated.
(iii) Savings provision.--Nothing in
this subparagraph may be construed to
permit the obligation or payment of
funds in violation of the Anti-
Deficiency Act (31 U.S.C. 1341).
(iv) Prize announcement.--A prize
competition may not be announced under
this paragraph until all the funds
needed to pay out the announced amount
of [the prize] the cash prize purse
have been appropriated by a
governmental source or committed to in
writing by a private source.
(v) Prize increases.--The Secretary
may increase the [amount of a prize]
amount of a cash prize purse after the
initial announcement of the prize
competition under this paragraph if--
(I) notice of the increase is
provided in the same manner as
the initial notice of the prize
competition; and
(II) the funds needed to pay
out the announced amount of the
increase have been appropriated
by a governmental source or
committed to in writing by a
private source.
(vi) Congressional notification.--A
prize competition under this paragraph
may [offer a prize] offer a cash prize
purse in an amount greater than
$1,000,000 only after 30 days have
elapsed after written notice has been
transmitted to the Committee on
Commerce, Science, and Transportation
of the Senate and the Committees on
Transportation and Infrastructure and
Science, Space, and Technology of the
House of Representatives.
(vii) Award limit.--A prize
competition under this section may not
result in the award of more than
$25,000 in [cash prizes] cash prize
purses without the approval of the
Secretary.
[(J)] (K) Compliance with existing law.--The
Federal Government shall not, by virtue of
offering [or providing a prize] a prize
competition or providing a cash prize purse
under this paragraph, be responsible for
compliance by registered participants in a
prize competition with Federal law, including
licensing, export control, and non-
proliferation laws, and related regulations.
[(K)] (L) Notice and annual report.--
(i) In general.--Not later than 30
days prior to carrying out an activity
under subparagraph (A), the Secretary
shall notify 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 of the
intent to use such authority.
(ii) Reports.--
(I) In general.--[The
Secretary] Not later than March
1 of each year, the Secretary
shall submit to the committees
described in clause (i) on an
annual basis a report on the
activities carried out under
subparagraph (A) in the
preceding fiscal year if the
Secretary exercised the
authority under subparagraph
(A) in that fiscal year.
(II) Information included.--A
report under this subparagraph
shall include, for each prize
competition under subparagraph
(A)--
(aa) a description of
the proposed goals of
the prize competition;
(bb) an analysis of
why the use of the
authority under
subparagraph (A) was
the preferable method
of achieving the goals
described in item (aa)
as opposed to other
authorities available
to the Secretary, such
as contracts, grants,
and cooperative
agreements;
(cc) the total amount
of [cash prizes] cash
prize purses awarded
for each prize
competition, including
a description of the
amount of private funds
contributed to the
program, the source of
such funds, and the
manner in which the
amounts of [cash
prizes] cash prize
purses awarded and
claimed were allocated
among the accounts of
the Department for
recording as
obligations and
expenditures;
(dd) the methods used
for the solicitation
and evaluation of
submissions under each
prize competition,
together with an
assessment of the
effectiveness of such
methods and lessons
learned for future
prize competitions;
(ee) a description of
the resources,
including personnel and
funding, used in the
execution of each prize
competition together
with a detailed
description of the
activities for which
such resources were
used and an accounting
of how funding for
execution was allocated
among the accounts of
the [agency] Department
for recording as
obligations and
expenditures; and
(ff) a description of
how each prize
competition advanced
the mission of the
Department.
(c) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the
deployment of new technology, the Secretary may carry
out, on a cost-shared basis, collaborative research and
development with--
(A) non-Federal entities, including State and
local governments, foreign governments,
colleges and universities, corporations,
institutions, partnerships, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State; and
(B) Federal laboratories.
(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the
Secretary may directly initiate contracts, cooperative
research and development agreements (as defined in
section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and
accept funds from, the Transportation Research Board of
the National Research Council of the National Academy
of Sciences, State departments of transportation,
cities, counties, and their agents to conduct joint
transportation research and technology efforts.
(3) Federal share.--
(A) In general.--The Federal share of the
cost of activities carried out under a
cooperative research and development agreement
entered into under this chapter shall not
exceed 80 percent, except that if there is
substantial public interest or benefit, the
Secretary may approve a greater Federal share.
(B) Non-Federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, and hardware development
costs, shall be credited toward the non-Federal
share of the cost of the activities described
in subparagraph (A).
(4) Use of technology.--The research, development, or
use of a technology under a cooperative research and
development agreement entered into under this chapter,
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.).
(5) Waiver of advertising requirements.--Section
6101(b) to (d) of title 41 shall not apply to a
contract or agreement entered into under this chapter.
Sec. 503. Research and technology development and deployment
(a) In General.--The Secretary shall--
(1) carry out research, development, and deployment
activities that encompass the entire innovation
lifecycle; and
(2) ensure that all research carried out under this
section aligns with the transportation research and
development strategic plan of the Secretary under
section 508.
(b) Highway Research and Development Program.--
(1) Objectives.--In carrying out the highway research
and development program, the Secretary, to address
current and emerging highway transportation needs,
shall--
(A) identify research topics;
(B) coordinate research and development
activities;
(C) carry out research, testing, and
evaluation activities; and
(D) provide technology transfer and technical
assistance.
(2) Improving highway safety.--
(A) In general.--The Secretary shall carry
out research and development activities from an
integrated perspective to establish and
implement systematic measures to improve
highway safety.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities--
(i) to achieve greater long-term
safety gains;
(ii) to reduce the number of
fatalities and serious injuries on
public roads;
(iii) to fill knowledge gaps that
limit the effectiveness of research;
(iv) to support the development and
implementation of State strategic
highway safety plans;
(v) to advance improvements in, and
use of, performance prediction analysis
for decisionmaking; and
(vi) to expand technology transfer to
partners and stakeholders.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) safety assessments and
decisionmaking tools;
(ii) data collection and analysis;
(iii) crash reduction projections;
(iv) low-cost safety countermeasures;
(v) innovative operational
improvements and designs of roadway and
roadside features;
(vi) evaluation of countermeasure
costs and benefits;
(vii) development of tools for
projecting impacts of safety
countermeasures;
(viii) rural road safety measures;
(ix) safety measures for vulnerable
road users, including bicyclists and
pedestrians;
(x) safety policy studies;
(xi) human factors studies and
measures;
(xii) safety technology deployment;
(xiii) safety workforce professional
capacity building initiatives;
(xiv) safety program and process
improvements; and
(xv) tools and methods to enhance
safety performance, including
achievement of statewide safety
performance targets.
(3) Improving infrastructure integrity.--
(A) In general.--The Secretary shall carry
out and facilitate highway and bridge
infrastructure research and development
activities--
(i) to maintain infrastructure
integrity;
(ii) to meet user needs; and
(iii) to link Federal transportation
investments to improvements in system
performance.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities--
(i) to reduce the number of
fatalities attributable to
infrastructure design characteristics
and work zones;
(ii) to improve the safety and
security of highway infrastructure;
(iii) to increase the reliability of
lifecycle performance predictions used
in infrastructure design, construction,
and management;
(iv) to improve the ability of
transportation agencies to deliver
projects that meet expectations for
timeliness, quality, and cost;
(v) to reduce user delay attributable
to infrastructure system performance,
maintenance, rehabilitation, and
construction;
(vi) to improve highway condition and
performance through increased use of
design, materials, construction, and
maintenance innovations;
(vii) to reduce the environmental
impacts of highway infrastructure
through innovations in design,
construction, operation, preservation,
and maintenance; and
(viii) to study vulnerabilities of
the transportation system to seismic
activities and extreme events and
methods to reduce those
vulnerabilities.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) long-term infrastructure
performance programs addressing
pavements, bridges, tunnels, and other
structures;
(ii) short-term and accelerated
studies of infrastructure performance;
(iii) research to develop more
durable infrastructure materials and
systems;
(iv) advanced infrastructure design
methods;
(v) accelerated highway and bridge
construction;
(vi) performance-based
specifications;
(vii) construction and materials
quality assurance;
(viii) comprehensive and integrated
infrastructure asset management;
(ix) infrastructure safety assurance;
(x) sustainable infrastructure design
and construction;
(xi) infrastructure rehabilitation
and preservation techniques, including
techniques to rehabilitate and preserve
historic infrastructure;
(xii) hydraulic, geotechnical, and
aerodynamic aspects of infrastructure;
(xiii) improved highway construction
technologies and practices;
(xiv) improved tools, technologies,
and models for infrastructure
management, including assessment and
monitoring of infrastructure condition;
(xv) studies to improve flexibility
and resiliency of infrastructure
systems to withstand climate
variability;
(xvi) studies on the effectiveness of
fiber-based additives to improve the
durability of surface transportation
materials in various geographic
regions;
(xvii) studies of infrastructure
resilience and other adaptation
measures;
(xviii) maintenance of seismic
research activities, including research
carried out in conjunction with other
Federal agencies to study the
vulnerability of the transportation
system to seismic activity and methods
to reduce that vulnerability; [and]
(xix) technology transfer and
adoption of permeable, pervious, or
porous paving materials, practices, and
systems that are designed to minimize
environmental impacts, stormwater
runoff, and flooding and to treat or
remove pollutants by allowing
stormwater to infiltrate through the
pavement in a manner similar to
predevelopment hydrologic
conditions[.]; and
(xx) corrosion prevention measures
for the structural integrity of
bridges.
(D) Lifecycle costs analysis study.--
(i) In general.--In this
subparagraph, the term ``lifecycle
costs analysis'' means a process for
evaluating the total economic worth of
a usable project segment by analyzing
initial costs and discounted future
costs, such as maintenance, user,
reconstruction, rehabilitation,
restoring, and resurfacing costs, over
the life of the project segment.
(ii) Study.--The Comptroller General
shall conduct a study of the best
practices for calculating lifecycle
costs and benefits for federally funded
highway projects, which shall include,
at a minimum, a thorough literature
review and a survey of current
lifecycle cost practices of State
departments of transportation.
(iii) Consultation.--In carrying out
the study, the Comptroller shall
consult with, at a minimum--
(I) the American Association
of State Highway and
Transportation Officials;
(II) appropriate experts in
the field of lifecycle cost
analysis; and
(III) appropriate industry
experts and research centers.
(E) Report.--Not later than 1 year after the
date of enactment of the Transportation
Research and Innovative Technology Act of 2012,
the Comptroller General shall submit to the
Committee on Environment and Public Works of
the Senate and the Committees on Transportation
and Infrastructure and Science, Space, and
Technology of the House of Representatives a
report on the results of the study which shall
include--
(i) a summary of the latest research
on lifecycle cost analysis; and
(ii) recommendations on the
appropriate--
(I) period of analysis;
(II) design period;
(III) discount rates; and
(IV) use of actual material
life and maintenance cost data.
(4) Strengthening transportation planning and
environmental decisionmaking.--
(A) In general.--The Secretary may carry out
research--
(i) to minimize the cost of
transportation planning and
environmental decisionmaking processes;
(ii) to improve transportation
planning and environmental
decisionmaking processes; and
(iii) to minimize the potential
impact of surface transportation on the
environment.
(B) Objectives.--In carrying out this
paragraph the Secretary may carry out research
and development activities--
(i) to minimize the cost of highway
infrastructure and operations;
(ii) to reduce the potential impact
of highway infrastructure and
operations on the environment;
(iii) to advance improvements in
environmental analyses and processes
and context sensitive solutions for
transportation decisionmaking;
(iv) to improve construction
techniques;
(v) to accelerate construction to
reduce congestion and related
emissions;
(vi) to reduce the impact of highway
runoff on the environment;
(vii) to improve understanding and
modeling of the factors that contribute
to the demand for transportation; and
(viii) to improve transportation
planning decisionmaking and
coordination.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) creation of models and tools for
evaluating transportation measures and
transportation system designs,
including the costs and benefits;
(ii) congestion reduction efforts;
(iii) transportation and economic
development planning in rural areas and
small communities;
(iv) improvement of State, local, and
tribal government capabilities relating
to surface transportation planning and
the environment; and
(v) streamlining of project delivery
processes.
(5) Reducing congestion, improving highway
operations, and enhancing freight productivity.--
(A) In general.--The Secretary shall carry
out research under this paragraph with the
goals of--
(i) addressing congestion problems;
(ii) reducing the costs of
congestion;
(iii) improving freight movement;
(iv) increasing productivity; and
(v) improving the economic
competitiveness of the United States.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities to
identify, develop, and assess innovations that
have the potential--
(i) to reduce traffic congestion;
(ii) to improve freight movement; and
(iii) to reduce freight-related
congestion throughout the
transportation network.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) active traffic and demand
management;
(ii) acceleration of the
implementation of Intelligent
Transportation Systems technology;
(iii) advanced transportation
concepts and analysis;
(iv) arterial management and traffic
signal operation;
(v) congestion pricing;
(vi) corridor management;
(vii) emergency operations;
(viii) research relating to enabling
technologies and applications;
(ix) freeway management;
(x) evaluation of enabling
technologies;
(xi) impacts of vehicle size and
weight on congestion;
(xii) freight operations and
technology;
(xiii) operations and freight
performance measurement and management;
(xiv) organization and planning for
operations;
(xv) planned special events
management;
(xvi) real-time transportation
information;
(xvii) road weather management;
(xviii) traffic and freight data and
analysis tools;
(xix) traffic control devices;
(xx) traffic incident management;
(xxi) work zone management;
(xxii) communication of travel,
roadway, and emergency information to
persons with disabilities;
(xxiii) research on enhanced mode
choice and intermodal connectivity;
(xxiv) techniques for estimating and
quantifying public benefits derived
from freight transportation projects;
and
(xxv) other research areas to
identify and address emerging needs
related to freight transportation by
all modes.
(6) Exploratory advanced research.--The Secretary
shall carry out research and development activities
relating to exploratory advanced research--
(A) to leverage the targeted capabilities of
the Turner-Fairbank Highway Research Center to
develop technologies and innovations of
national importance; and
(B) to develop potentially transformational
solutions to improve the durability,
efficiency, environmental impact, productivity,
and safety aspects of highway and intermodal
transportation systems.
(7) Turner-Fairbank Highway Research Center.--
(A) In general.--The Secretary shall continue
to operate in the Federal Highway
Administration a Turner-Fairbank Highway
Research Center.
(B) Uses of the Center.--The Turner-Fairbank
Highway Research Center shall support--
(i) the conduct of highway research
and development relating to emerging
highway technology;
(ii) the development of
understandings, tools, and techniques
that provide solutions to complex
technical problems through the
development of economical and
environmentally sensitive designs,
efficient and quality-controlled
construction practices, and durable
materials;
(iii) the development of innovative
highway products and practices; and
(iv) the conduct of long-term, high-
risk research to improve the materials
used in highway infrastructure.
(8) Infrastructure investment needs report.--
(A) In general.--Not later than July 31,
2013, and July 31 of every second year
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 estimates of
the future highway and bridge needs of the
United States and the backlog of current
highway and bridge needs.
(B) Comparisons.--Each report under
subparagraph (A) shall include all information
necessary to relate and compare the conditions
and service measures used in the previous
biennial reports to conditions and service
measures used in the current report.
(C) Inclusions.--Each report under
subparagraph (A) shall provide recommendations
to Congress on changes to the highway
performance monitoring system that address--
(i) improvements to the quality and
standardization of data collection on
all functional classifications of
Federal-aid highways for accurate
system length, lane length, and
vehicle-mile of travel; and
(ii) changes to the reporting
requirements authorized under section
315, to reflect recommendations under
this paragraph for collection, storage,
analysis, reporting, and display of
data for Federal-aid highways and, to
the maximum extent practical, all
public roads.
(c) Technology and Innovation Deployment Program.--
(1) In general.--The Secretary shall carry out a
technology and innovation deployment program relating
to all aspects of highway transportation, including
planning, financing, operation, structures, materials,
pavements, environment, construction, and the duration
of time between project planning and project delivery,
with the goals of--
(A) significantly accelerating the adoption
of innovative technologies by the surface
transportation community;
(B) providing leadership and incentives to
demonstrate and promote state-of-the-art
technologies, elevated performance standards,
and new business practices in highway
construction processes that result in improved
safety, faster construction, reduced congestion
from construction, and improved quality and
user satisfaction;
(C) constructing longer-lasting highways
through the use of innovative technologies and
practices that lead to faster construction of
efficient and safe highways and bridges;
(D) improving highway efficiency, safety,
mobility, reliability, service life,
environmental protection, and sustainability;
and
(E) developing and deploying new tools,
techniques, and practices to accelerate the
adoption of innovation in all aspects of
highway transportation.
(2) Implementation.--
(A) In general.--The Secretary shall promote,
facilitate, and carry out the program
established under paragraph (1) to distribute
the products, technologies, tools, methods, or
other findings that result from highway
research and development activities, including
research and development activities carried out
under this chapter.
(B) Accelerated innovation deployment.--In
carrying out the program established under
paragraph (1), the Secretary shall--
(i) establish and carry out
demonstration programs;
(ii) provide technical assistance,
and training to researchers and
developers; and
(iii) develop improved tools and
methods to accelerate the adoption of
proven innovative practices and
technologies as standard practices.
(C) Implementation of future strategic
highway research program findings and
results.--
(i) In general.--The Secretary, in
consultation with the American
Association of State Highway and
Transportation Officials and the
Transportation Research Board of the
National Academy of Sciences, shall
promote research results and products
developed under the future strategic
highway research program administered
by the Transportation Research Board of
the National Academy of Sciences.
(ii) Basis for findings.--The
activities carried out under this
subparagraph shall be based on the
report submitted to Congress by the
Transportation Research Board of the
National Academy of Sciences under
section 510(e).
(iii) Personnel.--The Secretary may
use funds made available to carry out
this subsection for administrative
costs under this subparagraph.
(3) Accelerated implementation and deployment of
pavement technologies.--
(A) In general.--The Secretary shall
establish and implement a program under the
technology and innovation deployment program to
promote, implement, deploy, demonstrate,
showcase, support, and document the application
of innovative pavement technologies, practices,
performance, and benefits.
(B) Goals.--The goals of the accelerated
implementation and deployment of pavement
technologies program shall include--
(i) the deployment of new, cost-
effective designs, materials, recycled
materials, and practices to extend the
pavement life and performance and to
improve user satisfaction;
(ii) the reduction of initial costs
and lifecycle costs of pavements,
including the costs of new
construction, replacement, maintenance,
and rehabilitation;
(iii) the deployment of accelerated
construction techniques to increase
safety and reduce construction time and
traffic disruption and congestion;
(iv) the deployment of engineering
design criteria and specifications for
new and efficient practices, products,
and materials for use in highway
pavements;
(v) the deployment of new
nondestructive and real- time pavement
evaluation technologies and
construction techniques; and
(vi) effective technology transfer
and information dissemination to
accelerate implementation of new
technologies and to improve life,
performance, cost effectiveness,
safety, and user satisfaction.
(C) Funding.--The Secretary shall obligate
for each of fiscal years [2013 through 2014]
2016 through 2021 from funds made available to
carry out this subsection $12,000,000 to
accelerate the deployment and implementation of
pavement technology.
(D) Publication.--The Secretary shall make
available to the public on an Internet Web site
on an annual basis 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. The report may include an
analysis of--
(i) Federal, State, and local cost
savings;
(ii) project delivery time
improvements;
(iii) reduced fatalities; and
(iv) congestion impacts.
(4) Advanced transportation technologies
deployment.--
(A) In general.--Not later than 6 months
after the date of enactment of this paragraph,
the Secretary shall establish an advanced
transportation and congestion management
technologies deployment initiative to provide
grants to eligible entities to develop model
deployment sites for large scale installation
and operation of advanced transportation
technologies to improve safety, efficiency,
system performance, and infrastructure return
on investment.
(B) Criteria.--The Secretary shall develop
criteria for selection of an eligible entity to
receive a grant under this paragraph, including
how the deployment of technology will--
(i) reduce costs and improve return
on investments, including through the
enhanced use of existing transportation
capacity;
(ii) deliver environmental benefits
that alleviate congestion and
streamline traffic flow;
(iii) measure and improve the
operational performance of the
applicable transportation network;
(iv) reduce the number and severity
of traffic crashes and increase driver,
passenger, and pedestrian safety;
(v) collect, disseminate, and use
real-time traffic, transit, parking,
and other transportation-related
information to improve mobility, reduce
congestion, and provide for more
efficient and accessible
transportation;
(vi) monitor transportation assets to
improve infrastructure management,
reduce maintenance costs, prioritize
investment decisions, and ensure a
state of good repair;
(vii) deliver economic benefits by
reducing delays, improving system
performance, and providing for the
efficient and reliable movement of
goods and services; or
(viii) accelerate the deployment of
vehicle-to-vehicle, vehicle-to-
infrastructure, autonomous vehicles,
and other technologies.
(C) Applications.--
(i) Request.--Not later than 6 months
after the date of enactment of this
paragraph, and for every fiscal year
thereafter, the Secretary shall request
applications in accordance with clause
(ii).
(ii) Contents.--An application
submitted under this subparagraph shall
include the following:
(I) Plan.--A plan to deploy
and provide for the long-term
operation and maintenance of
advanced transportation and
congestion management
technologies to improve safety,
efficiency, system performance,
and return on investment.
(II) Objectives.--
Quantifiable system performance
improvements, such as--
(aa) reducing
traffic-related
crashes, congestion,
and costs;
(bb) optimizing
system efficiency; and
(cc) improving access
to transportation
services.
(III) Results.--Quantifiable
safety, mobility, and
environmental benefit
projections such as data-driven
estimates of how the project
will improve the region's
transportation system
efficiency and reduce traffic
congestion.
(IV) Partnerships.--A plan
for partnering with the private
sector or public agencies,
including multimodal and
multijurisdictional entities,
research institutions,
organizations representing
transportation and technology
leaders, or other
transportation stakeholders.
(V) Leveraging.--A plan to
leverage and optimize existing
local and regional advanced
transportation technology
investments.
(D) Grant selection.--
(i) Grant awards.--Not later than 1
year after the date of enactment of
this paragraph, and for every fiscal
year thereafter, the Secretary shall
award grants to not less than 5 and not
more than 8 eligible entities.
(ii) Geographic diversity.--In
awarding a grant under this paragraph,
the Secretary shall ensure, to the
extent practicable, that grant
recipients represent diverse geographic
areas of the United States.
(E) Use of grant funds.--A grant recipient
may use funds awarded under this paragraph to
deploy advanced transportation and congestion
management technologies, including--
(i) advanced traveler information
systems;
(ii) advanced transportation
management technologies;
(iii) infrastructure maintenance,
monitoring, and condition assessment;
(iv) advanced public transportation
systems;
(v) transportation system performance
data collection, analysis, and
dissemination systems;
(vi) advanced safety systems,
including vehicle-to-vehicle and
vehicle-to-infrastructure
communications, technologies associated
with autonomous vehicles, and other
collision avoidance technologies,
including systems using cellular
technology;
(vii) integration of intelligent
transportation systems with the Smart
Grid and other energy distribution and
charging systems;
(viii) electronic pricing and payment
systems; or
(ix) advanced mobility and access
technologies, such as dynamic
ridesharing and information systems to
support human services for elderly and
disabled individuals.
(F) Report to secretary.--Not later than 1
year after an eligible entity receives a grant
under this paragraph, and each year thereafter,
the entity shall submit a report to the
Secretary that describes--
(i) deployment and operational costs
of the project compared to the benefits
and savings the project provides; and
(ii) how the project has met the
original expectations projected in the
deployment plan submitted with the
application, such as--
(I) data on how the project
has helped reduce traffic
crashes, congestion, costs, and
other benefits of the deployed
systems;
(II) data on the effect of
measuring and improving
transportation system
performance through the
deployment of advanced
technologies;
(III) the effectiveness of
providing real-time integrated
traffic, transit, and
multimodal transportation
information to the public to
make informed travel decisions;
and
(IV) lessons learned and
recommendations for future
deployment strategies to
optimize transportation
efficiency and multimodal
system performance.
(G) Report.--Not later than 3 years after the
date that the first grant is awarded under this
paragraph, and each year thereafter, the
Secretary shall make available to the public on
an Internet Web site a report that describes
the effectiveness of grant recipients in
meeting their projected deployment plans,
including data provided under subparagraph (F)
on how the program has--
(i) reduced traffic-related
fatalities and injuries;
(ii) reduced traffic congestion and
improved travel time reliability;
(iii) reduced transportation-related
emissions;
(iv) optimized multimodal system
performance;
(v) improved access to transportation
alternatives;
(vi) provided the public with access
to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions;
(vii) provided cost savings to
transportation agencies, businesses,
and the traveling public; or
(viii) provided other benefits to
transportation users and the general
public.
(H) Additional grants.--The Secretary may
cease to provide additional grant funds to a
recipient of a grant under this paragraph if--
(i) the Secretary determines from
such recipient's report that the
recipient is not carrying out the
requirements of the grant; and
(ii) the Secretary provides written
notice 60 days prior to withholding
funds to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Environment and Public
Works of the Senate.
(I) Funding.--
(i) In general.--From funds made
available to carry out section 503(b),
this subsection, and sections 512
through 518, the Secretary shall set
aside for grants awarded under
subparagraph (D) $75,000,000 for each
of fiscal years 2016 through 2021.
(ii) Expenses for the secretary.--Of
the amounts set aside under clause (i),
the Secretary may set aside $2,000,000
each fiscal year for program reporting,
evaluation, and administrative costs
related to this paragraph.
(J) Federal share.--The Federal share of the
cost of a project for which a grant is awarded
under this subsection shall not exceed 50
percent of the cost of the project.
(K) Grant limitation.--The Secretary may not
award more than 20 percent of the amount
described under subparagraph (I) in a fiscal
year to a single grant recipient.
(L) Expenses for grant recipients.--A grant
recipient under this paragraph may use not more
than 5 percent of the funds awarded each fiscal
year to carry out planning and reporting
requirements.
(M) Grant flexibility.--
(i) In general.--If, by August 1 of
each fiscal year, the Secretary
determines that there are not enough
grant applications that meet the
requirements described in subparagraph
(C) to carry out this section for a
fiscal year, the Secretary shall
transfer to the programs specified in
clause (ii)--
(I) any of the funds reserved
for the fiscal year under
subparagraph (I) that the
Secretary has not yet awarded
under this paragraph; and
(II) an amount of obligation
limitation equal to the amount
of funds that the Secretary
transfers under subclause (I).
(ii) Programs.--The programs referred
to in clause (i) are--
(I) the program under section
503(b);
(II) the program under
section 503(c); and
(III) the programs under
sections 512 through 518.
(iii) Distribution.--Any transfer of
funds and obligation limitation under
clause (i) shall be divided among the
programs referred to in that clause in
the same proportions as the Secretary
originally reserved funding from the
programs for the fiscal year under
subparagraph (I).
(N) Definitions.--In this paragraph, the
following definitions apply:
(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, locals governments,
metropolitan planning agencies, transit
agencies, or other political
subdivisions of a State for which each
member of the group--
(I) has signed a written
agreement to implement the
advanced transportation
technologies deployment
initiative across
jurisdictional boundaries; and
(II) is an eligible entity
under this paragraph.
Sec. 504. Training and education
(a) National Highway Institute.--
(1) In general.--The Secretary shall operate in the
Federal Highway Administration a National Highway
Institute (in this subsection referred to as the
``Institute''). The Secretary shall administer, through
the Institute, the authority vested in the Secretary by
this title or by any other law for the development and
conduct of education and training programs relating to
highways.
(2) Duties of the institute.--In cooperation with
State transportation departments, United States
industry, and any national or international entity, the
Institute shall develop and administer education and
training programs of instruction for--
(A) Federal Highway Administration, State,
and local transportation agency employees and
the employees of any other applicable Federal
agency;
(B) regional, State, and metropolitan
planning organizations;
(C) State and local police, public safety,
and motor vehicle employees; and
(D) United States citizens and foreign
nationals engaged or to be engaged in surface
transportation work of interest to the United
States.
(3) Courses.--
(A) In general.--The Institute shall--
(i) develop or update existing
courses in asset management, including
courses that include such components
as--
(I) the determination of
life-cycle costs;
(II) the valuation of assets;
(III) benefit-to-cost ratio
calculations; and
(IV) objective decisionmaking
processes for project
selection; and
(ii) continually develop courses
relating to the application of emerging
technologies for--
(I) transportation
infrastructure applications and
asset management;
(II) intelligent
transportation systems;
(III) operations (including
security operations);
(IV) the collection and
archiving of data;
(V) reducing the amount of
time required for the planning
and development of
transportation projects; and
(VI) the intermodal movement
of individuals and freight.
(B) Additional courses.--In addition to the
courses developed under subparagraph (A), the
Institute, in consultation with State
transportation departments, metropolitan
planning organizations, and the American
Association of State Highway and Transportation
Officials, may develop courses relating to
technology, methods, techniques, engineering,
construction, safety, maintenance,
environmental mitigation and compliance,
regulations, management, inspection, and
finance.
(C) Revision of courses offered.--The
Institute shall periodically--
(i) review the course inventory of
the Institute; and
(ii) revise or cease to offer courses
based on course content, applicability,
and need.
(4) Set-aside; federal share.--Not to exceed 1/2 of 1
percent of the funds apportioned to a State under
section [104(b)(3)] 104(b)(2) for the [surface
transportation program] surface transportation block
grant program shall be available for expenditure by the
State transportation department for the payment of not
to exceed 80 percent of the cost of tuition and direct
educational expenses (excluding salaries) in connection
with the education and training of employees of State
and local transportation agencies in accordance with
this subsection.
(5) Federal responsibility.--
(A) In general.--Except as provided in
subparagraph (B), education and training of
employees of Federal, State, and local
transportation (including highway) agencies
authorized under this subsection may be
provided--
(i) by the Secretary at no cost to
the States and local governments if the
Secretary determines that provision at
no cost is in the public interest; or
(ii) by the State through grants,
cooperative agreements, and contracts
with public and private agencies,
institutions, individuals, and the
Institute.
(B) Payment of full cost by private
persons.--Private agencies, international or
foreign entities, and individuals shall pay the
full cost of any education and training
received by them unless the Secretary
determines that a lower cost is of critical
importance to the public interest.
(6) Training fellowships; cooperation.--The Institute
may--
(A) engage in training activities authorized
under this subsection, including the granting
of training fellowships; and
(B) carry out its authority independently or
in cooperation with any other branch of the
Federal Government or any State agency,
authority, association, institution, for-profit
or nonprofit corporation, other national or
international entity, or other person.
(7) Collection of fees.--
(A) General rule.--In accordance with this
subsection, the Institute may assess and
collect fees solely to defray the costs of the
Institute in developing or administering
education and training programs under this
subsection.
(B) Limitation.--Fees may be assessed and
collected under this subsection only in a
manner that may reasonably be expected to
result in the collection of fees during any
fiscal year in an aggregate amount that does
not exceed the aggregate amount of the costs
referred to in subparagraph (A) for the fiscal
year.
(C) Persons subject to fees.--Fees may be
assessed and collected under this subsection
only with respect to--
(i) persons and entities for whom
education or training programs are
developed or administered under this
subsection; and
(ii) persons and entities to whom
education or training is provided under
this subsection.
(D) Amount of fees.--The fees assessed and
collected under this subsection shall be
established in a manner that ensures that the
liability of any person or entity for a fee is
reasonably based on the proportion of the costs
referred to in subparagraph (A) that relate to
the person or entity.
(E) Use.--All fees collected under this
subsection shall be used to defray costs
associated with the development or
administration of education and training
programs authorized under this subsection.
(8) Relation to fees.--The funds made available to
carry out this subsection may be combined with or held
separate from the fees collected under paragraph (7).
(b) Local Technical Assistance Program.--
(1) Authority.--The Secretary shall carry out a local
technical assistance program that will provide access
to surface transportation technology to--
(A) highway and transportation agencies in
urbanized and rural areas;
(B) contractors that perform work for the
agencies; and
(C) infrastructure security staff.
(2) Grants, cooperative agreements, and contracts.--
The Secretary may make grants and enter into
cooperative agreements and contracts to provide
education and training, technical assistance, and
related support services to--
(A) assist rural, local transportation
agencies and tribal governments, and the
consultants and construction personnel working
for the agencies and governments, to--
(i) develop and expand expertise in
road and transportation areas
(including pavement, bridge, concrete
structures, intermodal connections,
safety management systems, intelligent
transportation systems, incident
response, operations, and traffic
safety countermeasures);
(ii) improve roads and bridges;
(iii) enhance--
(I) programs for the movement
of passengers and freight; and
(II) intergovernmental
transportation planning and
project selection; and
(iv) deal effectively with special
transportation- related problems by
preparing and providing training
packages, manuals, guidelines, and
technical resource materials;
(B) develop technical assistance for tourism
and recreational travel;
(C) identify, package, and deliver
transportation technology and traffic safety
information to local jurisdictions to assist
urban transportation agencies in developing and
expanding their ability to deal effectively
with transportation-related problems
(particularly the promotion of regional
cooperation);
(D) operate, in cooperation with State
transportation departments and universities--
(i) local technical assistance
program centers designated to provide
transportation technology transfer
services to rural areas and to
urbanized areas; and
(ii) local technical assistance
program centers designated to provide
transportation technical assistance to
tribal governments; and
(E) allow local transportation agencies and
tribal governments, in cooperation with the
private sector, to enhance new technology
implementation.
(3) Federal share.--
(A) Local technical assistance centers.--
(i) In general.--Subject to
subparagraph (B), the Federal share of
the cost of an activity carried out by
a local technical assistance center
under paragraphs (1) and (2) shall be
50 percent.
(ii) Non-Federal share.--The non-
Federal share of the cost of an
activity described in clause (i) may
consist of amounts provided to a
recipient under subsection (e) or
section 505, up to 100 percent of the
non-Federal share.
(B) Tribal technical assistance centers.--The
Federal share of the cost of an activity
carried out by a tribal technical assistance
center under paragraph (2)(D)(ii) shall be 100
percent.
(c) Research Fellowships.--
(1) General authority.--The Secretary, acting either
independently or in cooperation with other Federal
departments, agencies, and instrumentalities, may make
grants for research fellowships for any purpose for
which research is authorized by this chapter.
(2) Dwight David Eisenhower transportation fellowship
program.--
(A) In general.--The Secretary shall
establish and implement a transportation
research fellowship program for the purpose of
attracting qualified students to the field of
transportation, which program shall be known as
the ``Dwight David Eisenhower Transportation
Fellowship Program''.
(B) Use of amounts.--Amounts provided to
institutions of higher education to carry out
this paragraph shall be used to provide direct
support of student expenses.
(d) Garrett A. Morgan Technology and Transportation Education
Program.--
(1) In general.--The Secretary shall establish the
Garrett A. Morgan Technology and Transportation
Education Program to improve the preparation of
students, particularly women and minorities, in
science, technology, engineering, and mathematics
through curriculum development and other activities
related to transportation.
(2) Authorized activities.--The Secretary shall award
grants under this subsection on the basis of
competitive peer review. Grants awarded under this
subsection may be used for enhancing science,
technology, engineering, and mathematics at the
elementary and secondary school level through such
means as--
(A) internships that offer students
experience in the transportation field;
(B) programs that allow students to spend
time observing scientists and engineers in the
transportation field; and
(C) developing relevant curriculum that uses
examples and problems related to
transportation.
(3) Application and review procedures.--
(A) In general.--An entity described in
subparagraph (C) seeking funding under this
subsection shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require. Such application, at a minimum,
shall include a description of how the funds
will be used to serve the purposes described in
paragraph (2).
(B) Priority.--In making awards under this
subsection, the Secretary shall give priority
to applicants that will encourage the
participation of women and minorities.
(C) Eligibility.--Local educational agencies
and State educational agencies, which may enter
into a partnership agreement with institutions
of higher education, businesses, or other
entities, shall be eligible to apply for grants
under this subsection.
(4) Definitions.--In this subsection, the following
definitions apply:
(A) Institution of higher education.--The
term ``institution of higher education'' has
the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
(B) Local educational agency.--The term
``local educational agency'' has the meaning
given that term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(C) State educational agency.--The term
``State educational agency'' has the meaning
given that term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(e) Surface Transportation Workforce Development, Training,
and Education.--
(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to
the State under paragraphs (1) through (4) of section
104(b) for surface transportation workforce
development, training, and education, including--
(A) tuition and direct educational expenses,
excluding salaries, in connection with the
education and training of employees of State
and local transportation agencies;
(B) employee professional development;
(C) student internships;
(D) university or community college support;
(E) education activities, including outreach,
to develop interest and promote participation
in surface transportation careers;
(F) activities carried out by the National
Highway Institute under subsection (a); and
(G) local technical assistance programs under
subsection (b).
(2) Federal share.--The Federal share of the cost of
activities carried out in accordance with this
subsection shall be 100 percent, except for activities
carried out under paragraph (1)(G), for which the
Federal share shall be 50 percent.
(3) Surface transportation workforce development,
training, and education defined.--In this subsection,
the term ``surface transportation workforce
development, training, and education'' means activities
associated with surface transportation career
awareness, student transportation career preparation,
and training and professional development for surface
transportation workers, including activities for women
and minorities.
(f) Transportation Education Development Program.--
(1) Establishment.--The Secretary shall establish a
program to make grants to institutions of higher
education that, in partnership with industry or State
departments of transportation, will develop, test, and
revise new curricula and education programs to train
individuals at all levels of the transportation
workforce.
(2) Selection of grant recipients.--In selecting
applications for awards under this subsection, the
Secretary shall consider--
(A) the degree to which the new curricula or
education program meets the specific needs of a
segment of the transportation industry, States,
or regions;
(B) providing for practical experience and
on-the-job training;
(C) proposals oriented toward practitioners
in the field rather than the support and growth
of the research community;
(D) the degree to which the new curricula or
program will provide training in areas other
than engineering, such as business
administration, economics, information
technology, environmental science, and law;
(E) programs or curricula in nontraditional
departments that train professionals for work
in the transportation field, such as materials,
information technology, environmental science,
urban planning, and industrial technology; and
(F) the commitment of industry or a State's
department of transportation to the program.
(3) Limitations.--The amount of a grant under this
subsection shall not exceed $300,000 per year. After a
recipient has received 3 years of Federal funding under
this subsection, Federal funding may equal not more
than 75 percent of a grantee's program costs.
(g) Freight Capacity Building Program.--
(1) Establishment.--The Secretary shall establish a
freight planning capacity building initiative to
support enhancements in freight transportation planning
in order to--
(A) better target investments in freight
transportation systems to maintain efficiency
and productivity; and
(B) strengthen the decisionmaking capacity of
State transportation departments and local
transportation agencies with respect to freight
transportation planning and systems.
(2) Agreements.--The Secretary shall enter into
agreements to support and carry out administrative and
management activities relating to the governance of the
freight planning capacity initiative.
(3) Stakeholder involvement.--In carrying out this
section, the Secretary shall consult with the
Association of Metropolitan Planning Organizations, the
American Association of State Highway and
Transportation Officials, and other freight planning
stakeholders, including the other Federal agencies,
State transportation departments, local governments,
nonprofit entities, academia, and the private sector.
(4) Eligible activities.--The freight planning
capacity building initiative shall include research,
training, and education in the following areas:
(A) The identification and dissemination of
best practices in freight transportation.
(B) Providing opportunities for freight
transportation staff to engage in peer
exchange.
(C) Refinement of data and analysis tools
used in conjunction with assessing freight
transportation needs.
(D) Technical assistance to State
transportation departments and local
transportation agencies reorganizing to address
freight transportation issues.
(E) Facilitating relationship building
between governmental and private entities
involved in freight transportation.
(F) Identifying ways to target the capacity
of State transportation departments and local
transportation agencies to address freight
considerations in operations, security, asset
management, and environmental stewardship in
connection with long-range multimodal
transportation planning and project
implementation.
(5) Federal share.--The Federal share of the cost of
an activity carried out under this section shall be up
to 100 percent, and such funds shall remain available
until expended.
(6) Use of funds.--Funds made available for the
program established under this subsection may be used
for research, program development, information
collection and dissemination, and technical assistance.
The Secretary may use such funds independently or make
grants or to and enter into contracts and cooperative
agreements with a Federal agency, State agency, local
agency, federally recognized Indian tribal government
or tribal consortium, authority, association, nonprofit
or for-profit corporation, or institution of higher
education, to carry out the purposes of this
subsection.
(h) Centers for Surface Transportation Excellence.--
(1) In general.--The Secretary shall make grants under this
section to establish and maintain centers for surface
transportation excellence.
(2) Goals.--The goals of a center referred to in paragraph
(1) shall be to promote and support strategic national surface
transportation programs and activities relating to the work of
State departments of transportation in the areas of
environment, surface transportation safety, rural safety, and
project finance.
(3) Role of the Centers.--To achieve the goals set forth in
paragraph (2), any centers established under paragraph (1)
shall provide technical assistance, information sharing of best
practices, and training in the use of tools and decisionmaking
processes that can assist States in effectively implementing
surface transportation programs, projects, and policies.
(4) Program administration.--
(A) Competition.--A party entering into a contract,
cooperative agreement, or other transaction with the
Secretary under this subsection, or receiving a grant
to perform research or provide technical assistance
under this subsection, shall be selected on a
competitive basis.
(B) Strategic plan.--The Secretary shall require each
center to develop a multiyear strategic plan, that--
(i) is submitted to the Secretary at such
time as the Secretary requires; and
(ii) describes--
(I) the activities to be undertaken
by the center; and
(II) how the work of the center will
be coordinated with the activities of
the Federal Highway Administration and
the various other research,
development, and technology transfer
activities authorized under this
chapter.
* * * * * * *
Sec. 514. Goals and purposes
(a) Goals.--The goals of the intelligent transportation
system program include--
(1) enhancement of surface transportation efficiency
and facilitation of intermodalism and international
trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services and to reduce regulatory, financial, and other
transaction costs to public agencies and system users;
(2) achievement of national transportation safety
goals, including enhancement of safe operation of motor
vehicles and nonmotorized vehicles and improved
emergency response to collisions, with particular
emphasis on decreasing the number and severity of
collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
(4) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial motor vehicles, passenger motor vehicles,
motorcycles, bicycles, and pedestrians (including
individuals with disabilities); [and]
(5) enhancement of national defense mobility and
improvement of the ability of the United States to
respond to security-related or other manmade
emergencies and natural disasters[.]; and
(6) enhancement of the national freight system and
support to national freight policy goals by conducting
heavy duty vehicle demonstration activities and
accelerating adoption of intelligent transportation
system applications in freight operations.
(b) Purposes.--The Secretary shall implement activities under
the intelligent transportation system program, at a minimum--
(1) to expedite, in both metropolitan and rural
areas, deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
(2) to ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in
the transportation planning process;
(3) to improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
(4) to promote the innovative use of private
resources in support of intelligent transportation
system development;
(5) to facilitate, in cooperation with the motor
vehicle industry, the introduction of vehicle-based
safety enhancing systems;
(6) to support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
(7) to develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems;
(8) to provide continuing support for operations and
maintenance of intelligent transportation systems;
[and]
(9) to ensure a systems approach that includes
cooperation among vehicles, infrastructure, and
users[.]; and
(10) to assist in the development of cybersecurity
standards 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. 515. General authorities and requirements
(a) Scope.--Subject to the provisions of this chapter, the
Secretary shall conduct an ongoing intelligent transportation
system program--
(1) to research, develop, and operationally test
intelligent transportation systems; and
(2) to provide technical assistance in the nationwide
application of those systems as a component of the
surface transportation systems of the United States.
(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to this chapter
shall encourage and not displace public-private partnerships or
private sector investment in those tests and projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the private sector
firms of the United States, the Federal laboratories, and
institutions of higher education, including historically Black
colleges and universities and other minority institutions of
higher education.
(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary shall
consult with the heads of other Federal agencies, as
appropriate.
(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this
chapter; and
(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
(2) Agreement.--
(A) In general.--The Secretary may enter into
an agreement with a third party for the
maintenance of the repository for technical and
safety data under paragraph (1)(A).
(B) Federal financial assistance.--If the
Secretary enters into an agreement with an
entity for the maintenance of the repository,
the entity shall be eligible for Federal
financial assistance under this section.
(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555
of title 5, United States Code.
(h) Advisory Committee.--
(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying
out this chapter.
(2) Membership.--The Advisory Committee shall have no
more than 20 members, be balanced between metropolitan
and rural interests, and include, at a minimum--
(A) a representative from a State highway
department;
(B) a representative from a local highway
department who is not from a metropolitan
planning organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a metropolitan
planning organization;
(E) a private sector user of intelligent
transportation system technologies;
(F) an academic researcher with expertise in
computer science or another information science
field related to intelligent transportation
systems, and who is not an expert on
transportation issues;
(G) an academic researcher who is a civil
engineer;
(H) an academic researcher who is a social
scientist with expertise in transportation
issues;
(I) a representative from a nonprofit group
representing the intelligent transportation
system industry;
(J) a representative from a public interest
group concerned with safety;
(K) a representative from a public interest
group concerned with the impact of the
transportation system on land use and
residential patterns; and
(L) members with expertise in planning,
safety, telecommunications, utilities, and
operations.
(3) Duties.--The Advisory Committee shall, at a
minimum, perform the following duties:
(A) Provide input into the development of the
intelligent transportation system aspects of
the strategic plan under section 508.
(B) Review, at least annually, areas of
intelligent transportation systems research
being considered for funding by the Department,
to determine--
(i) whether these activities are
likely to advance either the state-of-
the-practice or state-of-the-art in
intelligent transportation systems;
(ii) whether the intelligent
transportation system technologies are
likely to be deployed by users, and if
not, to determine the barriers to
deployment; and
(iii) the appropriate roles for
government and the private sector in
investing in the research and
technologies being considered.
(4) Report.--Not later than [February 1 of each year
after the date of enactment of the Transportation
Research and Innovative Technology Act of 2012] May 1
of each year, the Secretary shall [submit to Congress]
make available to the public on a Department of
Transportation Web site a report that includes--
(A) all recommendations made by the Advisory
Committee during the preceding calendar year;
(B) an explanation of the manner in which the
Secretary has implemented those
recommendations; and
(C) for recommendations not implemented, the
reasons for rejecting the recommendations.
(5) Applicability of Federal Advisory Committee
Act.--The Advisory Committee shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(i) Reporting.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue
guidelines and requirements for the reporting
and evaluation of operational tests and
deployment projects carried out under this
chapter.
(B) Objectivity and independence.--The
guidelines and requirements issued under
subparagraph (A) shall include provisions to
ensure the objectivity and independence of the
reporting entity so as to avoid any real or
apparent conflict of interest or potential
influence on the outcome by parties to any such
test or deployment project or by any other
formal evaluation carried out under this
chapter.
(C) Funding.--The guidelines and requirements
issued under subparagraph (A) shall establish
reporting funding levels based on the size and
scope of each test or project that ensure
adequate reporting of the results of the test
or project.
(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the reporting of any test, deployment
project, or program assessment activity under this
chapter shall not be subject to chapter 35 of title 44,
United States Code.
* * * * * * *
Sec. 517. National architecture and standards
(a) In General.--
(1) Development, implementation, and maintenance.--In
accordance with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783; 115 Stat. 1241), the
Secretary shall develop and maintain a national ITS
architecture and supporting ITS standards and protocols
to promote the use of systems engineering methods in
the widespread deployment and evaluation of intelligent
transportation systems as a component of the surface
transportation systems of the United States.
(2) Interoperability and efficiency.--To the maximum
extent practicable, the national ITS architecture and
supporting ITS standards and protocols shall promote
interoperability among, and efficiency of, intelligent
transportation systems and technologies implemented
throughout the United States.
(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall support
the development and maintenance of standards and
protocols using the services of such standards
development organizations as the Secretary determines
to be necessary and whose [memberships are comprised
of, and represent,] memberships include representatives
of the surface transportation and intelligent
transportation systems industries.
(b) Standards for National Policy Implementation.--If the
Secretary finds that a standard is necessary for implementation
of a nationwide policy relating to user fee collection or other
capability requiring nationwide uniformity, the Secretary,
after consultation with stakeholders, may establish and require
the use of that standard.
(c) Provisional Standards.--
(1) In general.--If the Secretary finds that the
development or balloting of an intelligent
transportation system standard jeopardizes the timely
achievement of the objectives described in subsection
(a), the Secretary may establish a provisional
standard, after consultation with affected parties,
using, to the maximum extent practicable, the work
product of appropriate standards development
organizations.
(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in
the Federal Register and remain in effect until the
appropriate standards development organization adopts
and publishes a standard.
(d) Conformity With National Architecture.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall ensure that intelligent
transportation system projects carried out using
amounts made available from the Highway Trust Fund,
including amounts made available to deploy intelligent
transportation systems, conform to the appropriate
regional ITS architecture, applicable standards, and
protocols developed under subsection (a) or (c).
(2) Discretion of the Secretary.--The Secretary, at
the discretion of the Secretary, may offer an exemption
from paragraph (1) for projects designed to achieve
specific research objectives outlined in the national
intelligent transportation system program plan or the
surface transportation research and development
strategic plan developed under section 508.
Sec. 518. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment
(a) In General.--[Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
Committees on Commerce, Science, and Transportation and
Environment and Public Works of the Senate and the Committees
on Transportation and Infrastructure, Energy and Commerce, and
Science, Space, and Technology of the House of Representatives]
Not later than July 6, 2016, the Secretary shall make available
to the public on a Department of Transportation Web site a
report that--
(1) assesses the status of dedicated short-range
communications technology and applications developed
through research and development;
(2) analyzes the known and potential gaps in short-
range communications technology and applications;
(3) defines a recommended implementation path for
dedicated short-range communications technology and
applications that--
(A) is based on the assessment described in
paragraph (1); and
(B) takes into account the analysis described
in paragraph (2);
(4) includes guidance on the relationship of the
proposed deployment of dedicated short-range
communications to the National ITS Architecture and ITS
Standards; and
(5) ensures competition by not preferencing the use
of any particular frequency for vehicle to
infrastructure operations.
(b) Report Review.--The Secretary shall enter into agreements
with the National Research Council and an independent third
party with subject matter expertise for the review of the
report described in subsection (a).
Sec. 519. Infrastructure development
Funds made available to carry out this chapter for
operational tests--
(1) shall be used primarily for the development of
intelligent transportation system infrastructure,
equipment, and systems; and
(2) to the maximum extent practicable, shall not be
used for the construction of physical surface
transportation infrastructure unless the construction
is incidental and critically necessary to the
implementation of an intelligent transportation system
project.
* * * * * * *
CHAPTER 6--INFRASTRUCTURE FINANCE
* * * * * * *
Sec. 601. Generally applicable provisions
(a) Definitions.--In this chapter, the following definitions
apply:
(1) Contingent commitment.--The term ``contingent
commitment'' means a commitment to obligate an amount
from future available budget authority that is--
(A) contingent on those funds being made
available in law at a future date; and
(B) not an obligation of the Federal
Government.
(2) Eligible project costs.--The term ``eligible
project costs'' means amounts substantially all of
which are paid by, or for the account of, an obligor in
connection with a project, including the cost of--
(A) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and
other preconstruction activities;
(B) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
and
(C) capitalized interest necessary to meet
market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction.
(3) Federal credit instrument.--The term ``Federal
credit instrument'' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under this chapter with respect to a project.
(4) Investment-grade rating.--The term ``investment-
grade rating'' means a rating of BBB minus, Baa3, bbb
minus, BBB (low), or higher assigned by a rating agency
to project obligations.
(5) Lender.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation), known as
Rule 144A(a) of the Securities and Exchange Commission
and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986) that is a qualified institutional
buyer; and
(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(6) Letter of interest.--The term ``letter of
interest'' means a letter submitted by a potential
applicant prior to an application for credit assistance
in a format prescribed by the Secretary on the website
of the TIFIA program that--
(A) describes the project and the location,
purpose, and cost of the project;
(B) outlines the proposed financial plan,
including the requested credit assistance and
the proposed obligor;
(C) provides a status of environmental
review; and
(D) provides information regarding
satisfaction of other eligibility requirements
of the TIFIA program.
(7) Line of credit.--The term ``line of credit''
means an agreement entered into by the Secretary with
an obligor under section 604 to provide a direct loan
at a future date upon the occurrence of certain events.
(8) Limited buydown.--The term ``limited buydown''
means, subject to the conditions described in section
603(b)(4)(C), a buydown of the interest rate by the
obligor if the interest rate has increased between--
(A)(i) the date on which a project
application acceptable to the Secretary is
submitted; or
(ii) the date on which the Secretary entered
into a master credit agreement; and
(B) the date on which the Secretary executes
the Federal credit instrument.
(9) Loan guarantee.--The term ``loan guarantee''
means any guarantee or other pledge by the Secretary to
pay all or part of the principal of and interest on a
loan or other debt obligation issued by an obligor and
funded by a lender.
[(10) Master credit agreement.--The term ``master
credit agreement'' means an agreement to extend credit
assistance for a program of projects secured by a
common security pledge (which shall receive an
investment grade rating from a rating agency), or for a
single project covered under section 602(b)(2) that
would--
[(A) make contingent commitments of 1 or more
secured loans or other Federal credit
instruments at future dates, subject to the
availability of future funds being made
available to carry out this chapter;
[(B) establish the maximum amounts and
general terms and conditions of the secured
loans or other Federal credit instruments;
[(C) identify the 1 or more dedicated non-
Federal revenue sources that will secure the
repayment of the secured loans or secured
Federal credit instruments;
[(D) provide for the obligation of funds for
the secured loans or secured Federal credit
instruments after all requirements have been
met for the projects subject to the master
credit agreement, including--
[(i) completion of an environmental
impact statement or similar analysis
required under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
[(ii) compliance with such other
requirements as are specified in
section 602(c); and
[(iii) the availability of funds to
carry out this chapter; and
[(E) require that contingent commitments
result in a financial close and obligation of
credit assistance not later than 3 years after
the date of entry into the master credit
agreement, or release of the commitment, unless
otherwise extended by the Secretary.]
(10) Master credit agreement.--The term ``master
credit agreement'' means a conditional agreement to
extend credit assistance for a program of related
projects secured by a common security pledge (which
shall receive an investment grade rating from a rating
agency prior to the Secretary entering into such master
credit agreement) under section 602(b)(2)(A), or for a
single project covered under section 602(b)(2)(B) that
does not provide for a current obligation of Federal
funds, and that would--
(A) make contingent commitments of 1 or more
secured loans or other Federal credit
instruments at future dates, subject to the
availability of future funds being made
available to carry out this chapter and subject
to the satisfaction of all the conditions for
the provision of credit assistance under this
chapter, including section 603(b)(1);
(B) establish the maximum amounts and general
terms and conditions of the secured loans or
other Federal credit instruments;
(C) identify the 1 or more dedicated non-
Federal revenue sources that will secure the
repayment of the secured loans or secured
Federal credit instruments;
(D) provide for the obligation of funds for
the secured loans or secured Federal credit
instruments after all requirements have been
met for the projects subject to the master
credit agreement, including--
(i) completion of an environmental
impact statement or similar analysis
required under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(ii) compliance with such other
requirements as are specified in this
chapter, including sections 602(c) and
603(b)(1); and
(iii) the availability of funds to
carry out this chapter; and
(E) require that contingent commitments
result in a financial close and obligation of
credit assistance not later than 3 years after
the date of entry into the master credit
agreement, or release of the commitment, unless
otherwise extended by the Secretary.
(11) Obligor.--The term ``obligor'' means a party
that--
(A) is primarily liable for payment of the
principal of or interest on a Federal credit
instrument; and
(B) may be a corporation, partnership, joint
venture, trust, or governmental entity, agency,
or instrumentality.
(12) Project.--The term ``project'' means--
(A) any surface transportation project
eligible for Federal assistance under this
title or chapter 53 of title 49;
(B) a project for an international bridge or
tunnel for which an international entity
authorized under Federal or State law is
responsible;
(C) a project for intercity passenger bus or
rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
and
(D) a project that--
(i) is a project--
(I) for a public freight rail
facility or a private facility
providing public benefit for
highway users by way of direct
freight interchange between
highway and rail carriers;
(II) for an intermodal
freight transfer facility;
(III) for a means of access
to a facility described in
subclause (I) or (II);
(IV) for a service
improvement for a facility
described in subclause (I) or
(II) (including a capital
investment for an intelligent
transportation system); or
(V) that comprises a series
of projects described in
subclauses (I) through (IV)
with the common objective of
improving the flow of goods;
(ii) may involve the combining of
private and public sector funds,
including investment of public funds in
private sector facility improvements;
(iii) if located within the
boundaries of a port terminal, includes
only such surface transportation
infrastructure modifications as are
necessary to facilitate direct
intermodal interchange, transfer, and
access into and out of the port; and
(iv) is composed of related highway,
surface transportation, transit, rail,
or intermodal capital improvement
projects eligible for assistance under
this section in order to meet the
eligible project cost threshold under
section 602, by grouping related
projects together for that purpose,
subject to the condition that the
credit assistance for the projects is
secured by a common pledge.
(13) Project obligation.--The term ``project
obligation'' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of a project, other than a Federal credit
instrument.
(14) Rating agency.--The term ``rating agency'' means
a credit rating agency registered with the Securities
and Exchange Commission as a nationally recognized
statistical rating organization (as that term is
defined in section 3(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a))).
[(15) Rural infrastructure project.--The term ``rural
infrastructure project'' means a surface transportation
infrastructure project located in any area other than a
city with a population of more than 250,000 inhabitants
within the city limits.]
(15) Rural infrastructure project.--The term ``rural
infrastructure project'' means a surface transportation
infrastructure project located outside of a Census-
Bureau-defined urbanized area.
(16) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an
obligor and funded by the Secretary in connection with
the financing of a project under section 603.
(17) State.--The term ``State'' has the meaning given
the term in section 101.
(18) Subsidy amount.--The term ``subsidy amount''
means the amount of budget authority sufficient to
cover the estimated long- term cost to the Federal
Government of a Federal credit instrument--
(A) calculated on a net present value basis;
and
(B) excluding administrative costs and any
incidental effects on governmental receipts or
outlays in accordance with the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
(19) Substantial completion.--The term ``substantial
completion'' means--
(A) the opening of a project to vehicular or
passenger traffic; or
(B) a comparable event, as determined by the
Secretary and specified in the credit
agreement.
(20) TIFIA program.--The term ``TIFIA program'' means
the transportation infrastructure finance and
innovation program of the Department.
(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.
Sec. 602. Determination of eligibility and project selection
(a) Eligibility.--
(1) In general.--A project shall be eligible to
receive credit assistance under this chapter if--
(A) the entity proposing to carry out the
project submits a letter of interest prior to
submission of a formal application for the
project; and
(B) the project meets the criteria described
in this subsection.
(2) Creditworthiness.--
(A) In general.--To be eligible for
assistance under this chapter, a project shall
satisfy applicable creditworthiness standards,
which, at a minimum, shall include--
(i) a rate covenant, if applicable;
(ii) adequate coverage requirements
to ensure repayment;
(iii) an investment grade rating from
at least 2 rating agencies on debt
senior to the Federal credit
instrument; and
(iv) a rating from at least 2 rating
agencies on the Federal credit
instrument, subject to the condition
that, with respect to clause (iii), if
the total amount of the senior debt and
the Federal credit instrument is less
than $75,000,000, 1 rating agency
opinion for each of the senior debt and
Federal credit instrument shall be
sufficient.
(B) Senior debt.--Notwithstanding
subparagraph (A), in a case in which the
Federal credit instrument is the senior debt,
the Federal credit instrument shall be required
to receive an investment grade rating from at
least 2 rating agencies, unless the credit
instrument is for an amount less than
$75,000,000, in which case 1 rating agency
opinion shall be sufficient.
(3) Inclusion in transportation plans and programs.--
A project shall satisfy the applicable planning and
programming requirements of sections 134 and 135 at
such time as an agreement to make available a Federal
credit instrument is entered into under this chapter.
(4) Application.--A State, local government, public
authority, public-private partnership, or any other
legal entity undertaking the project and authorized by
the Secretary shall submit a project application that
is acceptable to the Secretary.
(5) Eligible project costs.--
(A) In general.--Except as provided in
subparagraph (B) and (C), to be eligible for
assistance under this chapter, a project shall
have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
(i)(I) $50,000,000; or
(II) in the case of a rural
infrastructure project, $25,000,000;
and
(ii) 33\1/3\ percent of the amount of
Federal highway assistance funds
apportioned for the most recently
completed fiscal year to the State in
which the project is located.
(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed $15,000,000.
(C) Local infrastructure projects.--Eligible
project costs shall be reasonably anticipated
to equal or exceed $10,000,000 in the case of a
project or program of projects--
(i) in which the applicant is a local
government, public authority, or
instrumentality of local government;
(ii) located on a facility owned by a
local government; or
(iii) for which the Secretary
determines that a local government is
substantially involved in the
development of the project.
(6) Dedicated revenue sources.--The applicable
Federal credit instrument shall be repayable, in whole
or in part, from--
(A) tolls;
(B) user fees;
(C) payments owing to the obligor under a
public-private partnership; or
(D) other dedicated revenue sources that also
secure or fund the project obligations.
(7) Public sponsorship of private entities.--In the
case of a project that is undertaken by an entity that
is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraph (3).
(8) Applications where obligor will be identified
later.--A State, local government, agency or
instrumentality of a State or local government, or
public authority may submit to the Secretary an
application under paragraph (4), under which a private
party to a public-private partnership will be--
(A) the obligor; and
(B) identified later through completion of a
procurement and selection of the private party.
(9) Beneficial effects.--The Secretary shall
determine that financial assistance for the project
under this chapter will--
(A) foster, if appropriate, partnerships that
attract public and private investment for the
project;
(B) enable the project to proceed at an
earlier date than the project would otherwise
be able to proceed or reduce the lifecycle
costs (including debt service costs) of the
project; and
(C) reduce the contribution of Federal grant
assistance for the project.
(10) Project readiness.--To be eligible for
assistance under this chapter, the applicant shall
demonstrate a reasonable expectation that the
contracting process for construction of the project can
commence by not later than 90 days after the date on
which a Federal credit instrument is obligated for the
project under this chapter.
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish a
rolling application process under which projects that
are eligible to receive credit assistance under
subsection (a) shall receive credit assistance on terms
acceptable to the Secretary, if adequate funds are
available to cover the subsidy costs associated with
the Federal credit instrument.
[(2) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
in a fiscal year, and adequate funding is not available
to fund a credit instrument, a project sponsor of an
eligible project may elect to enter into a master
credit agreement and wait until the earlier of--
[(A) the following fiscal year; and
[(B) the fiscal year during which additional
funds are available to receive credit
assistance.]
(2) Master credit agreements.--
(A) Program of related projects.--The
Secretary may enter into a master credit
agreement for a program of related projects
secured by a common security pledge on terms
acceptable to the Secretary.
(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible
projects in a fiscal year, and adequate funding
is not available to fund a credit instrument, a
project sponsor of an eligible project may
elect to enter into a master credit agreement
and wait to execute a credit instrument until
the fiscal year during which additional funds
are available to receive credit assistance.
(3) Preliminary rating opinion letter.--The Secretary
shall require each project applicant to provide a
preliminary rating opinion letter from at least 1
rating agency--
(A) indicating that the senior obligations of
the project, which may be the Federal credit
instrument, have the potential to achieve an
investment-grade rating; and
(B) including a preliminary rating opinion on
the Federal credit instrument.
(c) Federal Requirements.--
(1) In general.--In addition to the requirements of
this title for highway projects, the requirements of
chapter 53 of title 49 for transit projects, and the
requirements of section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply
to funds made available under this chapter and projects
assisted with those funds:
(A) Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.).
(B) The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(C) The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.).
(2) NEPA.--No funding shall be obligated for a
project that has not received an environmental
categorical exclusion, a finding of no significant
impact, or a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) Application Processing Procedures.--
(1) Notice of complete application.--Not later than
30 days after the date of receipt of an application
under this section, the Secretary shall provide to the
applicant a written notice to inform the applicant
whether--
(A) the application is complete; or
(B) additional information or materials are
needed to complete the application.
(2) Approval or denial of application.--Not later
than 60 days after the date of issuance of the written
notice under paragraph (1), the Secretary shall provide
to the applicant a written notice informing the
applicant whether the Secretary has approved or
disapproved the application.
(e) Development Phase Activities.--Any credit instrument
secured under this chapter may be used to finance up to 100
percent of the cost of development phase activities as
described in section 601(a)(1)(A).
Sec. 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which
shall be used--
(A) to finance eligible project costs of any
project selected under section 602;
(B) to refinance interim construction
financing of eligible project costs of any
project selected under section 602;
(C) to refinance existing Federal credit
instruments for rural infrastructure projects;
or
(D) to refinance long-term project
obligations or Federal credit instruments, if
the refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any project that--
(i) is selected under section 602; or
(ii) otherwise meets the requirements
of section 602.
[(2) Limitation on refinancing of interim
construction financing.--A loan under paragraph (1)
shall not refinance interim construction financing
under paragraph (1)(B) later than 1 year after the date
of substantial completion of the project.]
(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not
refinance interim construction financing under
paragraph (1)(B)--
(A) if the maturity of such interim
construction financing is later than 1 year
after the substantial completion of the
project; and
(B) later than 1 year after the date of
substantial completion of the project.
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget, shall determine an appropriate
capital reserve subsidy amount for each secured loan,
taking into account each rating letter provided by an
agency under section 602(b)(3)(B).
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as the Secretary determines to be
appropriate.
(2) Maximum amount.--The amount of a secured loan
under this section shall not exceed the lesser of 49
percent of the reasonably anticipated eligible project
costs or if the secured loan does not receive an
investment grade rating, the amount of the senior
project obligations.
(3) Payment.--A secured loan under this section--
(A) shall--
(i) be payable, in whole or in part,
from--
(I) tolls;
(II) user fees;
(III) payments owing to the
obligor under a public-private
partnership; or
(IV) other dedicated revenue
sources that also secure the
senior project obligations; and
(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing
project obligations.
(4) Interest rate.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the interest rate on
a secured loan under this section shall be not
less than the yield on United States Treasury
securities of a similar maturity to the
maturity of the secured loan on the date of
execution of the loan agreement.
(B) Rural infrastructure projects.--
(i) In general.--The interest rate of
a loan offered to a rural
infrastructure project under this
chapter shall be at \1/2\ of the
Treasury Rate in effect on the date of
execution of the loan agreement.
(ii) Application.--The rate described
in clause (i) shall only apply to any
portion of a loan the subsidy cost of
which is funded by amounts set aside
for rural infrastructure projects under
section 608(a)(3)(A).
(C) Limited buydowns.--The interest rate of a
secured loan under this section may not be
lowered by more than the lower of--
(i) 1\1/2\ percentage points (150
basis points); or
(ii) the amount of the increase in
the interest rate.
(5) Maturity date.--The final maturity date of the
secured loan shall be the lesser of--
(A) 35 years after the date of substantial
completion of the project; and
(B) if the useful life of the capital asset
being financed is of a lesser period, the
useful life of the asset.
(6) Nonsubordination.--
(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of
project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
(B) Preexisting indenture.--
(i) In general.--The Secretary shall
waive the requirement under
subparagraph (A) for a public agency
borrower that is financing ongoing
capital programs and has outstanding
senior bonds under a preexisting
indenture, if--
(I) the secured loan is rated
in the A category or higher;
(II) the secured loan is
secured and payable from
pledged revenues not affected
by project performance, such as
a tax-backed revenue pledge or
a system-backed pledge of
project revenues; and
(III) the TIFIA program share
of eligible project costs is 33
percent or less.
(ii) Limitation.--If the Secretary
waives the nonsubordination requirement
under this subparagraph--
(I) the maximum credit
subsidy to be paid by the
Federal Government shall be not
more than 10 percent of the
principal amount of the secured
loan; and
(II) the obligor shall be
responsible for paying the
remainder of the subsidy cost,
if any.
(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
(8) Non-Federal share.--The proceeds of a secured
loan under this chapter may be used for any non-Federal
share of project costs required under this title or
chapter 53 of title 49, if the loan is repayable from
non-Federal funds.
(9) Maximum Federal involvement.--The total Federal
assistance provided on a project receiving a loan under
this chapter shall not exceed 80 percent of the total
project cost.
(c) Repayment.--
(1) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on--
(A) the projected cash flow from project
revenues and other repayment sources; and
(B) the useful life of the project.
(2) Commencement.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
(3) Deferred payments.--
(A) In general.--If, at any time after the
date of substantial completion of the project,
the project is unable to generate sufficient
revenues to pay the scheduled loan repayments
of principal and interest on the secured loan,
the Secretary may, subject to subparagraph (C),
allow the obligor to add unpaid principal and
interest to the outstanding balance of the
secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until
fully repaid; and
(ii) be scheduled to be amortized
over the remaining term of the loan.
(C) Criteria.--
(i) In general.--Any payment deferral
under subparagraph (A) shall be
contingent on the project meeting
criteria established by the Secretary.
(ii) Repayment standards.--The
criteria established pursuant to clause
(i) shall include standards for
reasonable assurance of repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess
revenues that remain after satisfying scheduled
debt service requirements on the project
obligations and secured 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 secured loan
without penalty.
(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project
and after notifying the obligor, the Secretary may sell
to another entity or reoffer into the capital markets a
secured loan for the project if the Secretary
determines that the sale or reoffering can be 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 written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan
under this section if the Secretary determines that the
budgetary cost of the loan guarantee is substantially
the same as that of a secured loan.
(2) Terms.--The terms of a loan guarantee under
paragraph (1) shall be consistent with the terms
required under this section for a secured loan, except
that the rate on the guaranteed loan and any prepayment
features shall be negotiated between the obligor and
the lender, with the consent of the Secretary.
* * * * * * *
Sec. 608. Funding
(a) Funding.--
(1) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into
Federal credit instruments shall be promptly
apportioned to the Secretary on a fiscal-year basis.
(2) Reestimates.--If the subsidy cost of a Federal
credit instrument is reestimated, the cost increase or
decrease of the reestimate shall be borne by, or
benefit, the general fund of the Treasury, consistent
with section 504(f) the Congressional Budget Act of
1974 (2 U.S.C. 661c(f)).
(3) Rural set-aside.--
(A) In general.--Of the total amount of funds
made available to carry out this chapter for
each fiscal year, not more than 10 percent
shall be set aside for rural infrastructure
projects.
(B) Reobligation.--Any amounts set aside
under subparagraph (A) that remain unobligated
by June 1 of the fiscal year for which the
amounts were set aside shall be available for
obligation by the Secretary on projects other
than rural infrastructure projects.
(4) Redistribution of authorized funding.--
(A) In general.--[Beginning in fiscal year
2014, on April 1 of each fiscal year] Beginning
in fiscal year 2016, on August 1 of each fiscal
year, if the cumulative unobligated and
uncommitted balance of funding available
exceeds 75 percent of the amount made available
to carry out this chapter for that fiscal year,
the Secretary shall distribute to the States
the amount of funds and associated obligation
authority in excess of that amount.
(B) Distribution.--The amounts and obligation
authority distributed under this paragraph
shall be distributed, in the same manner as
obligation authority is distributed to the
States for the fiscal year, based on the
proportion that--
(i) the relative share of each State
of obligation authority for the fiscal
year; bears to
(ii) the total amount of obligation
authority distributed to all States for
the fiscal year.
(C) Purpose.--Funds distributed under
subparagraph (B) shall be available for any
purpose described in section 133(b).
(D) Limitations.--The Secretary may not carry
out a redistribution under this paragraph--
(i) for any fiscal year in which such
redistribution would adversely impact
the receipt of credit assistance by a
qualified project within such fiscal
year; or
(ii) if the budget authority
determined to be necessary to cover all
requests for credit assistance pending
before the Department of Transportation
on August 1 would reduce the
uncommitted balance of funds below the
threshold established in subparagraph
(A).
(5) Availability.--Amounts made available to carry
out this chapter shall remain available until expended.
[(6) Administrative costs.--Of the amounts made
available to carry out this chapter, the Secretary may
use not more than 0.50 percent for each fiscal year for
the administration of this chapter.]
(6) Administrative costs.--Of the amounts made
available to carry out this chapter, the Secretary may
use not more than $5,000,000 for fiscal year 2016,
$5,150,000 for fiscal year 2017, $5,304,500 for fiscal
year 2018, $5,463,500 for fiscal year 2019, $5,627,500
for fiscal year 2020, and $5,760,500 for fiscal year
2021 for the administration of this chapter.
(b) Contract Authority.--
(1) In general.--Notwithstanding any other provision
of law, execution of a term sheet by the Secretary of a
Federal credit instrument that uses amounts made
available under this chapter shall impose on the United
States a contractual obligation to fund the Federal
credit investment.
(2) Availability.--Amounts made available to carry
out this chapter for a fiscal year shall be available
for obligation on October 1 of the fiscal year.
* * * * * * *
Sec. 610. State infrastructure bank program
(a) Definitions.--In this section, the following definitions
apply:
(1) Capital project.--The term ``capital project''
has the meaning such term has under section 5302 of
title 49.
(2) Other forms of credit assistance.--The term
``other forms of credit assistance'' includes any use
of funds in an infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or
debt instrument financing;
(C) to subsidize interest rates;
(D) to insure or guarantee letters of credit
and credit instruments against credit risk of
loss;
(E) to finance purchase and lease agreements
with respect to transit projects;
(F) to provide bond or debt financing
instrument security; and
(G) to provide other forms of debt financing
and methods of leveraging funds that are
approved by the Secretary and that relate to
the project with respect to which such
assistance is being provided.
(3) State.--The term ``State'' has the meaning such
term has under section 401.
(4) Capitalization.--The term ``capitalization''
means the process used for depositing funds as initial
capital into a State infrastructure bank to establish
the infrastructure bank.
(5) Cooperative agreement.--The term ``cooperative
agreement'' means written consent between a State and
the Secretary which sets forth the manner in which the
infrastructure bank established by the State in
accordance with this section will be administered.
(6) Loan.--The term ``loan'' means any form of direct
financial assistance from a State infrastructure bank
that is required to be repaid over a period of time and
that is provided to a project sponsor for all or part
of the costs of the project.
(7) Guarantee.--The term ``guarantee'' means a
contract entered into by a State infrastructure bank in
which the bank agrees to take responsibility for all or
a portion of a project sponsor's financial obligations
for a project under specified conditions.
(8) Initial assistance.--The term ``initial
assistance'' means the first round of funds that are
loaned or used for credit enhancement by a State
infrastructure bank for projects eligible for
assistance under this section.
(9) Leverage.--The term ``leverage'' means a
financial structure used to increase funds in a State
infrastructure bank through the issuance of debt
instruments.
(10) Leveraged.--The term ``leveraged'', as used with
respect to a State infrastructure bank, means that the
bank has total potential liabilities that exceed the
capital of the bank.
(b) Cooperative Agreements.--Subject to the provisions of
this section, the Secretary may enter into cooperative
agreements with States for the establishment of State
infrastructure banks for making loans and providing other forms
of credit assistance to public and private entities carrying
out or proposing to carry out projects eligible for assistance
under this section.
(c) Interstate Compacts.--
(1) In general.--Congress grants consent to two or
more of the States, entering into a cooperative
agreement under subsection (a) with the Secretary for
the establishment by such States of a multistate
infrastructure bank in accordance with this section, to
enter into an interstate compact establishing such bank
in accordance with this section.
(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(d) Funding.--
(1) Highway account.--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 highway
account of the bank not to exceed--
[(A) 10 percent of the funds apportioned to
the State for each of fiscal years 2005 through
2009 under each of sections 104(b)(1),
104(b)(3), 104(b)(4), and 144; and]
(A) 10 percent of the funds apportioned to
the State for each of fiscal years 2016 through
2021 under each of sections 104(b)(1) and
104(b)(2); and
(B) 10 percent of the funds allocated to the
State for each of such fiscal years.
(2) Transit account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under section 5307, 5309, or 5311 of
title 49, to deposit into the transit account of the
bank not to exceed 10 percent of the funds made
available to the State or other recipient in each of
[fiscal years 2005 through 2009] fiscal years 2016
through 2021 for capital projects under each of such
sections.
(3) Rail account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under subtitle V of title 49, to
deposit into the rail account of the bank funds made
available to the State or other recipient in each of
[fiscal years 2005 through 2009] fiscal years 2016
through 2021 for capital projects under such subtitle.
(4) Capital grants.--
(A) Highway account.--Federal funds deposited
into a highway account of a State
infrastructure bank under paragraph (1) shall
constitute for purposes of this section a
capitalization grant for the highway account of
the bank.
(B) Transit account.--Federal funds deposited
into a transit account of a State
infrastructure bank under paragraph (2) shall
constitute for purposes of this section a
capitalization grant for the transit account of
the bank.
(C) Rail account.--Federal funds deposited
into a rail account of a State infrastructure
bank under paragraph 3 shall constitute for
purposes of this section a capitalization grant
for the rail account of the bank.
(5) Special rule for urbanized areas of over
200,000.--Funds in a State infrastructure bank that are
attributed to urbanized areas of a State with urbanized
populations of over 200,000 under [section 133(d)(3)]
section 133(d)(1)(A)(i) may be used to provide
assistance with respect to a project only if the
metropolitan planning organization designated for such
area concurs, in writing, with the provision of such
assistance.
(6) Discontinuance of funding.--If the Secretary
determines that a State is not implementing the State's
infrastructure bank in accordance with a cooperative
agreement entered into under subsection (b), the
Secretary may prohibit the State from contributing
additional Federal funds to the bank.
(e) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make
loans or provide other forms of credit assistance to a public
or private entity in an amount equal to all or a part of the
cost of carrying out a project eligible for assistance under
this section. The amount of any loan or other form of credit
assistance provided for the project may be subordinated to any
other debt financing for the project. Initial assistance
provided with respect to a project from Federal funds deposited
into an infrastructure bank under this section may not be made
in the form of a grant.
(f) Eligible Projects.--Subject to subsection (e), funds in
an infrastructure bank established under this section may be
used only to provide assistance for projects eligible for
assistance under this title and capital projects defined in
section 5302 of title 49, and any other projects relating to
surface transportation that the Secretary determines to be
appropriate.
(g) Infrastructure Bank Requirements.--In order to establish
an infrastructure bank under this section, the State
establishing the bank shall--
(1) deposit in cash, at a minimum, into each account
of the bank from non-Federal sources an amount equal to
25 percent of the amount of each capitalization grant
made to the State and deposited into such account;
except that, if the deposit is into the highway account
of the bank and the State has a non-Federal share under
section 120(b) that is less than 25 percent, the
percentage to be deposited from non-Federal sources
shall be the lower percentage of such grant;
(2) ensure that the bank maintains on a continuing
basis an investment grade rating on its debt, or has a
sufficient level of bond or debt financing instrument
insurance, to maintain the viability of the bank;
(3) ensure that investment income derived from funds
deposited to an account of the bank are--
(A) credited to the account;
(B) available for use in providing loans and
other forms of credit assistance to projects
eligible for assistance from the account; and
(C) invested in United States Treasury
securities, bank deposits, or such other
financing instruments as the Secretary may
approve to earn interest to enhance the
leveraging of projects assisted by the bank;
(4) ensure that any loan from the bank will bear
interest at or below market interest rates, as
determined by the State, to make the project that is
the subject of the loan feasible;
(5) ensure that repayment of any loan from the bank
will commence not later than 5 years after the project
has been completed or, in the case of a highway
project, the facility has opened to traffic, whichever
is later;
(6) ensure that the term for repaying any loan will
not exceed 30 years after the date of the first payment
on the loan; and
(7) require the bank to make an annual report to the
Secretary on its status no later than September 30 of
each year and such other reports as the Secretary may
require under guidelines issued to carry out this
section.
(h) Applicability of Federal Law.--
(1) In general.--The requirements of this title and
title 49 that would otherwise apply to funds made
available under this title or such title and projects
assisted with those funds shall apply to--
(A) funds made available under this title or
such title and contributed to an infrastructure
bank established under this section, including
the non-Federal contribution required under
subsection (g); and
(B) projects assisted by the bank through the
use of the funds,
except to the extent that the Secretary determines that
any requirement of such title (other than sections 113
and 114 of this title and section 5333 of title 49) is
not consistent with the objectives of this section.
(2) Repayments.--The requirements of this title and
title 49 shall apply to repayments from non-Federal
sources to an infrastructure bank from projects
assisted by the bank. Such a repayment shall be
considered to be Federal funds.
(i) United States not Obligated.--The deposit of Federal
funds into an infrastructure bank established under this
section shall not be construed as a commitment, guarantee, or
obligation on the part of the United States to any third party,
nor shall any third party have any right against the United
States for payment solely by virtue of the contribution. Any
security or debt-financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or
obligation of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of
title 31 shall not apply to funds deposited into an
infrastructure bank under this section.
(k) Program Administration.--For each of [fiscal years 2005
through 2009] fiscal years 2016 through 2021, a State may
expend not to exceed 2 percent of the Federal funds contributed
to an infrastructure bank established by the State under this
section to pay the reasonable costs of administering the bank.
* * * * * * *
----------
SAFETEA-LU
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users'' or ``SAFETEA-LU''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle C--Mobility and Efficiency
[Sec. 1301. Projects of national and regional significance.]
* * * * * * *
Subtitle D--Highway Safety
* * * * * * *
[Sec. 1409. Work zone safety grants.]
Sec. 1409. Work zone and guard rail safety training.
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle A--Commercial Motor Vehicle Safety
* * * * * * *
[Sec. 4126. Commercial vehicle information systems and networks
deployment.
[Sec. 4127. Outreach and education.
[Sec. 4128. Safety data improvement program.]
* * * * * * *
[Sec. 4134. Grant program for commercial motor vehicle operators.]
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle C--Mobility and Efficiency
[SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
[(a) Findings.--Congress finds the following:
[(1) Under current law, surface transportation
programs rely primarily on formula capital
apportionments to States.
[(2) Despite the significant increase for surface
transportation program funding in the Transportation
Equity Act of the 21st Century, current levels of
investment are insufficient to fund critical high-cost
transportation infrastructure facilities that address
critical national economic and transportation needs.
[(3) Critical high-cost transportation infrastructure
facilities often include multiple levels of government,
agencies, modes of transportation, and transportation
goals and planning processes that are not easily
addressed or funded within existing surface
transportation program categories.
[(4) Projects of national and regional significance
have national and regional benefits, including
improving economic productivity by facilitating
international trade, relieving congestion, and
improving transportation safety by facilitating
passenger and freight movement.
[(5) The benefits of projects described in paragraph
(4) accrue to local areas, States, and the Nation as a
result of the effect such projects have on the national
transportation system.
[(6) A program dedicated to constructing projects of
national and regional significance is necessary to
improve the safe, secure, and efficient movement of
people and goods throughout the United States and
improve the health and welfare of the national economy.
[(b) Establishment of Program.--The Secretary shall establish
a program to provide grants to eligible applicants for projects
of national and regional significance.
[(c) Definitions.--In this section, the following definitions
apply:
[(1) Eligible project costs.--The term ``eligible
project costs'' means the costs of--
[(A) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
[(B) construction, reconstruction,
rehabilitation, and acquisition of real
property (including land related to the project
and improvements to land), environmental
mitigation, construction contingencies,
acquisition of equipment, and operational
improvements.
[(2) Eligible project.--The term ``eligible project''
means any surface transportation project eligible for
Federal assistance under title 23, United States Code,
including freight railroad projects and activities
eligible under such title.
[(3) Eligible applicant.--The term ``eligible
applicant'' means--
[(A) a State department of transportation or
a group of State departments of transportation;
[(B) a tribal government or consortium of
tribal governments;
[(C) a transit agency; or
[(D) a multi-State or multi-jurisdictional
group of the agencies described in
subparagraphs (A) through (C).
[(d) Eligibility.--To be eligible for assistance under this
section, a project shall have eligible project costs that are
reasonably anticipated to equal or exceed the lesser of--
[(1) $500,000,000; or
[(2) 50 percent of the amount of Federal highway
assistance funds apportioned for the most recently
completed fiscal year to the State in which the project
is located.
[(e) Applications.--Each eligible applicant seeking to
receive a grant under this section for an eligible project
shall submit to the Secretary an application in such form and
in accordance with such requirements as the Secretary shall
establish.
[(f) Competitive Grant Selection and Criteria for Grants.--
[(1) In general.--The Secretary shall--
[(A) establish criteria for selecting among
projects that meet the eligibility criteria
specified in subsection (d);
[(B) conduct a national solicitation for
applications; and
[(C) award grants on a competitive basis.
[(2) Criteria for grants.--The Secretary may approve
a grant under this section for a project only if the
Secretary determines that the project--
[(A) is based on the results of preliminary
engineering;
[(B) is justified based on the ability of the
project--
[(i) to generate national economic
benefits, including creating jobs,
expanding business opportunities, and
impacting the gross domestic product;
[(ii) to reduce congestion, including
impacts in the State, region, and
Nation;
[(iii) to improve transportation
safety, including reducing
transportation accidents, injuries, and
fatalities;
[(iv) to otherwise enhance the
national transportation system; and
[(v) to garner support for non-
Federal financial commitments and
provide evidence of stable and
dependable financing sources to
construct, maintain, and operate the
infrastructure facility; and
[(C) is supported by an acceptable degree of
non-Federal financial commitments, including
evidence of stable and dependable financing
sources to construct, maintain, and operate the
infrastructure facility.
[(3) Selection considerations.--In selecting a
project under this section, the Secretary shall
consider the extent to which the project--
[(A) leverages Federal investment by
encouraging non-Federal contributions to the
project, including contributions from public-
private partnerships;
[(B) improves roadways vital to national
energy security; and
[(C) helps maintain or protect the
environment.
[(4) Preliminary engineering.--In evaluating a
project under paragraph (2)(A), the Secretary shall
analyze and consider the results of preliminary
engineering for the project.
[(5) Non-federal financial commitment.--
[(A) Evaluation of project.--In evaluating a
project under paragraph (2)(C), the Secretary
shall require that--
[(i) the proposed project plan
provides for the availability of
contingency amounts that the Secretary
determines to be reasonable to cover
unanticipated cost increases; and
[(ii) each proposed non-Federal
source of capital and operating
financing is stable, reliable, and
available within the proposed project
timetable.
[(B) Considerations.--In assessing the
stability, reliability, and availability of
proposed sources of non-Federal financing under
subparagraph (A), the Secretary shall
consider--
[(i) existing financial commitments;
[(ii) the degree to which financing
sources are dedicated to the purposes
proposed;
[(iii) any debt obligation that
exists or is proposed by the recipient
for the proposed project; and
[(iv) the extent to which the project
has a non-Federal financial commitment
that exceeds the required non-Federal
share of the cost of the project.
[(6) Regulations.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
issue regulations on the manner in which the Secretary
will evaluate and rate the projects based on the
results of preliminary engineering, project
justification, and the degree of non-Federal financial
commitment, as required under this subsection.
[(7) Project evaluation and rating.--
[(A) In general.--A proposed project may
advance from preliminary engineering to final
design and construction only if the Secretary
finds that the project meets the requirements
of this subsection and there is a reasonable
likelihood that the project will continue to
meet such requirements.
[(B) Evaluation and rating.--In making such
findings, the Secretary shall evaluate and rate
the project as ``highly recommended'',
``recommended'', or ``not recommended'' based
on the results of preliminary engineering, the
project justification criteria, and the degree
of non-Federal financial commitment, as
required under this subsection. In rating the
projects, the Secretary shall provide, in
addition to the overall project rating,
individual ratings for each of the criteria
established under the regulations issued under
paragraph (6).
[(g) Letters of Intent and Full Funding Grant Agreements.--
[(1) Letter of intent.--
[(A) In general.--The Secretary may issue a
letter of intent to an applicant announcing an
intention to obligate, for a 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.
[(B) Notification.--At least 60 days before
issuing a letter under subparagraph (A) or
entering into a full funding grant agreement,
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 letter or agreement.
The Secretary shall include with the
notification a copy of the proposed letter or
agreement as well as the evaluations and
ratings for the project.
[(C) Not an obligation.--The issuance of a
letter is deemed not to be an obligation under
sections 1108(c), 1108(d), 1501, and 1502(a) of
title 31, United States Code, or an
administrative commitment.
[(D) Obligation or commitment.--An obligation
or administrative commitment may be made only
when contract authority is allocated to a
project.
[(E) Congressional approval.--The Secretary
may not issue a letter of intent, enter into a
full funding grant agreement under paragraph
(2), or make any other obligation or commitment
to fund a project under this section if a joint
resolution of disapproval is enacted
disapproving funding for the project before the
last day of the 60-day period described in
subparagraph (B).
[(2) Full funding grant agreement.--
[(A) In general.--A project financed under
this subsection shall be carried out through a
full funding grant agreement. The Secretary
shall enter into a full funding grant agreement
based on the evaluations and ratings required
under subsection (f)(7).
[(B) Terms.--If the Secretary makes a full
funding grant agreement with an applicant, the
agreement shall--
[(i) establish the terms of
participation by the United States
Government in a project under this
section;
[(ii) establish the maximum amount of
Government financial assistance for the
project;
[(iii) cover the period of time for
completing the project, including a
period extending beyond the period of
an authorization; and
[(iv) make timely and efficient
management of the project easier
according to the laws of the United
States.
[(C) Agreement.--An agreement under this
paragraph 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 paragraph, to obligate an additional
amount from future available budget authority
specified in law. The agreement shall state
that the contingent commitment is not an
obligation of the Government. Interest and
other financing costs of efficiently carrying
out a part of the project within a reasonable
time are a cost of carrying out the 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 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.
[(3) Amounts.--The total estimated amount of future
obligations of the Government and contingent
commitments to incur obligations covered by all
outstanding letters of intent and full funding grant
agreements may be not more than the greater of the
amount authorized to carry out this section or an
amount equivalent to the last 2 fiscal years of funding
authorized to carry out this section less an amount the
Secretary reasonably estimates is necessary for grants
under this section not covered by a letter. The total
amount covered by new letters and contingent
commitments included in full funding grant agreements
may be not more than a limitation specified in law.
[(h) Grant Requirements.--
[(1) In general.--A grant for a project under this
section shall be subject to all of the requirements of
title 23, United States Code.
[(2) Other terms and conditions.--The Secretary shall
require that all grants under this section be subject
to all terms, conditions, and requirements that the
Secretary decides are necessary or appropriate for
purposes of this section, including requirements for
the disposition of net increases in value of real
property resulting from the project assisted under this
section.
[(i) Government's Share of 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 cost of a project receiving
assistance under this section. A grant for the project is for
80 percent of the project cost, unless the grant recipient
requests a lower grant percentage. A refund or reduction of the
remainder may be made only if a refund of a proportional amount
of the grant of the Government is made at the same time.
[(j) Fiscal Capacity Considerations.--If the Secretary gives
priority consideration to financing projects that include more
than the non-Government share required under subsection (i) the
Secretary shall give equal consideration to differences in the
fiscal capacity of State and local governments.
[(k) Reports.--
[(1) Annual report.--Not later than the first Monday
in February of each year, 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 includes a proposal on the allocation of amounts
to be made available to finance grants under this
section.
[(2) Recommendations on funding.--The annual report
under this paragraph shall include evaluations and
ratings, as required under subsection (f). The report
shall also include recommendations of projects for
funding based on the evaluations and ratings and on
existing commitments and anticipated funding levels for
the next 3 fiscal years and for the next 10 fiscal
years based on information currently available to the
Secretary.
[(3) Project selection justifications.--
[(A) In general.--Not later than 30 days
after the date on which the Secretary selects a
project for funding under this section, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate a
report that describes the reasons for selecting
the project, based on the criteria described in
subsection (f).
[(B) Inclusions.--The report submitted under
subparagraph (A) shall specify each criteria
described in subsection (f) that the project
meets.
[(C) Availability.--The Secretary shall make
available on the website of the Department the
report submitted under subparagraph (A).
[(l) Report.--
[(1) In general.--Not later than 2 years after the
date of enactment of the MAP-21, the Secretary shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
regarding projects of national and regional
significance.
[(2) Purpose.--The purpose of the report issued under
this subsection shall be to identify projects of
national and regional significance that--
[(A) will significantly improve the
performance of the Federal-aid highway system,
nationally or regionally;
[(B) is able to--
[(i) generate national economic
benefits that reasonably exceed the
costs of the projects, including
increased access to jobs, labor, and
other critical economic inputs;
[(ii) reduce long-term congestion,
including impacts in the State, region,
and the United States, and increase
speed, reliability, and accessibility
of the movement of people or freight;
and
[(iii) improve transportation safety,
including reducing transportation
accidents, and serious injuries and
fatalities; and
[(C) can be supported by an acceptable degree
of non-Federal financial commitments.
[(3) Contents.--The report issued under this
subsection shall include--
[(A) a comprehensive list of each project of
national and regional significance that--
[(i) has been complied through a
survey of State departments of
transportation; and
[(ii) has been classified by the
Secretary as a project of regional or
national significance in accordance
with this section;
[(B) an analysis of the information collected
under paragraph (1), including a discussion of
the factors supporting each classification of a
project as a project of regional or national
significance; and
[(C) recommendations on financing for
eligible project costs.
[(m) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $500,000,000 for
fiscal year 2013, to remain available until expended.]
* * * * * * *
Subtitle D--Highway Safety
* * * * * * *
SEC. 1409. [WORK ZONE SAFETY GRANTS.] WORK ZONE AND GUARD RAIL SAFETY
TRAINING.
(a) In General.--The Secretary shall establish and implement
a work zone safety grant program under which the Secretary may
make grants to nonprofit organizations and not-for-profit
organizations to provide training to prevent or reduce highway
work zone injuries and fatalities.
(b) Eligible Activities.--Grants may be made under the
program for the following purposes:
(1) Training for construction craft workers on the
prevention of injuries and fatalities in highway and
road construction.
(2) Development of guidelines for the prevention of
highway work zone injuries and fatalities.
(3) Training for State and local government
transportation agencies and other groups implementing
guidelines for the prevention of highway work zone
injuries and fatalities.
(4) Development, updating, and delivery of training
courses on guard rail installation, maintenance, and
inspection.
(c) Funding.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$5,000,000 for each of fiscal years 2006 through 2009.
(2) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall not be transferable.
* * * * * * *
Subtitle F--Finance
* * * * * * *
SEC. 1604. TOLLING.
(a) [Omitted-amends other laws]
(b) Express Lanes Demonstration Program.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible toll facility.--The term
``eligible toll facility'' includes--
(i) a facility in existence on the
date of enactment of this Act that
collects tolls;
(ii) a facility in existence on the
date of enactment of this Act that
serves high occupancy vehicles;
(iii) a facility modified or
constructed after the date of enactment
of this Act to create additional tolled
lane capacity (including a facility
constructed by a private entity or
using private funds); and
(iv) in the case of a new lane added
to a previously non-tolled facility,
only the new lane.
(B) Nonattainment area.--The term
``nonattainment area'' has the meaning given
that term in section 171 of the Clean Air Act
(42 U.S.C. 7501).
(2) Demonstration program.--Notwithstanding sections
129 and 301 of title 23, United States Code, the
Secretary shall carry out 15 demonstration projects
during the period of fiscal years 2005 through 2009 to
permit States, public authorities, or a public or
private entities designated by States, to collect a
toll from motor vehicles at an eligible toll facility
for any highway, bridge, or tunnel, including
facilities on the Interstate System--
(A) to manage high levels of congestion;
(B) to reduce emissions in a nonattainment
area or maintenance area; or
(C) to finance the expansion of a highway,
for the purpose of reducing traffic congestion,
by constructing one or more additional lanes
(including bridge, tunnel, support, and other
structures necessary for that construction) on
the Interstate System.
(3) Limitation on use of revenues.--
(A) Use.--
(i) In general.--Toll revenues
received under paragraph (2) shall be
used by a State, public authority, or
private entity designated by a State,
for--
(I) debt service;
(II) a reasonable return on
investment of any private
financing;
(III) the costs necessary for
proper operation and
maintenance of any facilities
under paragraph (2) (including
reconstruction, resurfacing,
restoration, and
rehabilitation); or
(IV) if the State, public
authority, or private entity
annually certifies that the
tolled facility is being
adequately operated and
maintained, any other purpose
relating to a highway or
transit project carried out
under title 23 or 49, United
States Code.
(B) Requirements.--
(i) Variable price requirement.--A
facility that charges tolls under this
subsection may establish a toll that
varies in price according to time of
day or level of traffic, as appropriate
to manage congestion or improve air
quality.
(ii) HOV variable pricing
requirement.--The Secretary shall
require, for each high occupancy
vehicle facility that charges tolls
under this subsection, that the tolls
vary in price according to time of day
or level of traffic, as appropriate to
manage congestion or improve air
quality.
(iii) HOV passenger requirements.--
Pursuant to section 166 of title 23,
United States Code, a State may permit
motor vehicles with fewer than two
occupants to operate in high occupancy
vehicle lanes as part of a variable
toll pricing program established under
this subsection.
(C) Agreement.--
(i) In general.--Before the Secretary
may permit a facility to charge tolls
under this subsection, the Secretary
and the applicable State, public
authority, or private entity designated
by a State shall enter into an
agreement for each facility
incorporating the conditions described
in subparagraphs (A) and (B).
(ii) Termination.--An agreement under
clause (i) shall terminate with respect
to a facility upon the decision of the
State, public authority, or private
entity designated by a State to
discontinue the variable tolling
program under this subsection for the
facility.
(iii) Debt.--If there is any debt
outstanding on a facility at the time
at which the decision is made to
discontinue the program under this
subsection with respect to the
facility, the facility may continue to
charge tolls in accordance with the
terms of the agreement until such time
as the debt is retired.
(D) Limitation on federal share.--The Federal
share of the cost of a project on a facility
tolled under this subsection, including a
project to install the toll collection facility
shall be a percentage, not to exceed 80
percent, determined by the applicable State.
(4) Eligibility.--To be eligible to participate in
the program under this subsection, a State, public
authority, or private entity designated by a State
shall provide to the Secretary--
(A) a description of the congestion or air
quality problems sought to be addressed under
the program;
(B) a description of--
(i) the goals sought to be achieved
under the program; and
(ii) the performance measures that
would be used to gauge the success made
toward reaching those goals; and
(C) such other information as the Secretary
may require.
(5) Automation.--Fees collected from motorists using
an express lane shall be collected only through the use
of noncash electronic technology that optimizes the
free flow of traffic on the tolled facility.
(6) Interoperability.--
(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall promulgate a final rule
specifying requirements, standards, or
performance specifications for automated toll
collection systems implemented under this
section.
(B) Development.--In developing that rule,
which shall be designed to maximize the
interoperability of electronic collection
systems, the Secretary shall, to the maximum
extent practicable--
(i) seek to accelerate progress
toward the national goal of achieving a
nationwide interoperable electronic
toll collection system;
(ii) take into account the use of
noncash electronic technology currently
deployed within an appropriate
geographical area of travel and the
noncash electronic technology likely to
be in use within the next 5 years; and
(iii) seek to minimize additional
costs and maximize convenience to users
of toll facility and to the toll
facility owner or operator.
(7) Reporting.--
(A) In general.--The Secretary, in
cooperation with State and local agencies and
other program participants and with opportunity
for public comment, shall--
(i) develop and publish performance
goals for each express lane project;
(ii) establish a program for regular
monitoring and reporting on the
achievement of performance goals,
including--
(I) effects on travel,
traffic, and air quality;
(II) distribution of benefits
and burdens;
(III) use of alternative
transportation modes; and
(IV) use of revenues to meet
transportation or impact
mitigation needs.
[(B) Reports to congress.--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--
[(i) not later than 1 year after the
date of enactment of this Act, and
annually thereafter, a report that
describes in detail the uses of funds
under this subsection in accordance
with paragraph (8)(D); and
[(ii) not later than 3 years after
the date of enactment of this Act, and
every 3 years thereafter, a report that
describes any success of the program
under this subsection in meeting
congestion reduction and other
performance goals established for
express lane programs.]
(c) Interstate System Construction Toll Pilot Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System construction toll pilot
program under which the Secretary, notwithstanding
sections 129 and 301 of title 23, United States Code,
may permit a State or an interstate compact of States
to collect tolls on a highway, bridge, or tunnel on the
Interstate System for the purpose of constructing
Interstate highways.
(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
section on three facilities on the Interstate System.
(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll
facility.
(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization designated
under section 134 or 135 for the area has been
consulted concerning the placement and amount
of tolls on the facility.
(C) An analysis demonstrating that financing
the construction of the facility with the
collection of tolls under the pilot program is
the most efficient and economical way to
advance the project.
(D) A facility management plan that
includes--
(i) a plan for implementing the
imposition of tolls on the facility;
(ii) a schedule and finance plan for
the construction of the facility using
toll revenues;
(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
(v) such other information as the
Secretary may require.
(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
(A) the State's analysis under paragraph
(3)(C) is reasonable;
(B) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
(C) the State plan for construction of the
facility using toll revenues is reasonable;
(D) the State will develop, manage, and
maintain a system that will automatically
collect the tolls; and
(E) the State has given preference to the use
of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System.
(5) Prohibition on noncompete agreements.--Before the
Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that the State will
not enter into an agreement with a private person under
which the State is prevented from improving or
expanding the capacity of public roads adjacent to the
toll facility to address conditions resulting from
traffic diverted to such roads from the toll facility,
including--
(A) excessive congestion;
(B) pavement wear; and
(C) an increased incidence of traffic
accidents, injuries, or fatalities.
(6) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
(A) all toll revenues received from operation
of the toll facility will be used only for--
(i) debt service;
(ii) reasonable return on investment
of any private person financing the
project; and
(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
(7) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
(8) Program term.--The Secretary may approve an
application of a State for permission to collect a toll
under this section only if the application is received
by the Secretary before the last day of the 10-year
period beginning on the date of enactment of this Act.
(9) Interstate system defined.--In this section, the
term ``Interstate System'' has the meaning such term
has under section 101 of title 23, United States Code.
* * * * * * *
Subtitle I--Miscellaneous
* * * * * * *
SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
(a) Grants.--Subject to the requirements of this section, the
Secretary shall make grants to a State that--
(1)[(A) has enacted and is enforcing a law that
prohibits the use of racial profiling in the
enforcement of State laws regulating the use of
Federal-aid highways; and]
[(B) is maintaining] is maintaining and allows public
inspection of statistical information for each motor
vehicle stop made by a law enforcement officer on a
Federal-aid highway in the State regarding the race and
ethnicity of the driver [and any passengers]; or
(2) provides assurances satisfactory to the Secretary
that the State is undertaking activities to comply with
the requirements of paragraph (1).
[(b) Eligible Activities.--A grant received by a State under
subsection (a) shall be used by the State--
[(1) in the case of a State eligible under subsection
(a)(1), for costs of--
[(A) collecting and maintaining of data on
traffic stops;
[(B) evaluating the results of the data; and
[(C) developing and implementing programs to
reduce the occurrence of racial profiling,
including programs to train law enforcement
officers; and
[(2) in the case of a State eligible under subsection
(a)(2), for costs of--
[(A) activities to comply with the
requirements of subsection (a)(1); and
[(B) any eligible activity under paragraph
(1).
[(c) Racial Profiling.--
[(1) In general.--To meet the requirement of
subsection (a)(1), a State law shall prohibit, in the
enforcement of State laws regulating the use of
Federal-aid highways, a State or local law enforcement
officer from using the race or ethnicity of the driver
or passengers to any degree in making routine or
spontaneous law enforcement decisions, such as ordinary
traffic stops on Federal-aid highways.
[(2) Limitation.--Nothing in this subsection shall
alter the manner in which a State or local law
enforcement officer considers race or ethnicity
whenever there is trustworthy information, relevant to
the locality or time frame, that links persons of a
particular race or ethnicity to an identified criminal
incident, scheme, or organization.]
(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.
[(d)] (c) Limitations.--
(1) Maximum amount of grants.--The total amount of
grants made to a State under this section in a fiscal
year may not exceed 5 percent of the amount made
available to carry out this section in the fiscal year.
(2) Eligibility.--[A State] On or after October 1,
2015, a State may not receive a grant under subsection
(a)(2) in more than 2 fiscal years.
[(e) Authorization of Appropriations.--] (d) Funding._
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$7,500,000 for each of fiscal years 2005 through 2009.]
(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 the
fiscal years 2016 through 2021 to carry out this
section.
(2) Contract authority.--Funds [authorized by] made
available under this subsection shall be available for
obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States
Code, except the Federal share of the cost of
activities carried out using such funds shall be 80
[percent, and such funds shall remain available until
expended and shall not be transferable.] percent.
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
* * * * * * *
[(c) Grant Programs.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) the following sums for the following Federal Motor
Carrier Safety Administration programs:
[(1) Commercial driver's license program improvement
grants.--For commercial driver's license program
improvement grants under section 31313 of title 49,
United States Code $30,000,000 for each of fiscal years
2013 through 2015 and $2,377,049 for the period
beginning on October 1, 2015, and ending on October 29,
2015.
[(2) Border enforcement grants.--For border
enforcement grants under section 31107 of such title
$32,000,000 for each of fiscal years 2013 through 2015
and $2,535,519 for the period beginning on October 1,
2015, and ending on October 29, 2015.
[(3) Performance and registration information system
management grant program.--For the performance and
registration information system management grant
program under section 31109 of such title $5,000,000
for each of fiscal years 2013 through 2015 and $396,175
for the period beginning on October 1, 2015, and ending
on October 29, 2015.
[(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
each of fiscal years 2013 through 2015 and $1,980,874
for the period beginning on October 1, 2015, and ending
on October 29, 2015.
[(5) Safety data improvement grants.--For safety data
improvement grants under section 4128 of this Act,
$3,000,000 for each of fiscal years 2013 through 2015
and $237,705 for the period beginning on October 1,
2015, and ending on October 29, 2015.]
(c) Authorization of Appropriations.--The following sums are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
(1) Commercial driver's license program improvement
grants.--For carrying out the commercial driver's
license program improvement grants program under
section 31313 of title 49, United States Code,
$30,480,000 for fiscal year 2016.
(2) Border enforcement grants.--For border
enforcement grants under section 31107 of that title
$32,512,000 for fiscal year 2016.
(3) Performance and registration information systems
management grant program.--For the performance and
registration information systems management grant
program under section 31109 of that title $5,080,000
for fiscal year 2016.
(4) Commercial vehicle information systems and
networks deployment.--For carrying out the commercial
vehicle information systems and networks deployment
program under section 4126 of this Act $25,400,000 for
fiscal year 2016.
(5) Safety data improvement grants.--For safety data
improvement grants under section 4128 of this Act
$3,048,000 for fiscal year 2016.
(d) Period of Availability.--The amounts made available under
subsection (c) of this section shall remain available until
expended.
(e) Initial Date of Availability.--Amounts authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) by subsection (c) 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.
(f) Contract Authority.--Approval by the Secretary of a grant
with funds made available under subsection (c) imposes upon the
United States a contractual obligation for payment of the
Government's share of costs incurred in carrying out the
objectives of the grant.
* * * * * * *
SEC. 4116. MEDICAL PROGRAM.
(a) [Omitted-Amended other laws]
(b) [Omitted-Amended other laws]
(c) [Omitted-Amended other laws]
(d) Funding.--Amounts made available pursuant to [section
31104(i)] section 31110 of title 49, United States Code, shall
be used by the Secretary to carry out section 31149 of title
49, United States Code.
(e) [Omitted-Amended other laws]
(f) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the 365th day following the date
of enactment of this Act.
* * * * * * *
SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS
DEPLOYMENT.
(a) In General.--The Secretary shall carry out a commercial
vehicle information systems and networks program to--
(1) improve the safety and productivity of commercial
vehicles and drivers; and
(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent
transportation system applications for commercial vehicle
operations, including commercial vehicle, commercial driver,
and carrier-specific information systems and networks.
(c) Core Deployment Grants.--
(1) In general.--The Secretary shall make grants to
eligible States for the core deployment of commercial
vehicle information systems and networks.
(2) Amount of grants.--The maximum aggregate amount
the Secretary may grant to a State for the core
deployment of commercial vehicle information systems
and networks under this subsection and sections
5001(a)(5) and 5001(a)(6) of the Transportation Equity
Act for the 21st Century (112 Stat. 420) may not exceed
$2,500,000. Funds deobligated by the Secretary from
previous year grants shall not be counted toward the
$2,500,000 maximum aggregate amount for core
deployment.
(3) Use of funds.--Funds from a grant under this
subsection may only be used for the core deployment of
commercial vehicle information systems and networks. An
eligible State that has either completed the core
deployment of commercial vehicle information systems
and networks or completed such deployment before grant
funds are expended under this subsection may use the
grant funds for the expanded deployment of commercial
vehicle information systems and networks in the State.
Funds may also be used for planning activities,
including the development or updating of program or top
level design plans.
(d) Expanded Deployment Grants.--
(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made grants under
subsection (c), the Secretary may make grants to each
eligible State, upon request, for the expanded
deployment of commercial vehicle information systems
and networks.
(2) Eligibility.--Each State that has completed the
core deployment of commercial vehicle information
systems and networks in such State is eligible for an
expanded deployment grant under this subsection.
(3) Amount of grants.--Each fiscal year, the
Secretary may distribute funds available for expanded
deployment grants equally among the eligible States,
but not to exceed $1,000,000 per State.
(4) Use of funds.--A State may use funds from a grant
under this subsection only for the expanded deployment
of commercial vehicle information systems and networks.
Funds may also be used for planning activities,
including the development or updating of program or top
level design plans.
(e) Eligibility.--To be eligible for a grant under this
section, a State--
(1) shall have a commercial 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
core capabilities;
(2) shall certify to the Secretary that its
commercial vehicle information systems and networks
deployment activities, including hardware procurement,
software and system development, and infrastructure
modifications--
(A) are consistent with the national
intelligent transportation systems and
commercial vehicle information systems and
networks architectures and available standards;
and
(B) promote interoperability and efficiency
to the extent practicable; and
(3) shall 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 vehicle information systems and networks.
(f) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share of
the cost of a project payable from all eligible Federal sources
shall not exceed 80 percent.
(g) Definitions.--In this section, the following definitions
apply:
(1) Commercial vehicle information systems and
networks.--The term ``commercial vehicle information
systems and networks'' means the information systems
and communications networks that provide the capability
to--
(A) improve the safety of commercial motor
vehicle operations;
(B) increase the efficiency of regulatory
inspection processes to reduce administrative
burdens by advancing technology to facilitate
inspections and increase the effectiveness of
enforcement efforts;
(C) advance electronic processing of
registration information, driver licensing
information, fuel tax information, inspection
and crash data, and other safety information;
(D) enhance the safe passage of commercial
motor vehicles across the United States and
across international borders; and
(E) promote the communication of information
among the States and encourage multistate
cooperation and corridor development.
(2) Commercial motor vehicle operations.--The term
``commercial motor vehicle operations''--
(A) means motor carrier operations and motor
vehicle regulatory activities associated with
the commercial motor vehicle movement of goods,
including hazardous materials, and passengers;
and
(B) with respect to the public sector,
includes the issuance of operating credentials,
the administration of motor vehicle and fuel
taxes, and roadside safety and border crossing
inspection and regulatory compliance
operations.
(3) Core deployment.--The term ``core deployment''
means the deployment of systems in a State necessary to
provide the State with the following capabilities:
(A) Safety information exchange to--
(i) electronically collect and
transmit commercial motor vehicle and
driver inspection data at a majority of
inspection sites in the State;
(ii) connect to the safety and
fitness electronic records system for
access to interstate carrier and
commercial motor vehicle data,
summaries of past safety performance,
and commercial motor vehicle
credentials information; and
(iii) exchange carrier data and
commercial motor vehicle safety and
credentials information within the
State and connect to such system for
access to interstate carrier and
commercial motor vehicle data.
(B) Interstate credentials administration
to--
(i) perform end-to-end processing,
including carrier application,
jurisdiction application processing,
and credential issuance, of at least
the international registration plan and
international fuel tax agreement
credentials and extend this processing
to other credentials, including
intrastate registration, vehicle
titling, oversize vehicle permits,
overweight vehicle permits, carrier
registration, and hazardous materials
permits;
(ii) connect to such plan and
agreement clearinghouses; and
(iii) have at least 10 percent of the
credentialing transaction volume in the
State handled electronically and have
the capability to add more carriers and
to extend to branch offices where
applicable.
(C) Roadside electronic screening to
electronically screen transponder-equipped
commercial vehicles at a minimum of one fixed
or mobile inspection site in the State and to
replicate this screening at other sites in the
State.
(4) Expanded deployment.--The term ``expanded
deployment'' means the deployment of systems in a State
that exceed the requirements of a core deployment of
commercial vehicle information systems and networks,
improve safety and the productivity of commercial motor
vehicle operations, and enhance transportation
security.
[Pursuant to subsections (e)(5) and (f) of section 5101 of H.R.
3763 (as reported), section 4126 of SAFETEA-LU, as amended by
other provisions of this bill and in effect on October 1, 2016,
is repealed including the item relating to that section in the
table of contents contained in section 1(b) of that Act.]
[SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS
DEPLOYMENT.
[(a) In General.--The Secretary shall carry out a commercial
vehicle information systems and networks program to--
[(1) improve the safety and productivity of
commercial vehicles and drivers; and
[(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
[(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent
transportation system applications for commercial vehicle
operations, including commercial vehicle, commercial driver,
and carrier-specific information systems and networks.
[(c) Core Deployment Grants.--
[(1) In general.--The Secretary shall make grants to
eligible States for the core deployment of commercial
vehicle information systems and networks.
[(2) Amount of grants.--The maximum aggregate amount
the Secretary may grant to a State for the core
deployment of commercial vehicle information systems
and networks under this subsection and sections
5001(a)(5) and 5001(a)(6) of the Transportation Equity
Act for the 21st Century (112 Stat. 420) may not exceed
$2,500,000. Funds deobligated by the Secretary from
previous year grants shall not be counted toward the
$2,500,000 maximum aggregate amount for core
deployment.
[(3) Use of funds.--Funds from a grant under this
subsection may only be used for the core deployment of
commercial vehicle information systems and networks. An
eligible State that has either completed the core
deployment of commercial vehicle information systems
and networks or completed such deployment before grant
funds are expended under this subsection may use the
grant funds for the expanded deployment of commercial
vehicle information systems and networks in the State.
Funds may also be used for planning activities,
including the development or updating of program or top
level design plans.
[(d) Expanded Deployment Grants.--
[(1) In general.--For each fiscal year, from the
funds remaining after the Secretary has made grants
under subsection (c), the Secretary may make grants to
each eligible State, upon request, for the expanded
deployment of commercial vehicle information systems
and networks.
[(2) Eligibility.--Each State that has completed the
core deployment of commercial vehicle information
systems and networks in such State is eligible for an
expanded deployment grant under this subsection.
[(3) Amount of grants.--Each fiscal year, the
Secretary may distribute funds available for expanded
deployment grants equally among the eligible States,
but not to exceed $1,000,000 per State.
[(4) Use of funds.--A State may use funds from a
grant under this subsection only for the expanded
deployment of commercial vehicle information systems
and networks. Funds may also be used for planning
activities, including the development or updating of
program or top level design plans.
[(e) Eligibility.--To be eligible for a grant under this
section, a State--
[(1) shall have a commercial 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
core capabilities;
[(2) shall certify to the Secretary that its
commercial vehicle information systems and networks
deployment activities, including hardware procurement,
software and system development, and infrastructure
modifications--
[(A) are consistent with the national
intelligent transportation systems and
commercial vehicle information systems and
networks architectures and available standards;
and
[(B) promote interoperability and efficiency
to the extent practicable; and
[(3) shall 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 vehicle information systems and networks.
[(f) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share of
the cost of a project payable from all eligible Federal sources
shall not exceed 80 percent.
[(g) Definitions.--In this section, the following definitions
apply:
[(1) Commercial vehicle information systems and
networks.--The term ``commercial vehicle information
systems and networks'' means the information systems
and communications networks that provide the capability
to--
[(A) improve the safety of commercial motor
vehicle operations;
[(B) increase the efficiency of regulatory
inspection processes to reduce administrative
burdens by advancing technology to facilitate
inspections and increase the effectiveness of
enforcement efforts;
[(C) advance electronic processing of
registration information, driver licensing
information, fuel tax information, inspection
and crash data, and other safety information;
[(D) enhance the safe passage of commercial
motor vehicles across the United States and
across international borders; and
[(E) promote the communication of information
among the States and encourage multistate
cooperation and corridor development.
[(2) Commercial motor vehicle operations.--The term
``commercial motor vehicle operations''--
[(A) means motor carrier operations and motor
vehicle regulatory activities associated with
the commercial motor vehicle movement of goods,
including hazardous materials, and passengers;
and
[(B) with respect to the public sector,
includes the issuance of operating credentials,
the administration of motor vehicle and fuel
taxes, and roadside safety and border crossing
inspection and regulatory compliance
operations.
[(3) Core deployment.--The term ``core deployment''
means the deployment of systems in a State necessary to
provide the State with the following capabilities:
[(A) Safety information exchange to--
[(i) electronically collect and
transmit commercial motor vehicle and
driver inspection data at a majority of
inspection sites in the State;
[(ii) connect to the safety and
fitness electronic records system for
access to interstate carrier and
commercial motor vehicle data,
summaries of past safety performance,
and commercial motor vehicle
credentials information; and
[(iii) exchange carrier data and
commercial motor vehicle safety and
credentials information within the
State and connect to such system for
access to interstate carrier and
commercial motor vehicle data.
[(B) Interstate credentials administration
to--
[(i) perform end-to-end processing,
including carrier application,
jurisdiction application processing,
and credential issuance, of at least
the international registration plan and
international fuel tax agreement
credentials and extend this processing
to other credentials, including
intrastate registration, vehicle
titling, oversize vehicle permits,
overweight vehicle permits, carrier
registration, and hazardous materials
permits;
[(ii) connect to such plan and
agreement clearinghouses; and
[(iii) have at least 10 percent of
the credentialing transaction volume in
the State handled electronically and
have the capability to add more
carriers and to extend to branch
offices where applicable.
[(C) Roadside electronic screening to
electronically screen transponder-equipped
commercial vehicles at a minimum of one fixed
or mobile inspection site in the State and to
replicate this screening at other sites in the
State.
[(4) Expanded deployment.--The term ``expanded
deployment'' means the deployment of systems in a State
that exceed the requirements of a core deployment of
commercial vehicle information systems and networks,
improve safety and the productivity of commercial motor
vehicle operations, and enhance transportation
security.
[SEC. 4127. OUTREACH AND EDUCATION.
[(a) In General.--The Secretary shall conduct, through any
combination of grants, contracts, or cooperative agreements, an
outreach and education program to be administered by the
Federal Motor Carrier Safety Administration and the National
Highway Traffic Safety Administration.
[(b) Program Elements.--The program shall include, at a
minimum, the following:
[(1) A program to promote a more comprehensive and
national effort to educate commercial motor vehicle
drivers and passenger vehicle drivers about how
commercial motor vehicle drivers and passenger vehicle
drivers can more safely share the road with each other.
[(2) A program to promote enhanced traffic
enforcement efforts aimed at reducing the incidence of
the most common unsafe driving behaviors that cause or
contribute to crashes involving commercial motor
vehicles and passenger vehicles.
[(3) A program to establish a public-private
partnership to provide resources and expertise for the
development and dissemination of information relating
to sharing the road referred to in paragraphs (1) and
(2) to each partner's constituents and to the general
public through the use of brochures, videos, paid and
public advertisements, the Internet, and other media.
[(c) Federal Share.--The Federal share of a program or
activity for which a grant is made under this section shall be
100 percent of the cost of such program or activity.
[(d) Annual Report.--The Secretary shall prepare and transmit
to Congress an annual report on the programs and activities
carried out under this section. The final annual report shall
be submitted not later than September 30, 2009.
[(e) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $4,000,000 to the Federal Motor Carrier Safety
Administration for each of fiscal years 2013 through 2015 and
$316,940 to the Federal Motor Carrier Safety Administration for
the period beginning on October 1, 2015, and ending on October
29, 2015, to carry out this section (other than subsection
(f)).
[(f) Study.--The Comptroller General shall update the
Government Accountability Office's evaluation of the ``Share
the Road Safely'' program to determine if it has achieved
reductions in the number and severity of commercial motor
vehicle crashes, including reductions in the number of deaths
and the severity of injuries sustained in these crashes and
shall report its updated evaluation to Congress no later than
June 30, 2006.
[SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM.
[(a) In General.--The Secretary shall make grants to States
for projects and activities to improve the accuracy,
timeliness, and completeness of commercial motor vehicle safety
data reported to the Secretary.
[(b) Eligibility.--A State shall be eligible for a grant
under this section in a fiscal year if the Secretary determines
that the State has--
[(1) conducted a comprehensive audit of its
commercial motor vehicle safety data system within the
preceding 2 years;
[(2) developed a plan that identifies and prioritizes
its commercial motor vehicle safety data needs and
goals; and
[(3) identified performance-based measures to
determine progress toward those goals.
[(c) Federal Share.--The Federal share of a grant under this
section shall be 80 percent of the cost of the activities for
which the grant is made.
[(d) Biennial Report.--Not later than 2 years after the date
of enactment of this Act, and biennially thereafter, the
Secretary shall transmit to Congress a report on the activities
and results of the program carried out under this section,
together with any recommendations the Secretary determines
appropriate.]
* * * * * * *
SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.
(a) Establishment.--The Secretary shall establish a grant
program for persons to train operators of commercial motor
vehicles (as defined in section 31301 of title 49, United
States Code). The purpose of the program shall be to train
operators and future operators in the safe use of such
vehicles.
(b) Federal Share.--The Federal share of the cost for which a
grant is made under this section shall be 80 percent.
[(c) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 for each of fiscal years 2005 through
2015 and $79,235 for the period beginning on October 1, 2015,
and ending on October 29, 2015, to carry out this section.]
(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.
[Pursuant to subsections (e)(7) and (f) of section 5101 of H.R.
3763 (as reported), section 4134 of SAFETEA-LU, as amended by
other provisions of this bill and in effect on October 1, 2016,
is repealed including the item relating to that section in the
table of contents contained in section 1(b) of that Act.]
[SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.
[(a) Establishment.--The Secretary shall establish a grant
program for persons to train operators of commercial motor
vehicles (as defined in section 31301 of title 49, United
States Code). The purpose of the program shall be to train
operators and future operators in the safe use of such
vehicles.
[(b) Federal Share.--The Federal share of the cost for which
a grant is made under this section shall be 80 percent.
[(c) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 for each of fiscal years 2005 through
2015 and $79,235 for the period beginning on October 1, 2015,
and ending on October 29, 2015, to carry out this section.
[(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.]
* * * * * * *
----------
MAP-21
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Moving Ahead
for Progress in the 21st Century Act'' or the ``MAP-21''.
* * * * * * *
(c) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; organization of Act into divisions; table of
contents.
* * * * * * *
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
[Sec. 1117. State freight advisory committees.
[Sec. 1118. State freight plans.]
* * * * * * *
Subtitle C--Acceleration of Project Delivery
* * * * * * *
[Sec. 1319. Accelerated decisionmaking in environmental reviews.]
* * * * * * *
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
SEC. 1109. WORKFORCE DEVELOPMENT.
(a) On-the-job Training.--Section 140(b) of title 23, United
States Code, is amended--
(1) in the second sentence, by striking ``Whenever
apportionments are made under section 104(b)(3) of this
title,'' and inserting ``From administrative funds made
available under section 104(a),''; and
(2) in the [fourth] fifth sentence, by striking ``and
the bridge program under section 144''.
(b) Disadvantaged Business Enterprise.--Section 140(c) of
title 23, United States Code, is amended in the second sentence
by striking ``Whenever apportionments are made under section
104(b)(3),'' and inserting ``From administrative funds made
available under section 104(a),''.
* * * * * * *
[SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.
[(a) In General.--The Secretary 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,
shippers, carriers, freight-related associations, 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 1118.
[SEC. 1118. STATE FREIGHT PLANS.
[(a) In General.--The Secretary shall encourage each State to
develop a freight plan that provides a comprehensive plan for
the immediate and long-range planning activities and
investments of the State with respect to freight.
[(b) Plan Contents.--A freight plan described in subsection
(a) shall include, at a minimum--
[(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
[(2) a description of the freight policies,
strategies, and performance measures that will guide
the freight-related transportation investment decisions
of the State;
[(3) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 167 of title 23, United
States Code;
[(4) evidence of consideration of innovative
technologies and operational strategies, including
intelligent transportation systems, that improve the
safety and efficiency of freight movement;
[(5) in the case of routes on which travel by heavy
vehicles (including mining, agricultural, energy cargo
or equipment, and timber vehicles) is projected to
substantially deteriorate the condition of roadways, a
description of improvements that may be required to
reduce or impede the deterioration; and
[(6) an inventory of facilities with freight mobility
issues, such as truck bottlenecks, within the State,
and a description of the strategies the State is
employing to address those freight mobility issues.
[(c) Relationship to Long-range Plan.--A freight plan
described in subsection (a) may be developed separate from or
incorporated into the statewide strategic long-range
transportation plan required by section 135 of title 23, United
States Code.]
* * * * * * *
SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or
disaster'' means damage to a tribal transportation
facility that--
(A) renders the tribal transportation
facility impassable or unusable;
(B) is caused by--
(i) a natural disaster over a
widespread area; or
(ii) a catastrophic failure from an
external cause; and
(C) would be eligible under the emergency
relief program under section 125 of title 23,
United States Code, but does not meet the
funding thresholds required by that section.
(2) List.--The term ``list'' means the funding
priority list developed under subsection (c)(5).
(3) Program.--The term ``program'' means the Tribal
High Priority Projects program established under
subsection (b)(1).
(4) Project.--The term ``project'' means a project
provided funds under the program.
(b) Program.--
(1) In general.--The Secretary shall use amounts made
available under subsection (h) to carry out a Tribal
High Priority Projects program under which funds shall
be provided to eligible applicants in accordance with
this section.
(2) Eligible applicants.--Applicants eligible for
program funds under this section include--
(A) an Indian tribe whose annual allocation
of funding under section 202 of title 23,
United States Code, is insufficient to complete
the highest priority project of the Indian
tribe;
(B) a governmental subdivision of an Indian
tribe--
(i) that is authorized to administer
the funding of the Indian tribe under
section 202 of title 23, United States
Code; and
(ii) for which the annual allocation
under that section is insufficient to
complete the highest priority project
of the Indian tribe; or
(C) any Indian tribe that has an emergency or
disaster with respect to a transportation
facility included on the national inventory of
tribal transportation facilities under section
202(b)(1) of title 23, United States Code.
(c) Project Applications; Funding.--
(1) In general.--To apply for funds under this
section, an eligible applicant shall submit to the
Department of the Interior or the Department an
application that includes--
(A) project scope of work, including
deliverables, budget, and timeline;
(B) the amount of funds requested;
(C) project information addressing--
(i) the ranking criteria identified
in paragraph (3); or
(ii) the nature of the emergency or
disaster;
(D) documentation that the project meets the
definition of a tribal transportation facility
and is included in the national inventory of
tribal transportation facilities under section
202(b)(1) of title 23, United States Code;
(E) documentation of official tribal action
requesting the project;
(F) documentation from the Indian tribe
providing authority for the Secretary of the
Interior to place the project on a
transportation improvement program if the
project is selected and approved; and
(G) any other information the Secretary of
the Interior or Secretary considers appropriate
to make a determination.
(2) Limitation on applications.--An applicant for
funds under the program may only have 1 application for
assistance under this section pending at any 1 time,
including any emergency or disaster application.
(3) Application ranking.--
(A) In general.--The Secretary of the
Interior and the Secretary shall determine the
eligibility of, and fund, program applications,
subject to the availability of funds.
(B) Ranking criteria.--The project ranking
criteria for applications under this section
shall include--
(i) the existence of safety hazards
with documented fatality and injury
accidents;
(ii) the number of years since the
Indian tribe last completed a
construction project funded by section
202 of title 23, United States Code;
(iii) the readiness of the Indian
tribe to proceed to construction or
bridge design need;
(iv) the percentage of project costs
matched by funds that are not provided
under section 202 of title 23, United
States Code, with projects with a
greater percentage of other sources of
matching funds ranked ahead of lesser
matches);
(v) the amount of funds requested,
with requests for lesser amounts given
greater priority;
(vi) the challenges caused by
geographic isolation; and
(vii) all weather access for
employment, commerce, health, safety,
educational resources, or housing.
(4) Project scoring matrix.--The project scoring
matrix established in the appendix to part 170 of title
25, Code of Regulations (as in effect on the date of
enactment of this Act) shall be used to rank all
applications accepted under this section.
(5) Funding priority list.--
(A) In general.--The Secretary of the
Interior and the Secretary shall jointly
produce a funding priority list that ranks the
projects approved for funding under the
program.
(B) Limitation.--The number of projects on
the list shall be limited by the amount of
funding made available.
(6) Timeline.--The Secretary of the Interior and the
Secretary shall--
(A) require applications for funding no
sooner than 60 days after funding is made
available pursuant to subsection (a);
(B) notify all applicants and Regions in
writing of acceptance of applications;
(C) rank all accepted applications in
accordance with the project scoring matrix,
develop the funding priority list, and return
unaccepted applications to the applicant with
an explanation of deficiencies;
(D) notify all accepted applicants of the
projects included on the funding priority list
no later than 180 days after the application
deadline has passed pursuant to subparagraph
(A); and
(E) distribute funds to successful
applicants.
(d) Emergency or Disaster Project Applications.--
(1) In general.--Notwithstanding subsection (c)(6),
an eligible applicant may submit an emergency or
disaster project application at any time during the
fiscal year.
(2) Consideration as priority.--The Secretary shall--
(A) consider project applications submitted
under paragraph (1) to be a priority; and
(B) fund the project applications in
accordance with paragraph (3).
(3) Funding.--
(A) In general.--If an eligible applicant
submits an application for a project under this
subsection before the issuance of the list
under subsection (c)(5) and the project is
determined to be eligible for program funds,
the Secretary of the Interior shall provide
funding for the project before providing
funding for other approved projects on the
list.
(B) Submission after issuance of list.--If an
eligible applicant submits an application under
this subsection after the issuance of the list
under subsection (c)(5) and the distribution of
program funds in accordance with the list, the
Secretary of the Interior shall provide funding
for the project on the date on which
unobligated funds provided to projects on the
list are returned to the Department of the
Interior.
(C) Effect on other projects.--If the
Secretary of the Interior uses funding
previously designated for a project on the list
to fund an emergency or disaster project under
this subsection, the project on the list that
did not receive funding as a result of the
redesignation of funds shall move to the top of
the list the following year.
(4) Emergency or disaster project cost.--The cost of
a project submitted as an emergency or disaster under
this subsection shall be at least 10 percent of the
distribution of funds of the Indian tribe under section
202(b) of title 23, United States Code.
(e) Limitation on Use of Funds.--Program funds shall not be
used for--
(1) transportation planning;
(2) research;
(3) routine maintenance activities;
(4) structures and erosion protection unrelated to
transportation and roadways;
(5) general reservation planning not involving
transportation;
(6) landscaping and irrigation systems not involving
transportation programs and projects;
(7) work performed on projects that are not included
on a transportation improvement program approved by the
Federal Highway Administration, unless otherwise
authorized by the Secretary of the Interior and the
Secretary;
(8) the purchase of equipment unless otherwise
authorized by Federal law; or
(9) the condemnation of land for recreational trails.
(f) Limitation on Project Amounts.--Project funding shall be
limited to a maximum of $1,000,000 per application, except that
funding for disaster or emergency projects shall also be
limited to the estimated cost of repairing damage to the tribal
transportation facility.
(g) Cost Estimate Certification.--All cost estimates prepared
for a project shall be required to be submitted by the
applicant to the Secretary of the Interior and the Secretary
for certification and approval.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $30,000,000 out of the general fund of the
Treasury to carry out the program for each of [fiscal
years 2013 through 2015 and $2,377,049 out of the
general fund of the Treasury to carry out the program
for the period beginning on October 1, 2015, and ending
on October 29, 2015.] fiscal years 2016 through 2021.
(2) Administration.--The funds made available under
paragraph (1) shall be administered in the same manner
as funds made available for the tribal transportation
program under section 202 of title 23, United States
Code, except that--
(A) the funds made available for the program
shall remain available until September 30 of
the third fiscal year after the year
appropriated; and
(B) the Federal share of the cost of a
project shall be 100 percent.
Subtitle B--Performance Management
* * * * * * *
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--[Section 150 of title 23, United States
Code, is amended to read as follows] Title 23, United States
Code, is amended by inserting after section 149 the following:
``SEC. 150. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
``(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking
through performance-based planning and programming.
``(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
``(1) Safety.--To achieve a significant reduction in
traffic fatalities and serious injuries on all public
roads.
``(2) Infrastructure condition.--To maintain the
highway infrastructure asset system in a state of good
repair.
``(3) Congestion reduction.--To achieve a significant
reduction in congestion on the National Highway System.
``(4) System reliability.--To improve the efficiency
of the surface transportation system.
``(5) Freight movement and economic vitality.--To
improve the national freight network, strengthen the
ability of rural communities to access national and
international trade markets, and support regional
economic development.
``(6) Environmental sustainability.--To enhance the
performance of the transportation system while
protecting and enhancing the natural environment.
``(7) Reduced project delivery delays.--To reduce
project costs, promote jobs and the economy, and
expedite the movement of people and goods by
accelerating project completion through eliminating
delays in the project development and delivery process,
including reducing regulatory burdens and improving
agencies' work practices.
``(c) Establishment of Performance Measures.--
``(1) In general.--Not later than 18 months after the
date of enactment of the MAP-21, the Secretary, in
consultation with State departments of transportation,
metropolitan planning organizations, and other
stakeholders, shall promulgate a rulemaking that
establishes performance measures and standards.
``(2) Administration.--In carrying out paragraph (1),
the Secretary shall--
``(A) provide States, metropolitan planning
organizations, and other stakeholders not less
than 90 days to comment on any regulation
proposed by the Secretary under that paragraph;
``(B) take into consideration any comments
relating to a proposed regulation received
during that comment period; and
``(C) limit performance measures only to
those described in this subsection.
``(3) National highway performance program.--
``(A) In general.--Subject to subparagraph
(B), for the purpose of carrying out section
119, the Secretary shall establish--
``(i) minimum standards for States to
use in developing and operating bridge
and pavement management systems;
``(ii) measures for States to use to
assess--
``(I) the condition of
pavements on the Interstate
system;
``(II) the condition of
pavements on the National
Highway System (excluding the
Interstate);
``(III) the condition of
bridges on the National Highway
System;
``(IV) the performance of the
Interstate System; and
``(V) the performance of the
National Highway System
(excluding the Interstate
System);
``(iii) minimum levels for the
condition of pavement on the Interstate
System, only for the purposes of
carrying out section 119(f)(1); and
``(iv) the data elements that are
necessary to collect and maintain
standardized data to carry out a
performance-based approach.
``(B) Regions.--In establishing minimum
condition levels under subparagraph (A)(iii),
if the Secretary determines that various
geographic regions of the United States
experience disparate factors contributing to
the condition of pavement on the Interstate
System in those regions, the Secretary may
establish different minimum levels for each
region;
``(4) Highway safety improvement program.--For the
purpose of carrying out section 148, the Secretary
shall establish measures for States to use to assess--
``(A) serious injuries and fatalities per
vehicle mile traveled; and
``(B) the number of serious injuries and
fatalities.
``(5) Congestion mitigation and air quality
program.--For the purpose of carrying out section 149,
the Secretary shall establish measures for States to
use to assess--
``(A) traffic congestion; and
``(B) on-road mobile source emissions.
``(6) National freight movement.--The Secretary shall
establish measures for States to use to assess freight
movement on the Interstate System.
``(d) Establishment of Performance Targets.--
``(1) In general.--Not later than 1 year after the
Secretary has promulgated the final rulemaking under
subsection (c), each State shall set performance
targets that reflect the measures identified in
paragraphs (3), (4), (5), and (6) of subsection (c).
``(2) Different approaches for urban and rural
areas.--In the development and implementation of any
performance target, a State may, as appropriate,
provide for different performance targets for urbanized
and rural areas.
``(e) Reporting on Performance Targets.--Not later than 4
years after the date of enactment of the MAP-21 and biennially
thereafter, a State shall submit to the Secretary a report that
describes--
``(1) the condition and performance of the National
Highway System in the State;
``(2) the effectiveness of the investment strategy
document in the State asset management plan for the
National Highway System;
``(3) progress in achieving performance targets
identified under subsection (d); and
``(4) the ways in which the State is addressing
congestion at freight bottlenecks, including those
identified in the National Freight Strategic Plan,
within the State.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended [by striking the item
relating to section 150 and inserting] by inserting after the
item relating to section 149 the following:
``150. National goals and performance management measures.''.
Subtitle C--Acceleration of Project Delivery
* * * * * * *
SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Program Name.--Section 327 of title 23, United States
Code, is amended--
[(1) in the section heading by striking ``PILOT'';
and]
(1) in the section heading by striking ``pilot''; and
(2) in subsection (a)(1) by striking ``pilot''.
(b) Assumption of Responsibility.--Section 327(a)(2) of title
23, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (i) by striking ``but''; and
(B) by striking clause (ii) and inserting the
following:
``(ii) at the request of the State,
the Secretary may also assign to the
State, and the State may assume, the
responsibilities of the Secretary with
respect to 1 or more railroad, public
transportation, or multimodal projects
within the State under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(iii) in a State that has assumed
the responsibilities of the Secretary
under clause (ii), a recipient of
assistance under chapter 53 of title 49
may request that the Secretary maintain
the responsibilities of the Secretary
with respect to 1 or more public
transportation projects within the
State under the National Environmental
Policy Act of 1969 (42 U.S.C. 13 4321
et seq.); but
``(iv) the Secretary may not assign--
``(I) any responsibility
imposed on the Secretary by
section 134 or 135 or section
5303 or 5304 of title 49; or
``(II) responsibility for any
conformity determination
required under section 176 of
the Clean Air Act (42 U.S.C.
7506).''; and
(2) by adding at the end the following:
``(F) Preservation of flexibility.--The
Secretary may not require a State, as a
condition of participation in the program, to
forego project delivery methods that are
otherwise permissible for projects.
``(G) Legal fees.--A State assuming the
responsibilities of the Secretary under this
section for a specific project may use funds
apportioned to the State under section
104(b)(2) for attorneys' fees directly
attributable to eligible activities associated
with the project.''.
(c) State Participation.--Section 327(b) of title 23, United
States Code, is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1) Participating states.--All States are eligible
to participate in the program.''; and
(2) in paragraph (2) by striking ``date of enactment
of this section, the Secretary shall promulgate'' and
inserting ``date on which amendments to this section by
the MAP-21 take effect, the Secretary shall amend, as
appropriate,''.
(d) Written Agreement.--Section 327(c) of title 23, United
States Code, is amended--
(1) in paragraph (3)(D) by striking the period at the
end and inserting a semicolon; and
(2) by adding at the end the following:
``(4) require the State to provide to the Secretary
any information the Secretary considers necessary to
ensure that the State is adequately carrying out the
responsibilities assigned to the State;
``(5) have a term of not more than 5 years; and
``(6) be renewable.''.
(e) Conforming Amendment.--Section 327(e) of title 23, United
States Code, is amended by striking ``subsection (i)'' and
inserting ``subsection (j)''.
(f) Audits.--Section 327(g)(1)(B) of title 23, United States
Code, is amended by striking ``subsequent year'' and inserting
``of the third and fourth years''.
(g) Monitoring.--Section 327 of title 23, United States Code,
is amended--
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Monitoring.--After the fourth year of the participation
of a State in the program, the Secretary shall monitor
compliance by the State with the written agreement, including
the provision by the State of financial resources to carry out
the written agreement.''.
(h) Termination.--Section 327(j) of title 23, United States
Code (as so redesignated), is amended to read as follows:
``(j) Termination.--
``(1) Termination by the 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) notification of the
determination of noncompliance; and
``(ii) a period of at least 30 days
during which to take such corrective
action as the Secretary determines is
necessary to comply with the applicable
agreement; and
``(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by the Secretary.
``(2) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice by
not later than the date that is 90 days before the date
of termination, and subject to such terms and
conditions as the Secretary may provide.''.
(i) Clerical Amendment.--The item relating to section 327 in
the analysis of title 23, United States Code, is amended to
read as follows:
``327. Surface transportation project delivery program.''.
SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
PROJECTS.
(a) In General.--[Omitted--amends other law]
(b) Conforming Amendment.--The item relating to section 304
in the analysis for chapter 3 of title 49, United States Code,
is amended to read as follows:.
``304. Application of categorical exclusions for multimodal projects.
''.
* * * * * * *
SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--*
(1) designate as an action categorically excluded
from the requirements relating to environmental
assessments or environmental impact statements under
section 1508.4 of title 40, Code of Federal
Regulations, and section 771.117(c) of title 23, Code
of Federal Regulations, any project--
(A) that receives less than $5,000,000 (as
adjusted annually by the Secretary to reflect
any increases in the Consumer Price Index
prepared by the Department of Labor) of Federal
funds; or
(B) with a total estimated cost of not more
than $30,000,000 (as adjusted annually by the
Secretary to reflect any increases in the
Consumer Price Index prepared by the Department
of Labor) and Federal funds comprising less
than 15 percent of the total estimated project
cost; and
(2) not later than 150 days after the date of
enactment of this Act, promulgate regulations to carry
out paragraph (1).
* * * * * * *
[SEC. 1319. 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, or reasons that
support the position of the agency; and
[(2) if appropriate, indicate the circumstances that
would trigger agency reappraisal or further response.
[(b) Incorporation.--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 are significant new circumstances or
information relevant to environmental concerns and that
bear on the proposed action or the impacts of the
proposed action.]
* * * * * * *
Subtitle E--Miscellaneous
* * * * * * *
SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States Code,
is amended--
(1) in subsection (a)(2) by inserting ``recipient''
before ``formalizing'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading, by striking
``Non-interstate'';
(ii) by striking ``but not on the
Interstate System''; and inserting ``,
including projects on the Interstate
System''; and
(iii) by striking ``of projects'' and
all that follows through the period at
the end and inserting ``with respect to
the projects unless the Secretary
determines that the assumption is not
appropriate.''; and
(B) by striking paragraph (4) and inserting
the following:
``(4) Limitation on interstate projects.--
``(A) In general.--The Secretary shall not
assign any responsibilities to a State for
projects the Secretary determines to be in a
high risk category, as defined under
subparagraph (B).
``(B) High risk categories.--The Secretary
may define the high risk categories under this
subparagraph on a national basis, a State-by-
State basis, or a national and State-by-State
basis, as determined to be appropriate by the
Secretary.'';
(3) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause
(i)--
(I) by striking ``concept''
and inserting ``planning''; and
(II) by striking
``multidisciplined'' and
inserting
``multidisciplinary''; and
(ii) by striking clause (i) and
inserting the following:
``(i) providing the needed functions
safely, reliably, and at the lowest
overall lifecycle cost;'';
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A) by striking ``or other
cost-reduction analysis'';
(ii) in subparagraph (A)--
(I) by striking ``Federal-aid
system'' and inserting
``National Highway System
receiving Federal assistance'';
and
(II) by striking
``$25,000,000'' and inserting
``$50,000,000''; and
(iii) in subparagraph (B)--
(I) by inserting ``on the
National Highway System
receiving Federal assistance''
after ``a bridge project''; and
(II) by striking
``$20,000,000'' and inserting
``$40,000,000''; and
(C) by striking paragraph (4) and inserting
the following:
``(4) Requirements.--
``(A) Value engineering program.--The State
shall develop and carry out a value engineering
program that--
``(i) establishes and documents value
engineering program policies and
procedures;
``(ii) ensures that the required
value engineering analysis is conducted
before completing the final design of a
project;
``(iii) ensures that the value
engineering analysis that is conducted,
and the recommendations developed and
implemented for each project, are
documented in a final value engineering
report; and
``(iv) monitors, evaluates, and
annually submits to the Secretary a
report that describes the results of
the value analyses that are conducted
and the recommendations implemented for
each of the projects described in
paragraph (2) that are completed in the
State.
``(B) Bridge projects.--The value engineering
analysis for a bridge project under paragraph
(2) shall--
``(i) include bridge superstructure
and substructure requirements based on
construction material; and
``(ii) be evaluated by the State--
``(I) on engineering and
economic bases, taking into
consideration acceptable
designs for bridges; and
``(II) using an analysis of
lifecycle costs and duration of
project construction.
``(5) Design-build projects.--A requirement to
provide a value engineering analysis under this
subsection shall not apply to a project delivered using
the design-build method of construction.'';
(4) in subsection (h)--
(A) in paragraph (1)(B) by inserting ``,
including a phasing plan when applicable''
after ``financial plan''; and
(B) by striking paragraph (3) and inserting
the following:
``(3) Financial plan.--A financial plan--
``(A) shall be based on detailed estimates of
the cost to complete the project;
``(B) shall provide for the annual submission
of updates to the Secretary that are based on
reasonable assumptions, as determined by the
Secretary, of future increases in the cost to
complete the project;
``(C) may include a phasing plan that
identifies fundable incremental improvements or
phases that will address the purpose and the
need of the project in the short term in the
event there are insufficient financial
resources to complete the entire project. If a
phasing plan is adopted for a project pursuant
to this section, the project shall be deemed to
satisfy the fiscal constraint requirements in
the statewide and metropolitan planning
requirements in sections 134 and 135; and
``(D) shall assess the appropriateness of a
public-private partnership to deliver the
project.''; and
(5) by adding at the end the following:
``(j) Use of Advanced Modeling Technologies.--
``(1) Definition of advanced modeling technology.--In
this subsection, the term `advanced modeling
technology' means an available or developing
technology, including 3-dimensional digital modeling,
that can--
``(A) accelerate and improve the
environmental review process;
``(B) increase effective public
participation;
``(C) enhance the detail and accuracy of
project designs;
``(D) increase safety;
``(E) accelerate construction, and reduce
construction costs; or
``(F) otherwise expedite project delivery
with respect to transportation projects that
receive Federal funding.
``(2) Program.--With respect to transportation
projects that receive Federal funding, the Secretary
shall encourage the use of advanced modeling
technologies during environmental, planning, financial
management, design, simulation, and construction
processes of the projects.
``(3) Activities.--In carrying out paragraph (2), the
Secretary shall--
``(A) compile information relating to
advanced modeling technologies, including
industry best practices with respect to the use
of the technologies;
``(B) disseminate to States information
relating to advanced modeling technologies,
including industry best practices with respect
to the use of the technologies; and
``(C) promote the use of advanced modeling
technologies.
``(4) Comprehensive plan.--The Secretary shall
develop and publish on the public website of the
Department of Transportation a detailed and
comprehensive plan for the implementation of paragraph
(2).''.
(b) Review of Oversight Program.--
(1) In general.--The Secretary shall review the
oversight program established under section 106(g) of
title 23, United States Code, to determine the efficacy
of the program in monitoring the effective and
efficient use of funds authorized to carry out title
23, United States Code.
(2) Minimum requirements for review.--At a minimum,
the review under paragraph (1) shall assess the
capability of the program to--
(A) identify projects funded under title 23,
United States Code, for which there are cost or
schedule overruns; and
(B) evaluate the extent of such overruns.
(3) Report to congress.--Not later than 2 years 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 Environment and Public Works of the Senate
a report on the results of the review conducted under
paragraph (1), which shall include recommendations for
legislative changes to improve the oversight program
established under section 106(g) of title 23, United
States Code.
[(c) Transparency and Accountability.--
[(1) Data collection.--The Secretary shall compile
and make available on the public website of the
Department of Transportation the annual expenditure
data for funds made available under title 23 and
chapter 53 of title 49, United States Code.
[(2) Requirements.--In carrying out paragraph (1),
the Secretary shall ensure that the data made available
on the public website of the Department of
Transportation--
[(A) is organized by project and State;
[(B) to the maximum extent practicable, is
updated regularly to reflect the current status
of obligations, expenditures, and Federal-aid
projects; and
[(C) can be searched and downloaded by users
of the website.
[(3) Report to congress.--The Secretary shall
annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing a summary of the data
described in paragraph (1) for the 1-year period ending
on the date on which the report is submitted.]
* * * * * * *
SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.
(a) Consolidation of Programs.--[From administrative funds
made available under section 104(a) of title 23, United States
Code, not less than $3,000,000 for each of fiscal years 2013
and 2014 shall be made available] For each of fiscal years 2016
through 2021, 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--
(1) to carry out safety-related activities,
including--
(A) to carry out the operation lifesaver
program--
(i) to provide public information and
education programs to help prevent and
reduce motor vehicle accidents,
injuries, and fatalities; and
(ii) to improve driver performance at
railway-highway crossings; and
(B) to provide work zone safety grants in
accordance with subsections (a) and (b) of
section 1409 of the SAFETEA-LU (23 U.S.C. 401
note; 119 Stat. 1232); and
(2) to operate authorized safety-related
clearinghouses, including--
(A) the national work zone safety information
clearinghouse authorized by section 358(b)(2)
of the National Highway System Designation Act
of 1995 (23 U.S.C. 401 note; 109 Stat. 625);
and
(B) a public road safety clearinghouse in
accordance with section 1411(a) of the SAFETEA-
LU (23 U.S.C. 402 note; 119 Stat. 1234).
(b) Repeals.--
(1) Title 23.--
(A) In general.--Sections 105, 110, 117, 124,
151, 155, 157, 160, 212, 216, 303, and 309 of
title 23, United States Code, are repealed.
(B) Set asides.--Section 118 of title 23,
United States Code, is amended--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d)
and (e) as subsections (c) and (d),
respectively.
(2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803,
1804, 1907, and 1958 of SAFETEA-LU (Public Law 109-59)
are repealed.
(3) Additional.--Section 1132 of the Energy
Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1763) is repealed.
(c) Conforming Amendments.--
(1) Title analysis.--
(A) Chapter 1.--The analysis for chapter 1 of
title 23, United States Code, is amended by
striking the items relating to sections 105,
110, 117, 124, 151, 155, 157, and 160.
(B) Chapter 2.--The analysis for chapter 2 of
title 23, United States Code, is amended by
striking the items relating to sections 212 and
216.
(C) Chapter 3.--The analysis for chapter 3 of
title 23, United States Code, is amended by
striking the items relating to sections 303 and
309.
(2) Table of contents.--The table of contents
contained in section 1(b) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1144) is amended by striking the
items relating to sections 1302, 1305, 1306, 1803,
1804, 1907, and 1958.
[(3) Section 104.--Section 104(e) of title 23, United
States Code, is amended by striking ``, 105,''.]
[(4)] (3) Section 109.--Section 109(q) of title 23,
United States Code, is amended by striking ``in
accordance with section 303 or''.
[(5)] (4) Section 118.--Section 118(b) of title 23,
United States Code, is amended--
(A) by striking paragraph (1) and all that
follows through the heading of paragraph (2);
and
(B) by striking ``(other than for Interstate
construction)''.
[(6)] (5) Section 130.--Section 130 of title 23,
United States Code, is amended--
(A) in subsection (e) by striking ``section
104(b)(5)'' and inserting ``section
104(b)(3)'';
(B) in subsection (f)(1) by inserting ``as in
effect on the day before the date of enactment
of the MAP-21'' after ``section 104(b)(3)(A)'';
and
(C) in subsection (l) by striking paragraphs
(3) and (4).
[(7)] (6) Section 131.--Section 131(m) of title 23,
United States Code, is amended by striking ``Subject to
approval by the Secretary in accordance with the
program of projects approval process of section 105, a
State'' and inserting ``A State''.
[(8)] (7) Section 133.--Paragraph (13) of section
133(b) of title 23, United States Code (as amended by
section 1108(a)(3)), is amended by striking ``under
section 303[.]''.
[(9)] (8) Section 142.--Section 142 of title 23,
United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``motor
vehicles (other [than rail]
than on rail)'' and inserting
``buses'';
(II) by striking ``(hereafter
in this section referred to
as`buses')'';
(III) by striking ``Federal-
aid systems'' and inserting
``Federal-aid highways''; and
(IV) by striking ``Federal-
aid system'' and inserting
``Federal-aid highway''; and
(ii) in paragraph (2)--
(I) by striking ``as a
project on the the surface
transportation program for'';
and
(II) by striking ``section
104(b)(3)'' and inserting
``section 104(b)(2)'';
(B) in subsection (b) by striking
``104(b)(4)'' and inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each
place it appears and inserting
``highway''; and
(ii) by striking ``highway
facilities'' and inserting ``highways
eligible under the program that is the
source of the funds'';
(D) in subsection (e)(2) by striking
``Notwithstanding section 209(f)(1) of the
Highway Revenue Act of 1956, the Highway Trust
Fund shall be available for making expenditures
to meet obligations resulting from projects
authorized by subsection (a)(2) of this section
and such projects'' and inserting ``Projects
authorized by subsection (a)(2)''; and
(E) in subsection (f) by striking ``exits''
and inserting ``exists''.
[(10)] (9) Section 145.--Section 145(b) of title 23,
United States Code, is amended by striking ``section
117 of this title,''.
[(11)] (10) Section 218.--Section 218 of title 23,
United States Code, is amended--
(A) in subsection (a)--
(i) by striking the first two
sentences;
(ii) in the third sentence--
(I) by striking ``, in
addition to such funds,''; and
(II) by striking ``such
highway or'';
(iii) by striking the fourth sentence
and fifth sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as
subsection (b).
[(12)] (11) Section 610.--Section 610(d)(1)(B) of
title 23, United States Code, is amended by striking
``under section 105''.
* * * * * * *
SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Sense of the Senate.--It is the Sense of the Senate that
the timely completion of the Appalachian development highway
system is a transportation priority in the national interest.
(b) Modified Federal Share for Projects on ADHS.--For fiscal
years 2012 through 2021, the Federal share payable for the cost
of constructing highways and access roads on the Appalachian
development highway system under section 14501 of title 40,
United States Code, with funds made available to a State for
fiscal year 2012 or a previous fiscal year for the Appalachian
development highway system program, or with funds made
available for fiscal year 2012 or a previous fiscal year for a
specific project, route, or corridor on that system, shall be
100 percent (or a lower percentage if so requested by a State
with respect to a project).
(c) Federal Share for Other Funds Used on ADHS.--For fiscal
years 2012 through 2021, the Federal share payable for the cost
of constructing highways and access roads on the Appalachian
development highway system under section 14501 of title 40,
United States Code, with Federal funds apportioned to a State
for a program other than the Appalachian development highway
system program shall be 100 percent (or a lower percentage if
so requested by a State with respect to a project).
(d) Completion Plan.--
(1) In general.--Subject to paragraph (2), not later
than 1 year after the date of enactment of the MAP-21,
each State represented on the Appalachian Regional
Commission shall establish a plan for the completion of
the designated corridors of the Appalachian development
highway system within the State, including annual
performance targets, with a target completion date.
(2) Significant uncompleted miles.--If the percentage
of remaining Appalachian development highway system
needs for a State, according to the latest cost to
complete estimate for the Appalachian development
highway system, is greater than 15 percent of the total
cost to complete estimate for the entire Appalachian
development highway system, the State shall not
establish a plan under paragraph (1) that would result
in a reduction of obligated funds for the Appalachian
development highway system within the State for any
subsequent fiscal year.
* * * * * * *
DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
* * * * * * *
TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012
* * * * * * *
Subtitle A--Commercial Motor Vehicle Registration
* * * * * * *
SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION.
(a) Penalties.--Section 14901(a) is amended--
(1) by striking ``$500'' and inserting ``$1,000'';
(2) by striking ``who is not registered under this
part to provide transportation of passengers,'';
(3) by striking ``with respect to providing
transportation of passengers,'' and inserting ``or
section 13902(c) of this title,''; and
(4) by striking ``$2,000 for each violation and for
each additional day the violation continues'' and
inserting ``$10,000 for each violation, or $25,000 for
each violation relating to providing transportation of
passengers''.
(b) Transportation of Hazardous Wastes.--Section 14901(b) is
amended by striking ``not to exceed $20,000'' and inserting
``not less than $20,000, but not to exceed $40,000''.
* * * * * * *
Subtitle C--Driver Safety
SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES.
(a) Hours of Service Study.--
(1) Field study.--
(A) In general.--Not later than March 31,
2013, the Secretary shall complete a field
study on the efficacy of the restart rule
published on December 27, 2011 (in this section
referred to as the ``2011 restart rule''),
applicable to operators of commercial motor
vehicles of property subject to maximum driving
time requirements of the Secretary.
(B) Requirement.--The field study shall
expand upon the results of the laboratory-based
study relating to commercial motor vehicle
driver fatigue sponsored by the Federal Motor
Carrier Safety Administration presented in the
report of December 2010 titled ``Investigation
into Motor Carrier Practices to Achieve Optimal
Commercial Motor Vehicle Driver Performance:
Phase I''.
(C) Criteria.--In conducting the field study,
the Secretary shall ensure that--
(i) the methodology for the field
study is consistent, to the maximum
extent possible, with the laboratory-
based study methodology;
(ii) the data collected is
representative of the drivers and motor
carriers regulated by the hours of
service regulations, including those
drivers and carriers affected by the
maximum driving time requirements;
(iii) the analysis is statistically
valid; and
(iv) the field study follows the plan
for the ``Scheduling and Fatigue
Recovery Project'' developed by the
Federal Motor Carrier Safety
Administration.
(D) Report to congress.--Not later than
September 30, 2013, 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 detailing
the results of the field study.
(b) General Authority.--Section 31137 is amended--
(1) by amending the section heading to read as
follows:
``SEC. 31137. ELECTRONIC LOGGING DEVICES AND BRAKE MAINTENANCE
REGULATIONS'';
(2) by redesignating subsection (b) as subsection
(g); and
(3) [by amending (a) to read as follows:] by striking
subsection (a) and inserting the following:
``(a) Use of Electronic Logging Devices.--Not later than 1
year after the date of enactment of the Commercial Motor
Vehicle Safety Enhancement Act of 2012, the Secretary of
Transportation shall prescribe regulations--
``(1) requiring a commercial motor vehicle involved
in interstate commerce and operated by a driver subject
to the hours of service and the record of duty status
requirements under part 395 of title 49, Code of
Federal Regulations, be equipped with an electronic
logging device to improve compliance by an operator of
a vehicle with hours of service regulations prescribed
by the Secretary; and
``(2) ensuring that an electronic logging device is
not used to harass a vehicle operator.
``(b) Electronic Logging Device Requirements.--
``(1) In general.--The regulations prescribed under
subsection (a) shall--
``(A) require an electronic logging device--
``(i) to accurately record commercial
driver hours of service;
``(ii) to record the location of a
commercial motor vehicle;
``(iii) to be tamper resistant; and
``(iv) to be synchronized to the
operation of the vehicle engine or be
capable of recognizing when the vehicle
is being operated;
``(B) allow law enforcement to access the
data contained in the device during a roadside
inspection; and
``(C) apply to a commercial motor vehicle
beginning on the date that is 2 years after the
date that the regulations are published as a
final rule.
``(2) Performance and design standards.--The
regulations prescribed under subsection (a) shall
establish performance standards--
``(A) defining a standardized user interface
to aid vehicle operator compliance and law
enforcement review;
``(B) establishing a secure process for
standardized--
``(i) and unique vehicle operator
identification;
``(ii) data access;
``(iii) data transfer for vehicle
operators between motor vehicles;
``(iv) data storage for a motor
carrier; and
``(v) data transfer and
transportability for law enforcement
officials;
``(C) establishing a standard security level
for an electronic logging device and related
components to be tamper resistant by using a
methodology endorsed by a nationally recognized
standards organization; and
``(D) identifying each driver subject to the
hours of service and record of duty status
requirements under part 395 of title 49, Code
of Federal Regulations.
``(c) Certification Criteria.--
``(1) In general.--The regulations prescribed by the
Secretary under this section shall establish the
criteria and a process for the certification of
electronic logging devices to ensure that the device
meets the performance requirements under this section.
``(2) Effect of noncertification.--Electronic logging
devices that are not certified in accordance with the
certification process referred to in paragraph (1)
shall not be acceptable evidence of hours of service
and record of duty status requirements under part 395
of title 49, Code of Federal Regulations.
``(d) Additional Considerations.--The Secretary, in
prescribing the regulations described in subsection (a), shall
consider how such regulations may--
``(1) reduce or eliminate requirements for drivers
and motor carriers to retain supporting documentation
associated with paper-based records of duty status if--
``(A) data contained in an electronic logging
device supplants such documentation; and
``(B) using such data without paper-based
records does not diminish the Secretary's
ability to audit and review compliance with the
Secretary's hours of service regulations; and
``(2) include such measures as the Secretary
determines are necessary to protect the privacy of each
individual whose personal data is contained in an
electronic logging device.
``(e) Use of Data.--
``(1) In general.--The Secretary may utilize
information contained in an electronic logging device
only to enforce the Secretary's motor carrier safety
and related regulations, including record-of-duty
status regulations.
``(2) Measures to preserve confidentiality of
personal data.--The Secretary shall institute
appropriate measures to preserve the confidentiality of
any personal data contained in an electronic logging
device and disclosed in the course of an action taken
by the Secretary or by law enforcement officials to
enforce the regulations referred to in paragraph (1).
``(3) Enforcement.--The Secretary shall institute
appropriate measures to ensure any information
collected by electronic logging devices is used by
enforcement personnel only for the purpose of
determining compliance with hours of service
requirements.
``(f) Definitions.--In this section:
``(1) Electronic logging device.--The term
`electronic logging device' means an electronic device
that--
``(A) is capable of recording a driver's
hours of service and duty status accurately and
automatically; and
``(B) meets the requirements established by
the Secretary through regulation.
``(2) Tamper resistant.--The term `tamper resistant'
means resistant to allowing any individual to cause an
electronic device to record the incorrect date, time,
and location for changes to on-duty driving status of a
commercial motor vehicle operator under part 395 of
title 49, Code of Federal Regulations, or to
subsequently alter the record created by that
device.''.
(c) Civil Penalties.--Section 30165(a)(1) is amended by
striking ``or 30141 through 30147'' and inserting ``30141
through 30147, or 31137''.
(d) Conforming Amendment.--The analysis for chapter 311 is
amended by striking the item relating to section 31137 and
inserting the following:
``31137. Electronic logging devices and brake maintenance
regulations.''.
SEC. 32302. DRIVER MEDICAL QUALIFICATIONS.
(a) Deadline for Establishment of National Registry of
Medical Examiners.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a national
registry of medical examiners in accordance with section
31149(d)(1) of title 49, United States Code.
(b) Examination Requirement for National Registry of Medical
Examiners.--Section 31149(c)(1)(D) is amended to read as
follows:
``(D) not later than 1 year after enactment
of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, develop requirements
for a medical examiner to be listed in the
national registry under this section,
including--
``(i) the completion of specific
courses and materials;
``(ii) certification, including, at a
minimum, self-certification, if the
Secretary determines that self-
certification is necessary for
sufficient participation in the
national registry, to verify that a
medical examiner completed specific
training, including refresher courses,
that the Secretary determines necessary
to be listed in the national registry;
``(iii) an examination that requires
a passing grade; and
``(iv) demonstration of a medical
examiner's willingness to meet the
reporting requirements established by
the Secretary;''.
(c) Additional Oversight of Licensing Authorities.--
(1) In general.--Section 31149(c)(1) is amended--
(A) by amending subparagraph (E) to read as
follows:
``(E) require medical examiners to transmit
electronically, on a monthly basis, the name of
the applicant, a numerical identifier, and
additional information contained on the medical
examiner's certificate for any completed
medical examination report required under
section 391.43 of title 49, Code of Federal
Regulations, to the chief medical examiner;'';
(B) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) annually review the implementation of
commercial driver's license requirements by not
fewer than 10 States to assess the accuracy,
validity, and timeliness of--
``(i) the submission of physical
examination reports and medical
certificates to State licensing
agencies; and
``(ii) the processing of the
submissions by State licensing
agencies.''.
(2) Internal oversight policy.--
(A) In general.--Not later than 2 years after
the date of enactment of this Act, the
Secretary shall establish an oversight policy
and procedure to carry out section
31149(c)(1)(G) of title 49, United States Code,
as added by section 32302(c)(1) of this Act.
(B) Effective date.--The amendments made by
[section 32303(c)(1)] section 32302(c)(1) of
this Act shall take effect on the date the
oversight policies and procedures are
established pursuant to subparagraph (A).
(d) Electronic Filing of Medical Examination Certificates.--
Section 31311(a), as amended by sections 32203(b) and 32305(b)
of this Act, is amended by adding at the end the following:
``(25) Not later than 5 years after the date of
enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the State shall establish and
maintain, as part of its driver information system, the
capability to receive an electronic copy of a medical
examiner's certificate, from a certified medical
examiner, for each holder of a commercial driver's
license issued by the State who operates or intends to
operate in interstate commerce.''.
(e) Funding.--The Secretary is authorized to utilize funds
provided under section 4101(c)(1) of SAFETEA-LU (119 Stat.
1715) to support development of costs of the information
technology needed to carry out section 31311(a)(25) of title
49, United States Code.
* * * * * * *
Subtitle I--Miscellaneous
* * * * * * *
PART II--HOUSEHOLD GOODS TRANSPORTATION
SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS
MOTOR CARRIERS.
(a) Section 13902(a)(2) is amended--
(1) in subparagraph (B), by striking ``section
13702(c);'' and inserting ``section 13702(c); and'';
(2) by amending subparagraph (C) to read as follows:
``(C) demonstrates, before being registered,
through successful completion of a proficiency
examination established by the Secretary,
knowledge and intent to comply with applicable
Federal laws relating to consumer protection,
estimating, consumers' rights and
responsibilities, and options for limitations
of liability for loss and damage.''; and
(3) by striking subparagraph (D).
(b) Compliance Reviews of New Household Goods Motor
Carriers.--Section 31144(g), as amended by section 32102 of
this Act, is amended by adding at the end the following:
``(6) Additional requirements for household goods
motor carriers.--[(A) In addition]
(A) In general._In addition to the
requirements of this subsection, the Secretary
shall require, by regulation, each registered
household goods motor carrier to undergo a
consumer protection standards review not later
than 18 months after the household goods motor
carrier begins operations under such authority.
``(B) Elements.--In the regulations issued
pursuant to subparagraph (A), the Secretary
shall establish the elements of the consumer
protections standards review, including basic
management controls. In establishing the
elements, the Secretary shall consider the
effects on small businesses and shall consider
establishing alternate locations where such
reviews may be conducted for the convenience of
small businesses.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.
* * * * * * *
PART III--TECHNICAL AMENDMENTS
SEC. 32931. UPDATE OF OBSOLETE TEXT.
(a) Section 31137(g), as redesignated by section 32301 of
this Act, is amended by striking ``Not later than December 1,
1990, the Secretary shall prescribe'' and inserting ``The
Secretary shall maintain''.
(b) Section 31151(a) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Transportation
shall maintain a program to ensure that intermodal
equipment used to transport intermodal containers is
safe and systematically maintained.''; and
(2) by striking paragraph (4).
(c) Section 31307(b) is amended by striking ``Not later than
December 18, 1994, the [Secretary] Secretary of Transportation
shall prescribe'' and inserting ``The [Secretary] Secretary of
Transportation shall maintain''.
(d) Section 31310(g)(1) is amended by striking ``Not later
than 1 year after the date of enactment of this Act, the'' and
inserting ``The''.
* * * * * * *
SEC. 32934. EXEMPTIONS FROM REQUIREMENTS FOR COVERED FARM VEHICLES.
(a) Federal Requirements.--A covered farm vehicle, including
the individual operating that vehicle, shall be exempt from the
following:
(1) Any requirement relating to commercial driver's
licenses established under chapter 313 of title 49,
United States Code.
(2) Any requirement relating to drug-testing
established under chapter 313 of title 49, United
States Code.
(3) Any requirement relating to medical certificates
established under--
(A) subchapter III of chapter 311 of title
49, United States Code; or
(B) chapter 313 of title 49, United States
Code.
(4) Any requirement relating to hours of service
established under--
(A) subchapter III of chapter 311 of title
49, United States Code; or
(B) chapter 315 of title 49, United States
Code.
(5) Any requirement relating to vehicle inspection,
repair, and maintenance established under--
(A) subchapter III of chapter 311 of title
49, United States Code; or
(B) chapter 315 of title 49, United States
Code.
(b) State Requirements.--
(1) In general.--Federal transportation funding to a
State may not be terminated, limited, or otherwise
interfered with as a result of the State exempting a
covered farm vehicle, including the individual
operating that vehicle, [from any State requirement
relating to the operation of that vehicle.] 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.
(2) Exception.--Paragraph (1) does not apply with
respect to a covered farm vehicle transporting
hazardous materials that require a placard.
(c) Covered Farm Vehicle Defined.--
(1) In general.--In this section, the term ``covered
farm vehicle'' means a motor vehicle (including an
articulated motor vehicle)--
(A) that--
(i) is traveling in the State in
which the vehicle is registered or
another State;
(ii) is operated by--
(I) a farm owner or operator;
(II) a ranch owner or
operator; or
(III) an employee or family
member of an individual
specified in subclause (I) or
(II);
(iii) is transporting to or from a
farm or ranch--
(I) agricultural commodities;
(II) livestock; or
(III) machinery or supplies;
(iv) except as provided in paragraph
(2), is not used in the operations of a
for-hire motor carrier; and
(v) is equipped with a special
license plate or other designation by
the State in which the vehicle is
registered to allow for identification
of the vehicle as a farm vehicle by law
enforcement personnel; and
(B) that has a gross vehicle weight rating or
gross vehicle weight, whichever is greater,
that is--
(i) 26,001 pounds or less; or
(ii) greater than 26,001 pounds and
traveling within the State or within
150 air miles of the farm or ranch with
respect to which the vehicle is being
operated.
(2) Inclusion.--In this section, the term ``covered
farm vehicle'' includes a motor vehicle that meets the
requirements of paragraph (1) (other than paragraph
(1)(A)(iv)) and--
(A) is operated pursuant to a crop share farm
lease agreement;
(B) is owned by a tenant with respect to that
agreement; and
(C) is transporting the landlord's portion of
the crops under that agreement.
(d) Safety Study.--The Secretary of Transportation shall
conduct a study of the exemption required by subsection (a) as
follows:
(1) Data and analysis of covered farm vehicles shall
include--
(A) the number of vehicles that are operated
subject to each of the regulatory exemptions
permitted under subsection (a);
(B) the number of drivers that operate
covered farm vehicles subject to each of the
regulatory exemptions permitted under
subsection (a);
(C) the number of crashes involving covered
farm vehicles;
(D) the number of occupants and non-occupants
injured in crashes involving covered farm
vehicles;
(E) the number of fatalities of occupants and
non-occupants killed in crashes involving farm
vehicles;
(F) crash investigations and accident
reconstruction investigations of all fatalities
in crashes involving covered farm vehicles;
(G) overall operating mileage of covered farm
vehicles;
(H) numbers of covered farm vehicles that
operate in neighboring States; and
(I) any other data the Secretary deems
necessary to analyze and include.
(2) A listing of State regulations issued and
maintained in each State that are identical to the
Federal regulations that are subject to exemption in
subsection (a).
(3) The Secretary shall report the findings of the
study to the appropriate committees of Congress not
later than 18 months after the date of enactment of
this Act.
(e) Construction.--Nothing in this section shall be construed
as authority for the Secretary of Transportation to prescribe
regulations.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
Subtitle Sec.
* * * * * * *
[Transferred]....................................................]
70101ultimodal Freight Transportation.................................
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
Sec.
101. Purpose.
* * * * * * *
[112. Office of the Assistant Secretary for Research and Technology of
the Department of Transportation.]
* * * * * * *
116. National Surface Transportation and Innovative Finance Bureau.
117. Council on Credit and Finance.
* * * * * * *
Sec. 102. Department of Transportation
(a) The Department of Transportation is an executive
department of the United States Government at the seat of
Government.
(b) The head of the Department is the Secretary of
Transportation. The Secretary is appointed by the President, by
and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation
appointed by the President, by and with the advice and consent
of the Senate. The Deputy Secretary--
(1) shall carry out duties and powers prescribed by
the Secretary; and
(2) acts for the Secretary when the Secretary is
absent or unable to serve or when the office of
Secretary is vacant.
(d) The Department has an Under Secretary of Transportation
for Policy appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall provide
leadership in the development of policy for the Department,
supervise the policy activities of Assistant Secretaries with
primary responsibility for aviation, international, and other
transportation policy development and carry out other powers
and duties prescribed by the Secretary. The Under Secretary
acts for the Secretary when the Secretary and the Deputy
Secretary are absent or unable to serve, or when the offices of
Secretary and Deputy Secretary are vacant.
(e) Assistant Secretaries; General Counsel.--
(1) Appointment.--The Department has [5] 6 Assistant
Secretaries and a General Counsel, including--
(A) an Assistant Secretary for Aviation and
International Affairs, an Assistant Secretary
for Governmental Affairs, an Assistant
Secretary for Research and Technology, and an
Assistant Secretary for Transportation Policy,
who shall each be appointed by the President,
with the advice and consent of the Senate;
(B) an Assistant Secretary for Budget and
Programs who shall be appointed by the
President;
(C) an Assistant Secretary for
Administration, who shall be appointed by the
Secretary, with the approval of the President;
and
(D) a General Counsel, who shall be appointed
by the President, with the advice and consent
of the Senate.
(2) Duties and powers.--The officers set forth in
paragraph (1) shall carry out duties and powers
prescribed by the Secretary. An Assistant Secretary or
the General Counsel, in the order prescribed by the
Secretary, acts for the Secretary when the Secretary,
Deputy Secretary, and Under Secretary of Transportation
for Policy are absent or unable to serve, or when the
offices of the Secretary, Deputy Secretary, and Under
Secretary of Transportation for Policy are vacant.
(f) Deputy Assistant Secretary for Tribal Government
Affairs.--
(1) Establishment.--In accordance with Federal
policies promoting Indian self determination, the
Department of Transportation shall have, within the
office of the Secretary, a Deputy Assistant Secretary
for Tribal Government Affairs appointed by the
President to plan, coordinate, and implement the
Department of Transportation policy and programs
serving Indian tribes and tribal organizations and to
coordinate tribal transportation programs and
activities in all offices and administrations of the
Department and to be a participant in any negotiated
rulemaking relating to, or having an impact on,
projects, programs, or funding associated with the
tribal transportation program.
(2) Reservation of trust obligations.--
(A) Responsibility of Secretary.--In carrying
out this title, the Secretary shall be
responsible to exercise the trust obligations
of the United States to Indians and Indian
tribes to ensure that the rights of a tribe or
individual Indian are protected.
(B) Preservation of United States
responsibility.--Nothing in this title shall
absolve the United States from any
responsibility to Indians and Indian tribes,
including responsibilities derived from the
trust relationship and any treaty, executive
order, or agreement between the United States
and an Indian tribe.
(g) Office of Climate Change and Environment.--
(1) Establishment.--There is established in the
Department an Office of Climate Change and Environment
to plan, coordinate, and implement--
(A) department-wide research, strategies, and
actions under the Department's statutory
authority to reduce transportation-related
energy use and mitigate the effects of climate
change; and
(B) department-wide research strategies and
actions to address the impacts of climate
change on transportation systems and
infrastructure.
(2) Clearinghouse.--The Office shall establish a
clearinghouse of solutions, including cost-effective
congestion reduction approaches, to reduce air
pollution and transportation- related energy use and
mitigate the effects of climate change.
(h) The Department shall have a seal that shall be judicially
recognized.
* * * * * * *
[Sec. 112. Office of the Assistant Secretary for Research and
Technology of the Department of Transportation
[(a) Establishment.--The Office of the Assistant Secretary
for Research and Technology of the Department of Transportation
shall be an administration in the Department of Transportation.
[(b) Administrator.--
[(1) Appointment.--The Administration shall be headed
by an Administrator who shall be appointed by the
President, by and with the advice and consent of the
Senate.
[(2) Reporting.--The Administrator shall report
directly to the Secretary.
[(c) Deputy Administrator.--The Administration shall have a
Deputy Administrator who shall be appointed by the Secretary of
Transportation. The Deputy Administrator shall carry out duties
and powers prescribed by the Administrator.
[(d) Powers and Duties of the Administrator.--The
Administrator shall carry out--
[(1) powers and duties prescribed by the Secretary
for--
[(A) coordination, facilitation, and review
of the Department's research and development
programs and activities;
[(B) advancement, and research and
development, of innovative technologies,
including intelligent transportation systems;
[(C) comprehensive transportation statistics
research, analysis, and reporting;
[(D) education and training in transportation
and transportation-related fields; and
[(E) activities of the Volpe National
Transportation Center; and
[(2) other powers and duties prescribed by the
Secretary.
[(e) Administrative Authorities.--The Administrator may enter
into grants and cooperative agreements with Federal agencies,
State and local government agencies, other public entities,
private organizations, and other persons--
[(1) to conduct research into transportation service
and infrastructure assurance; and
[(2) to carry out other research activities of the
Administration.
[(f) Program Evaluation and Oversight.--For each of fiscal
years 2013 and 2014, the Administrator is authorized to expend
not more than 1 \1/2\ percent of the amounts authorized to be
appropriated for necessary expenses for administration and
operations of the Research and Innovative Technology
Administration for the coordination, evaluation, and oversight
of the programs administered by the Administration.
[(g) Collaborative Research and Development.--
[(1) In general.--To encourage innovative solutions
to multimodal transportation problems and stimulate the
deployment of new technology, the Administrator may
carry out, on a cost-shared basis, collaborative
research and development 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.
[(2) Cooperation, grants, contracts, and
agreements.--Notwithstanding any other provision of
law, the Administrator may directly initiate contracts,
grants, cooperative research and development agreements
(as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)),
and other agreements to fund, and accept funds from,
the Transportation Research Board of the National
Research Council of the National Academy of Sciences,
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.
[(3) Federal share.--
[(A) In general.--Subject to subparagraph
(B), the Federal share of the cost of an
activity carried out under paragraph (2) shall
not exceed 50 percent.
[(B) Exception.--If the Secretary determines
that the activity is of substantial public
interest or benefit, the Secretary may approve
a greater Federal share.
[(C) 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 subparagraph (A).
[(4) 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 subsection,
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.).
[(5) Waiver of advertising requirements.--Section
6101 of title 41 shall not apply to a contract, grant,
or other agreement entered into under this section.]
* * * * * * *
Sec. 116. National Surface Transportation and Innovative Finance Bureau
(a) Establishment.--The Secretary of Transportation shall
establish a National Surface Transportation and Innovative
Finance Bureau in the Department.
(b) Purposes.--The purposes of the Bureau shall be--
(1) to administer the application processes for
programs within the Department in accordance with
subsection (d);
(2) to promote innovative financing best practices in
accordance with subsection (e);
(3) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with
subsection (f);
(4) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection
(g); and
(5) to carry out subtitle IX of this title.
(c) Executive Director.--
(1) Appointment.--The Bureau shall be headed by an
Executive Director, who shall be appointed in the
competitive service by the Secretary, with the approval
of the President.
(2) Duties.--The Executive Director shall--
(A) report to the Under Secretary of
Transportation for Policy;
(B) be responsible for the management and
oversight of the daily activities, decisions,
operations, and personnel of the Bureau;
(C) support the Council on Credit and Finance
established under section 117 in accordance
with this section; and
(D) carry out such additional duties as the
Secretary may prescribe.
(d) Administration of Certain Application Processes.--
(1) In general.--The Bureau shall administer the
application processes for the following programs:
(A) The infrastructure finance programs
authorized under chapter 6 of title 23.
(B) The railroad rehabilitation and
improvement financing program authorized under
sections 501 through 503 of the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821-823).
(C) Amount allocations authorized under
section 142(m) of the Internal Revenue Code of
1986.
(D) The nationally significant freight and
highway projects program under section 117 of
title 23.
(2) Congressional notification.--The Secretary shall
ensure that the congressional notification requirements
for each program referred to in paragraph (1) are
followed in accordance with the statutory provisions
applicable to the program.
(3) Reports.--The Secretary shall ensure that the
reporting requirements for each program referred to in
paragraph (1) are followed in accordance with the
statutory provisions applicable to the program.
(4) Coordination.--In administering the application
processes for the programs referred to in paragraph
(1), the Executive Director of the Bureau shall
coordinate with appropriate officials in the Department
and its modal administrations responsible for
administering such programs.
(5) Streamlining approval processes.--Not later than
1 year after the date of enactment of this section, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation, the Committee on Banking, Housing,
and Urban Affairs, and the Committee on Environment and
Public Works of the Senate a report that--
(A) evaluates the application processes for
the programs referred to in paragraph (1);
(B) identifies administrative and legislative
actions that would improve the efficiency of
the application processes without diminishing
Federal oversight; and
(C) describes how the Secretary will
implement administrative actions identified
under subparagraph (B) that do not require an
Act of Congress.
(6) Procedures and transparency.--
(A) Procedures.--The Secretary shall, with
respect to the programs referred to in
paragraph (1)--
(i) establish procedures for
analyzing and evaluating applications
and for utilizing the recommendations
of the Council on Credit and Finance;
(ii) establish procedures for
addressing late-arriving applications,
as applicable, and communicating the
Bureau's decisions for accepting or
rejecting late applications to the
applicant and the public; and
(iii) document major decisions in the
application evaluation process through
a decision memorandum or similar
mechanism that provides a clear
rationale for such decisions.
(B) Review.--
(i) In general.--The Comptroller
General of the United States shall
review the compliance of the Secretary
with the requirements of this
paragraph.
(ii) Recommendations.--The
Comptroller General may make
recommendations to the Secretary in
order to improve compliance with the
requirements of this paragraph.
(iii) Report.--Not later than 3 years
after the date of enactment of this
section, the Comptroller General shall
submit to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Environment and Public
Works and the Committee on Commerce,
Science, and Transportation of the
Senate a report on the results of the
review conducted under clause (i),
including findings and recommendations
for improvement.
(e) Innovative Financing Best Practices.--
(1) In general.--The Bureau shall work with the modal
administrations within the Department, the States, and
other public and private interests to develop and
promote best practices for innovative financing and
public-private partnerships.
(2) Activities.--The Bureau shall carry out paragraph
(1)--
(A) by making Federal credit assistance
programs more accessible to eligible
recipients;
(B) by providing advice and expertise to
State and local governments that seek to
leverage public and private funding;
(C) by sharing innovative financing best
practices and case studies from State and local
governments with other State and local
governments that are interested in utilizing
innovative financing methods; and
(D) by developing and monitoring--
(i) best practices with respect to
standardized State public-private
partnership authorities and practices,
including best practices related to--
(I) accurate and reliable
assumptions for analyzing
public-private partnership
procurements;
(II) procedures for the
handling of unsolicited bids;
(III) policies with respect
to noncompete clauses; and
(IV) other significant terms
of public-private partnership
procurements, as determined
appropriate by the Bureau;
(ii) standard contracts for the most
common types of public-private
partnerships for transportation
facilities; and
(iii) analytical tools and other
techniques to aid State and local
governments in determining the
appropriate project delivery model,
including a value for money analysis.
(3) Transparency.--The Bureau shall--
(A) ensure transparency of a project
receiving credit assistance under a program
identified in subsection (d)(1) and procured as
a public-private partnership by--
(i) requiring the project sponsor of
such project to undergo a value for
money analysis or a comparable analysis
prior to deciding to advance the
project as a public-private
partnership;
(ii) requiring the analysis required
under subparagraph (A) and other key
terms of the relevant public-private
partnership agreement, to be made
publicly available by the project
sponsor at an appropriate time;
(iii) not later than 3 years after
the completion of the project,
requiring the project sponsor of such
project to conduct a review regarding
whether the private partner is meeting
the terms of the relevant public
private partnership agreement for the
project; and
(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 projects sponsors.--At the request of
a State or local government, the Bureau shall provide
technical assistance to the State or local government
regarding proposed public-private partnership
agreements for transportation facilities, including
assistance in performing a value for money analysis or
comparable analysis.
(5) Fixed guideway transit procedures report.--Not
later than 1 year after the date of enactment of this
section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report that--
(A) evaluates the differences between
traditional design-bid-build, design-build, and
public-private partnership procurements for
projects carried out under the fixed guideway
capital investment program authorized under
section 5309;
(B) identifies, for project procured as
public-private partnerships whether the review
and approval process under the program requires
modification to better suit the unique nature
of such procurements; and
(C) describes how the Secretary will
implement any administrative actions identified
under subparagraph (B) that do not require an
Act of Congress.
(f) Environmental Review and Permitting.--
(1) In general.--The Bureau shall take such actions
as are appropriate and consistent with the goals and
policies set forth in this title and title 23,
including with the concurrence of other Federal
agencies as required under this title and title 23, to
improve delivery timelines for projects.
(2) Activities.--The Bureau shall carry out paragraph
(1)--
(A) by serving as the Department's liaison to
the Council on Environmental Quality;
(B) by coordinating Department-wide efforts
to improve the efficiency and effectiveness of
the environmental review and permitting
process;
(C) by coordinating Department efforts under
section 139 of title 23;
(D) by supporting modernization efforts at
Federal agencies to achieve innovative
approaches to the permitting and review of
projects;
(E) by providing technical assistance and
training to field and headquarters staff of
Federal agencies on policy changes and
innovative approaches to the delivery of
projects;
(F) by identifying, developing, and tracking
metrics for permit reviews and decisions by
Federal agencies for projects under the
National Environmental Policy Act of 1969; and
(G) by administering and expanding the use of
Internet-based tools providing for--
(i) the development and posting of
schedules for permit reviews and permit
decisions for projects; and
(ii) the sharing of best practices
related to efficient permitting and
reviews for projects.
(3) Support to project sponsors.--At the request of a
State or local government, the Bureau, in coordination
with the other appropriate modal agencies within the
Department, shall provide technical assistance with
regard to the compliance of a project sponsored by the
State or local government with the requirements of the
National Environmental Policy Act 1969 and relevant
Federal environmental permits.
(g) Project Procurement.--
(1) In general.--The Bureau shall promote best
practices in procurement for a project receiving
assistance under a program identified in subsection
(d)(1) by developing, in coordination with the Federal
Highway Administration and other modal agencies as
appropriate, procurement benchmarks in order to ensure
accountable expenditure of Federal assistance over the
life cycle of such project.
(2) Procurement benchmarks.--The procurement
benchmarks developed under paragraph (1) shall, to the
maximum extent practicable--
(A) establish maximum thresholds for
acceptable project cost increases and delays in
project delivery;
(B) establish uniform methods for States to
measure cost and delivery changes over the life
cycle of a project; and
(C) be tailored, as necessary, to various
types of project procurements, including
design-bid-build, design-build, and public
private partnerships.
(h) Elimination and Consolidation of Duplicative Offices.--
(1) Elimination of offices.--The Secretary may
eliminate any office within the Department if the
Secretary determines that the purposes of the office
are duplicative of the purposes of the Bureau, and the
elimination of such office shall not adversely affect
the obligations of the Secretary under any Federal law.
(2) Consolidation of offices.--The Secretary may
consolidate any office within the Department into the
Bureau that the Secretary determines has duties,
responsibilities, resources, or expertise that support
the purposes of the Bureau.
(3) Staffing and budgetary resources.--
(A) In general.--The Secretary shall ensure
that the Bureau is adequately staffed and
funded.
(B) Staffing.--The Secretary may transfer to
the Bureau a position within the Department
from any office that is eliminated or
consolidated under this subsection if the
Secretary determines that the position is
necessary to carry out the purposes of the
Bureau.
(C) Budgetary resources.--
(i) Transfer of funds from eliminated
or consolidated offices.--The Secretary
may transfer to the Bureau funds
allocated to any office that is
eliminated or consolidated under this
subsection to carry out the purposes of
the Bureau.
(ii) Transfer of funds allocated to
administrative costs.--The Secretary
shall transfer to the Bureau funds
allocated to the administrative costs
of processing applications for the
programs referred to in subsection
(d)(1).
(4) Report.--Not later than 180 days after the date
of enactment of this section, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works and the
Committee on Commerce, Science, and Transportation of
the Senate a report that--
(A) lists the offices eliminated under
paragraph (1) and provides the rationale for
elimination of the offices;
(B) lists the offices consolidated under
paragraph (2) and provides the rationale for
consolidation of the offices; and
(C) describes the actions taken under
paragraph (3) and provides the rationale for
taking such actions.
(i) Savings Provisions.--
(1) Laws and regulations.--Nothing in this section
may be construed to change a law or regulation with
respect to a program referred to in subsection (d)(1).
(2) Responsibilities.--Nothing in this section may be
construed to abrogate the responsibilities of an
agency, operating administration, or office within the
Department otherwise charged by a law or regulation
with other aspects of program administration,
oversight, and project approval or implementation for
the programs and projects subject to this section.
(j) Definitions.--In this section, the following definitions
apply:
(1) Bureau.--The term ``Bureau'' means the National
Surface Transportation and Innovative Finance Bureau of
the Department.
(2) Department.--The term ``Department'' means the
Department of Transportation.
(3) Multimodal project.--The term ``multimodal
project'' means a project involving the participation
of more than one modal administration or secretarial
office within the Department.
(4) Project.--The term ``project'' means a highway
project, public transportation capital project, freight
or passenger rail project, or multimodal project.
Sec. 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 Under Secretary of Transportation for
Policy.
(B) The Chief Financial Officer and Assistant
Secretary for Budget and Programs.
(C) The General Counsel of the Department of
Transportation.
(D) The Assistant Secretary for
Transportation Policy.
(E) The Administrator of the Federal Highway
Administration.
(F) The Administrator of the Federal Transit
Administration.
(G) 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 Under Secretary of
Transportation for Policy 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 section 116(d)(1);
(2) make recommendations to the Secretary regarding
the selection of projects to receive assistance under
the programs referred to in section 116(d)(1);
(3) review, on a regular basis, projects that
received assistance under the programs referred to in
section 116(d)(1); and
(4) carry out such additional duties as the Secretary
may prescribe.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
Sec.
301. Leadership, consultation, and cooperation.
* * * * * * *
304a. Accelerated decisionmaking in environmental reviews.
* * * * * * *
307. Improving State and Federal agency engagement in environmental
reviews.
* * * * * * *
310. Aligning Federal environmental reviews.
SUBCHAPTER II--ADMINISTRATIVE
* * * * * * *
[330. Research contracts.]
330. Research activities.
* * * * * * *
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
* * * * * * *
Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic
sites
(a) It is the policy of the United States Government that
special effort should be made to preserve the natural beauty of
the countryside and public park and recreation lands, wildlife
and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States, in
developing transportation plans and programs that include
measures to maintain or enhance the natural beauty of lands
crossed by transportation activities or facilities.
(c) Approval of Programs and Projects.--Subject to
[subsection (d)] subsections (d), (e), and (f), the Secretary
may approve a transportation program or project (other than any
project for a park road or parkway under section 204 of title
23) requiring the use of publicly owned land of a public park,
recreation area, or wildlife and waterfowl refuge of national,
State, or local significance, or land of an historic site of
national, State, or local significance (as determined by the
Federal, State, or local officials having jurisdiction over the
park, area, refuge, or site) only if--
(1) there is no prudent and feasible alternative to
using that land; and
(2) the program or project includes all possible
planning to minimize harm to the park, recreation area,
wildlife and waterfowl refuge, or historic site
resulting from the use.
(d) De Minimis Impacts.--
(1) Requirements.--
(A) Requirements for historic sites.--The
requirements of this section shall be
considered to be satisfied with respect to an
area described in paragraph (2) if the
Secretary determines, in accordance with this
subsection, that a transportation program or
project will have a de minimis impact on the
area.
(B) Requirements for parks, recreation areas,
and wildlife or waterfowl refuges.--The
requirements of subsection (c)(1) shall be
considered to be satisfied with respect to an
area described in paragraph (3) if the
Secretary determines, in accordance with this
subsection, that a transportation program or
project will have a de minimis impact on the
area. The requirements of subsection (c)(2)
with respect to an area described in paragraph
(3) shall not include an alternatives analysis.
(C) Criteria.--In making any determination
under this subsection, the Secretary shall
consider to be part of a transportation program
or project any avoidance, minimization,
mitigation, or enhancement measures that are
required to be implemented as a condition of
approval of the transportation program or
project.
(2) Historic sites.--With respect to historic sites,
the Secretary may make a finding of de minimis impact
only if--
(A) the Secretary has determined, in
accordance with the consultation process
required under section 306108 of title 54,
United States Code, that--
(i) the transportation program or
project will have no adverse effect on
the historic site; or
(ii) there will be no historic
properties affected by the
transportation program or project;
(B) the finding of the Secretary has received
written concurrence from the applicable State
historic preservation officer or tribal
historic preservation officer (and from the
Advisory Council on Historic Preservation if
the Council is participating in the
consultation process); and
(C) the finding of the Secretary has been
developed in consultation with parties
consulting as part of the process referred to
in subparagraph (A).
(3) Parks, recreation areas, and wildlife or
waterfowl refuges.--With respect to parks, recreation
areas, or wildlife or waterfowl refuges, the Secretary
may make a finding of de minimis impact only if--
(A) the Secretary has determined, after
public notice and opportunity for public review
and comment, that the transportation program or
project will not adversely affect the
activities, features, and attributes of the
park, recreation area, or wildlife or waterfowl
refuge eligible for protection under this
section; and
(B) the finding of the Secretary has received
concurrence from the officials with
jurisdiction over the park, recreation area, or
wildlife or waterfowl refuge.
(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. 4231 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. 4231 et seq.), the Secretary
determines that there is no feasible or prudent
alternative to avoid use of a historic site,
the Secretary may--
(i) include the determination of the
Secretary in the analysis required
under that Act;
(ii) provide a notice of the
determination to--
(I) each applicable State
historic preservation officer
and tribal historic
preservation officer;
(II) the Council, if the
Council is participating in the
consultation process under
section 306108 of title 54; and
(III) the Secretary of the
Interior; and
(iii) request from the applicable
preservation officer, the Council, and
the Secretary of the Interior a
concurrence that the determination is
sufficient to satisfy the requirement
of 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
(a)(1) shall be required.
(C) Publication.--A notice of a
determination, together with each relevant
concurrence to that determination, under
subparagraph (A) shall be--
(i) included in the record of
decision or finding of no significant
impact of the Secretary; and
(ii) posted on an appropriate Federal
Web site 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 the requirements of subsection (c)(2)
through the consultation requirements of
section 306108 of title 54.
(B) Satisfaction of conditions.--To satisfy
the requirements of 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.
(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 (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.
(g) 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. 915) as in effect before the repeal of
that section).
(h) Bridge Exemption.--A common post-1945 concrete or steel
bridge or culvert that is exempt from individual review under
section 306108 of title 54 (as described in 77 Fed. Reg. 68790)
shall be treated under this section as having a de minimis
impact on an area.
* * * * * * *
Sec. 304. Application of categorical exclusions for multimodal projects
(a) Definitions.--In this section, the following definitions
apply:
(1) Cooperating authority.--The term ``cooperating
authority'' means a Department of Transportation
[operating authority that] operating administration or
secretarial office that has expertise but is not the
lead authority with respect to a proposed multimodal
project.
[(2) Lead authority.--The term ``lead authority''
means a Department of Transportation operating
administration or secretarial office that--
[(A) is the lead authority over a proposed
multimodal project; and
[(B) has determined that the components of
the project that fall under the modal expertise
of the lead authority--
[(i) satisfy the conditions for a
categorical exclusion under
implementing regulations or procedures
of the lead authority under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
[(ii) do not require the preparation
of an environmental assessment or
environmental impact statement under
that Act.]
(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.
(3) Multimodal project.--The term ``multimodal
project'' has the meaning given the term in section
139(a) of title 23.
(b) Exercise of Authorities.--The authorities granted in this
section may be exercised for a multimodal project, class of
projects, or program of projects that are carried out under
this title or title 23.
[(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a
proposed multimodal project, a lead authority may apply a
categorical exclusion designated under the implementing
regulations or procedures of a cooperating authority for other
components of the project, subject to the conditions that--
[(1) the multimodal project is funded under 1 grant
agreement administered by the lead authority;
[(2) the multimodal project has components that
require the expertise of a cooperating authority to
assess the environmental impacts of the components;
[(3) the component of the project to be covered by
the categorical exclusion of the cooperating authority
has independent utility;
[(4) the cooperating authority, in consultation with
the lead authority--
[(A) follows implementing regulations or
procedures under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
[(B) determines that a categorical exclusion
under that Act applies to the components; and
[(5) the lead authority has determined that--
[(A) the project, using the categorical
exclusions of the lead authority and each
applicable cooperating authority, 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 the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
[(d) Modal Cooperation.--
[(1) In general.--A cooperating authority shall
provide modal expertise to the lead authority on such
aspects of the multimodal project in which the
cooperating authority has expertise.
[(2) Use of categorical exclusion.--In a case
described in paragraph (1), the 1 or more categorical
exclusions of a cooperating authority may be applied by
the lead authority once the cooperating authority
reviews the project on behalf of the lead authority and
determines the project satisfies the conditions for a
categorical exclusion under the implementing
regulations or procedures of the cooperating authority
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and this section.]
(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 cooperating
authority's implementing regulations or procedures
under such Act; and
(3) the lead authority determines that--
(A) the proposed multimodal project does not
individually or cumulatively have a significant
impact on the environment; and
(B) extraordinary circumstances do not exist
that merit additional analysis and
documentation in an environmental impact
statement or environmental assessment required
under such Act.
(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. 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 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
paragraph.
(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 adopting operating
administration's use when preparing an environmental
assessment or final environmental impact statement for
a project without recirculating the document for public
review, if--
(A) the adopting operating administration
certifies that its 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 adopting
operating administration's use 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 is 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.
* * * * * * *
Sec. 307. Improving State and Federal agency engagement in
environmental reviews
(a) In General.--
(1) Requests to provide funds.--A public entity
receiving financial assistance from the Department of
Transportation for 1 or more projects, or for a program
of projects, for a public purpose may request that the
Secretary allow the public entity to provide funds to
Federal agencies, including the Department, State
agencies, and Indian tribes participating in the
environmental planning and review process for the
project, projects, or program.
(2) Use of funds.--The funds may be provided only to
support activities that directly and meaningfully
contribute to expediting and improving permitting and
review processes, including planning, approval, and
consultation processes for the project, projects, or
program.
(b) Activities Eligible for Funding.--Activities for which
funds may be provided under subsection (a) include
transportation planning activities that precede the initiation
of the environmental review process, activities directly
related to the environmental review process, dedicated
staffing, training of agency personnel, information gathering
and mapping, and development of programmatic agreements.
(c) Amounts.--Requests 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 their 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) Rulemaking.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
initiate a rulemaking to implement this section.
(2) Factors.--As part of the rulemaking carried out
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.
* * * * * * *
Sec. 310. Aligning Federal environmental reviews
(a) Coordinated and Concurrent Environmental Reviews.--Not
later than 1 year after the date of enactment of this section,
the Department of Transportation, in coordination with the
heads of Federal agencies likely to have substantive review or
approval responsibilities under Federal law, shall develop a
coordinated and concurrent environmental review and permitting
process for transportation projects when initiating an
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this section
referred to as ``NEPA'').
(b) Contents.--The coordinated and concurrent environmental
review and permitting process shall--
(1) ensure that the Department 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 shall facilitate
annual interagency collaboration sessions at the
appropriate jurisdictional level to coordinate business
plans and facilitate coordination of workload planning
and workforce management.
(2) Purpose of collaboration sessions.--The
interagency collaboration sessions shall ensure that
agency staff is--
(A) fully engaged;
(B) utilizing the flexibility of existing
regulations, policies, and guidance; and
(C) identifying additional actions to
facilitate high quality, efficient, and
targeted environmental reviews and permitting
decisions.
(3) Focus of collaboration sessions.--The interagency
collaboration sessions, and the interagency
collaborations generated by the sessions, shall focus
on methods to--
(A) work with State and local transportation
entities to improve project planning, siting,
and application quality; and
(B) consult and coordinate with relevant
stakeholders and Federal, tribal, State, and
local representatives early in permitting
processes.
(e) Performance Measurement.--Not later than 1 year after the
date of enactment of this section, the Secretary, in
coordination with relevant Federal agencies, shall establish a
program to measure and report on progress towards aligning
Federal reviews as outlined in this section.
SUBCHAPTER II--ADMINISTRATIVE
* * * * * * *
Sec. 330. Research [contracts] activities
(a) [The Secretary of] In General._The Secretary of
Transportation may make contracts with educational
institutions, public and private agencies and organizations,
and persons for scientific or technological research into a
problem related to programs carried out by the Secretary.
Before making a contract, the Secretary must require the
institution, agency, organization, or person to show that it is
able to carry out the contract.
(b) [In carrying] Responsibilities._In carrying out this
section, the Secretary shall--
(1) give advice and assistance the Secretary believes
will best carry out the duties and powers of the
Secretary;
(2) participate in coordinating all research started
under this section;
(3) indicate the lines of inquiry most important to
the Secretary; and
(4) encourage and assist in establishing and
maintaining cooperation by and between contractors and
between them and other research organizations, the
Department of Transportation, and other departments,
agencies, and instrumentalities of the United States
Government.
(c) [The Secretary] Publications._The Secretary may
distribute publications containing information the Secretary
considers relevant to research carried out under this section.
(d) Duties.--The Secretary shall provide for the following:
(1) Coordination, facilitation, and review of
Department of Transportation research and development
programs and activities.
(2) Advancement, and research and development, of
innovative technologies, including intelligent
transportation systems.
(3) Comprehensive transportation statistics research,
analysis, and reporting.
(4) Education and training in transportation and
transportation-related fields.
(5) Activities of the Volpe National Transportation
Systems Center.
(6) Coordination in support of multimodal and
multidisciplinary research activities.
(e) Additional Authorities.--The Secretary may--
(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies,
other public entities, private organizations, and other
persons to conduct research into transportation service
and infrastructure assurance and to carry out other
research activities of the Department of
Transportation;
(2) carry out, on a cost-shared basis, collaborative
research and development to encourage innovative
solutions to multimodal transportation problems and
stimulate the deployment of new technology with--
(A) non-Federal entities, including State and
local governments, foreign governments,
institutions of higher education, corporations,
institutions, partnerships, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State;
(B) Federal laboratories; and
(C) other Federal agencies; and
(3) directly initiate contracts, grants, cooperative
research and development agreements (as defined in
section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)), 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 2021, the Secretary is authorized to expend
not more than 1 and a half 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.
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec.
5101. Purpose.
* * * * * * *
5111. Comprehensive oil spill response plans.
* * * * * * *
Sec. 5103. General regulatory authority
(a) Designating Material as Hazardous.--The Secretary shall
designate material (including an explosive, radioactive
material, infectious substance, flammable or combustible
liquid, solid, or gas, toxic, oxidizing, or corrosive material,
and compressed gas) or a group or class of material as
hazardous when the Secretary determines that transporting the
material in commerce in a particular amount and form may pose
an unreasonable risk to health and safety or property.
(b) Regulations for Safe Transportation.--(1) The Secretary
shall prescribe regulations for the safe transportation,
including security, of hazardous material in intrastate,
interstate, and foreign commerce. The regulations--
(A) apply to a person who--
(i) transports hazardous material in
commerce;
(ii) causes hazardous material to be
transported in commerce;
(iii) designs, manufactures, fabricates,
inspects, marks, maintains, reconditions,
repairs, or tests a package, container, or
packaging component that is represented,
marked, certified, or sold as qualified for use
in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material
for transportation in commerce;
(v) is responsible for the safety of
transporting hazardous material in commerce;
(vi) certifies compliance with any
requirement under this chapter; or
(vii) misrepresents whether such person is
engaged in any activity under clause (i)
through (vi); and
(B) shall govern safety aspects, including security,
of the transportation of hazardous material the
Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be
conducted under section 553 of title 5, including an
opportunity for informal oral presentation.
(c) Federally Declared Disasters and Emergencies.--
(1) In general.--The Secretary may by order waive
compliance with any part of an applicable standard
prescribed under this chapter without prior notice and
comment and on terms the Secretary considers
appropriate if the Secretary determines that--
(A) it is in the public interest to grant the
waiver;
(B) the waiver is not inconsistent with the
safety of transporting hazardous materials; and
(C) the waiver is necessary to facilitate the
safe movement of hazardous materials into,
from, and within an area of a major disaster or
emergency that has been declared under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
(2) Period of waiver.--A waiver under this subsection
may be issued for a period of not more than 60 days and
may be renewed upon application to the Secretary only
after notice and an opportunity for a hearing on the
waiver. The Secretary shall immediately revoke the
waiver if continuation of the waiver would not be
consistent with the goals and objectives of this
chapter.
(3) Statement of reasons.--The Secretary shall
include in any order issued under this section the
reason for granting the waiver.
[(c)] (d) Consultation.--When prescribing a security
regulation or issuing a security order that affects the safety
of the transportation of hazardous material, the Secretary of
Homeland Security shall consult with the Secretary of
Transportation.
[(d)] (e) Biennial Report.--The Secretary of Transportation
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Senate
Committee on Commerce, Science, and Transportation a biennial
report providing information on whether the Secretary has
designated as hazardous materials for purposes of chapter 51 of
such title all by-products of the methamphetamine- production
process that are known by the Secretary to pose an unreasonable
risk to health and safety or property when transported in
commerce in a particular amount and form.
* * * * * * *
Sec. 5107. Hazmat employee training requirements and grants
(a) Training Requirements.--The Secretary shall prescribe by
regulation requirements for training that a hazmat employer
must give hazmat employees of the employer on the safe loading,
unloading, handling, storing, and transporting of hazardous
material and emergency preparedness for responding to an
accident or incident involving the transportation of hazardous
material. The regulations--
(1) shall establish the date, as provided by
subsection (b) of this section, by which the training
shall be completed; and
(2) may provide for different training for different
classes or categories of hazardous material and hazmat
employees.
(b) Beginning and Completing Training.--A hazmat employer
shall begin the training of hazmat employees of the employer
not later than 6 months after the Secretary prescribes the
regulations under subsection (a) of this section. The training
shall be completed within a reasonable period of time after--
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin
carrying out a duty or power of a hazmat employee if
the individual is employed as a hazmat employee after
the 6-month period.
(c) Certification of Training.--After completing the
training, each hazmat employer shall certify, with
documentation the Secretary may require by regulation, that the
hazmat employees of the employer have received training and
have been tested on appropriate transportation areas of
responsibility, including at least one of the following:
(1) recognizing and understanding the Department of
Transportation hazardous material classification
system.
(2) the use and limitations of the Department
hazardous material placarding, labeling, and marking
systems.
(3) general handling procedures, loading and
unloading techniques, and strategies to reduce the
probability of release or damage during or incidental
to transporting hazardous material.
(4) health, safety, and risk factors associated with
hazardous material and the transportation of hazardous
material.
(5) appropriate emergency response and communication
procedures for dealing with an accident or incident
involving hazardous material transportation.
(6) the use of the Department Emergency Response
Guidebook and recognition of its limitations or the use
of equivalent documents and recognition of the
limitations of those documents.
(7) applicable hazardous material transportation
regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting
hazardous material.
(d) Coordination of Training Requirements.--In consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Labor, the Secretary shall ensure that the
training requirements prescribed under this section do not
conflict with or duplicate--
(1) the requirements of regulations the Secretary of
Labor prescribes related to hazard communication, and
hazardous waste operations, and emergency response that
are contained in part 1910 of title 29, Code of Federal
Regulations; and
(2) the regulations the Agency prescribes related to
worker protection standards for hazardous waste
operations that are contained in part 311 of title 40,
Code of Federal Regulations.
(e) Training Grants.--
(1) In general.--Subject to the availability of funds
under section 5128(c), the Secretary shall make grants
under this subsection--
(A) for training instructors to train hazmat
employees, State and local personnel
responsible for enforcing the safe
transportation of hazardous materials, or both;
and
(B) to the extent determined appropriate by
the Secretary, for such instructors to train
hazmat employees, State and local personnel
responsible for enforcing the safe
transportation of hazardous materials, or both.
(2) Eligibility.--A grant under this subsection shall
be made through a competitive process to a nonprofit
organization that demonstrates--
(A) expertise in conducting a training
program for hazmat employees, State and local
personnel responsible for enforcing the safe
transportation of hazardous materials, or both;
and
(B) the ability to reach and involve in a
training program a target population of hazmat
employees, State and local personnel
responsible for enforcing the safe
transportation of hazardous materials, or both.
(f) Training of Certain Employees.--The Secretary shall
ensure that maintenance-of-way employees and railroad signalmen
receive general awareness and familiarization training and
safety training pursuant to section 172.704 of title 49, Code
of Federal Regulations.
(g) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary under
subsections (a)-(d) of this section.
(2) An action of the Secretary under subsections (a)-(d) of
this section and section 5106 is not an exercise, under section
4(b)(1) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 653(b)(1)), of statutory authority to prescribe or
enforce standards or regulations affecting occupational safety
or health.
(h) Existing Effort.--No grant under subsection (e) shall
supplant or replace existing employer-provided hazardous
materials training efforts or obligations.
Sec. 5108. Registration
(a) Persons Required to File.--(1) A person shall file a
registration statement with the Secretary under this subsection
if the person is transporting or causing to be transported in
commerce any of the following:
(A) a highway-route-controlled quantity of
radioactive material.
(B) more than 25 kilograms of a Division 1.1, 1.2, or
1.3 explosive material in a motor vehicle, rail car, or
transport container.
(C) more than one liter in each package of a
hazardous material the Secretary designates as
extremely toxic by inhalation.
(D) hazardous material in a bulk packaging,
container, or tank, as defined by the Secretary, if the
bulk packaging, container, or tank has a capacity of at
least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a
bulk packaging) of a class of hazardous material for
which placarding of a vehicle, rail car, or freight
container is required under regulations prescribed
under this chapter.
(2) The Secretary may require any of the following persons to
file a registration statement with the Secretary under this
subsection:
(A) a person transporting or causing to be
transported hazardous material in commerce and not
required to file a registration statement under
paragraph (1) of this subsection.
(B) a person designing, manufacturing, fabricating,
inspecting, marking, maintaining, reconditioning,
repairing, or testing a package, container, or
packaging component that is represented, marked,
certified, or sold as qualified for use in transporting
hazardous material in commerce.
(3) A person required to file a registration statement under
this subsection may transport or cause to be transported, or
design, manufacture, fabricate, inspect, mark, maintain,
recondition, repair, or test a package, container packaging
component, or container for use in transporting, hazardous
material, only if the person has a statement on file as
required by this subsection.
(4) The Secretary may waive the filing of a registration
statement, or the payment of a fee, required under this
subsection, or both, for any person not domiciled in the United
States who solely offers hazardous materials for transportation
to the United States from a place outside the United States if
the country of which such person is a domiciliary does not
require persons domiciled in the United States who solely offer
hazardous materials for transportation to the foreign country
from places in the United States to file registration
statements, or to pay fees, for making such an offer.
(b) Form, Contents, and Limitation on Filings.--(1) A
registration statement under subsection (a) of this section
shall be in the form and contain information the Secretary
requires by regulation. The Secretary may use existing forms of
the Department of Transportation and the Environmental
Protection Agency to carry out this subsection. The statement
shall include--
(A) the name and principal place of business of the
registrant;
(B) a description of each activity the registrant
carries out for which filing a statement under
subsection (a) of this section is required; and
(C) each State in which the person carries out any of
the activities.
(2) A person carrying out more than one activity, or an
activity at more than one location, for which filing is
required only has to file one registration statement to comply
with subsection (a) of this section.
(c) Filing.--Each person required to file a registration
statement under subsection (a) shall file the statement in
accordance with regulations prescribed by the Secretary.
(d) Simplifying the Registration Process.--The Secretary may
take necessary action to simplify the registration process
under subsections (a)-(c) of this section and to minimize the
number of applications, documents, and other information a
person is required to file under this chapter and other laws of
the United States.
(e) Cooperation With Administrator.--The Administrator of the
Environmental Protection Agency shall assist the Secretary in
carrying out subsections (a)-(g)(1) and (h) of this section by
providing the Secretary with information the Secretary requests
to carry out the objectives of subsections (a)-(g)(1) and (h).
(f) Availability of Statements.--The Secretary shall make a
registration statement filed under subsection (a) of this
section available for inspection by any person for a fee the
Secretary establishes. However, this subsection does not
require the release of information described in section 552(b)
of title 5 or otherwise protected by law from disclosure to the
public.
(g) Fees.--(1) The Secretary shall establish, impose, and
collect from a person required to file a registration statement
under subsection (a) of this section a fee necessary to pay for
the costs of the Secretary in processing the statement.
(2)(A) In addition to a fee established under paragraph (1)
of this subsection, the Secretary shall establish and impose by
regulation and collect an annual fee. Subject to subparagraph
(B) of this paragraph, the fee shall be at least $250 but not
more than $3,000 from each person required to file a
registration statement under this section. The Secretary shall
determine the amount of the fee under this paragraph on at
least one of the following:
(i) gross revenue from transporting hazardous
material.
(ii) the type of hazardous material transported or
caused to be transported.
(iii) the amount of hazardous material transported or
caused to be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries
out for which filing a registration statement is
required under this section.
(vi) the threat to property, individuals, and the
environment from an accident or incident involving the
hazardous material transported or caused to be
transported.
(vii) the percentage of gross revenue derived from
transporting hazardous material.
(viii) the amount to be made available to carry out
sections 5108(g)(2), 5115, and 5116 of this title.
(ix) other factors the Secretary considers
appropriate.
(B) The Secretary shall adjust the amount being collected
under this paragraph to reflect any unexpended balance in the
account established under section [5116(i)] 5116(h) of this
title. However, the Secretary is not required to refund any fee
collected under this paragraph.
(C) The Secretary shall transfer to the Secretary of the
Treasury amounts the Secretary of Transportation collects under
this paragraph for deposit in the Hazardous Materials Emergency
Preparedness Fund established under section [5116(i)] 5116(h)
of this title.
(3) Fees on exempt persons.--Notwithstanding subsection
(a)(4), the Secretary shall impose and collect a fee of $25
from a person who is required to register under this section
but who is otherwise exempted by the Secretary from paying any
fee under this section. The fee shall be used to pay the costs
incurred by the Secretary in processing registration statements
filed by such persons.
(h) Maintaining Proof of Filing and Payment of Fees.--The
Secretary may prescribe regulations requiring a person required
to file a registration statement under subsection (a) of this
section to maintain proof of the filing and payment of fees
imposed under subsection (g) of this section.
(i) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary under
subsections (a)-(g)(1) and (h) of this section.
(2)(A) This section does not apply to an employee of a hazmat
employer.
(B) Subsections (a)-(h) of this section do not apply to a
department, agency, or instrumentality of the United States
Government, an authority of a State or political subdivision of
a State, an Indian tribe, or an employee of a department,
agency, instrumentality, or authority carrying out official
duties.
Sec. 5109. Motor carrier safety permits
(a) Requirement.--A motor carrier may transport or cause to
be transported by motor vehicle in commerce hazardous material
only if the carrier holds a safety permit the Secretary issues
under this section authorizing the transportation and keeps a
copy of the permit, or other proof of its existence, in the
vehicle. The Secretary shall issue a permit if the Secretary
finds the carrier is fit, willing, and able--
(1) to provide the transportation to be authorized by
the permit;
(2) to comply with this chapter and regulations the
Secretary prescribes to carry out this chapter; and
(3) to comply with applicable United States motor
carrier safety laws and regulations and applicable
minimum financial responsibility laws and regulations.
(b) Applicable Transportation.--The Secretary shall prescribe
by regulation the hazardous material and amounts of hazardous
material to which this section applies. However, this section
shall apply at least to transportation by a motor carrier, in
amounts the Secretary establishes, of--
(1) a class A or B explosive;
(2) liquefied natural gas;
(3) hazardous material the Secretary designates as
extremely toxic by inhalation; and
(4) a highway-route-controlled quantity of
radioactive material, as defined by the Secretary.
(c) Applications.--A motor carrier shall file an application
with the Secretary for a safety permit to provide
transportation under this section. The Secretary may approve
any part of the application or deny the application. The
application shall be under oath and contain information the
Secretary requires by regulation.
(d) Amendments, Suspensions, and Revocations.--(1) After
notice and an opportunity for a hearing, the Secretary may
amend, suspend, or revoke a safety permit, as provided by
procedures prescribed under subsection (e) of this section,
when the Secretary decides the motor carrier is not complying
with a requirement of this chapter, a regulation prescribed
under this chapter, or an applicable United States motor
carrier safety law or regulation or minimum financial
responsibility law or regulation.
(2) If the Secretary decides an imminent hazard exists, the
Secretary may amend, suspend, or revoke a permit before
scheduling a hearing.
(e) Procedures.--The Secretary shall prescribe by
regulation--
(1) application procedures, including form, content,
and fees necessary to recover the complete cost of
carrying out this section;
(2) standards for deciding the duration, terms, and
limitations of a safety permit;
(3) procedures to amend, suspend, or revoke a permit;
and
(4) other procedures the Secretary considers
appropriate to carry out this section.
(f) Shipper Responsibility.--A person offering hazardous
material for motor vehicle transportation in commerce may offer
the material to a motor carrier only if the carrier has a
safety permit issued under this section authorizing the
transportation.
(g) Conditions.--A motor carrier may provide transportation
under a safety permit issued under this section only if the
carrier complies with conditions the Secretary finds are
required to protect public safety.
[(h) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section not later than November 16,
1991.]
(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. 5111. Comprehensive oil spill response plans
(a) Requirements.--Not later than 120 days after the date of
enactment of this section, the Secretary shall issue such
regulations as are necessary to require any railroad carrier
transporting a Class 3 flammable liquid to maintain a
comprehensive oil spill response plan.
(b) Contents.--The regulations under subsection (a) shall
require each railroad carrier described in that subsection to--
(1) include in the comprehensive oil spill response
plan procedures and resources, including equipment, for
responding, to the maximum extent practicable, to a
worst-case discharge;
(2) ensure that the comprehensive oil spill response
plan is consistent with the National Contingency Plan
and each applicable Area Contingency Plan;
(3) include in the comprehensive oil spill response
plan appropriate notification and training procedures
and procedures for coordinating with Federal, State,
and local emergency responders;
(4) review and update its comprehensive oil spill
response plan as appropriate; and
(5) provide the comprehensive oil spill response plan
for acceptance by the Secretary.
(c) Savings Clause.--Nothing in the section may be construed
to prohibit the Secretary from promulgating differing
comprehensive oil response plan standards for Class I
railroads, Class II railroads, and Class III railroads.
(d) Response Plans.--The Secretary shall--
(1) maintain on file a copy of the most recent
comprehensive oil spill response plans prepared by a
railroad carrier transporting a Class 3 flammable
liquid; and
(2) provide to a person, upon written request, a copy
of the plan, which may exclude, as the Secretary
determines appropriate--
(A) proprietary information;
(B) security-sensitive information, including
information described in section 1520.5(a) of
title 49, Code of Federal Regulations;
(C) specific response resources and tactical
resource deployment plans; and
(D) the specific amount and location of
worst-case discharges, including the process by
which a railroad carrier determines the worst-
case discharge.
(e) Relationship to FOIA.--Nothing in this section may be
construed to require disclose of information or records that
are exempt from disclosure under section 552 of title 5.
(f) Definitions.--
(1) Area contingency plan.--The term ``Area
Contingency Plan'' has the meaning given the term in
section 311(a) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(a)).
(2) Class 3 flammable liquid.--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.
(3) Class i railroad; class ii railroad; and class
iii railroad.--The terms ``Class I railroad'', ``Class
II railroad'', and ``Class III railroad'' have the
meaning given those terms in section 20102.
(4) National contingency plan.--The term ``National
Contingency Plan'' has the meaning given the term in
section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701).
(5) Railroad carrier.--The term ``railroad carrier''
has the meaning given the term in section 20102.
(6) Worst-case discharge.--The term ``worst-case
discharge'' means the largest foreseeable discharge of
oil in the event of an accident or incident, as
determined by each railroad carrier in accordance with
regulations issued under this section.
* * * * * * *
Sec. 5115. Training curriculum for the public sector
(a) In General.--In coordination with the Administrator of
the Federal Emergency Management Agency, the Chairman of the
Nuclear Regulatory Commission, the Administrator of the
Environmental Protection Agency, the Secretaries of Labor,
Energy, and Health and Human Services, and the Director of the
National Institute of Environmental Health Sciences, and using
existing coordinating mechanisms of the National Response Team
and, for radioactive material, the Federal Radiological
Preparedness Coordinating Committee, the Secretary of
Transportation shall maintain, and update periodically, a
current curriculum of courses, including online curriculum as
appropriate, necessary to train public sector emergency
response and preparedness teams in matters relating to the
transportation of hazardous material. Only in developing the
curriculum, the Secretary of Transportation shall consult with
regional response teams established under the national
contingency plan established under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605), representatives of
commissions established under section 301 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001), persons (including governmental entities) that provide
training for responding to accidents and incidents involving
the transportation of hazardous material, and representatives
of persons that respond to those accidents and incidents.
(b) Requirements.--The curriculum maintained and updated
under subsection (a) of this section--
(1) shall include--
(A) a recommended course of study to train
public sector employees to respond to an
accident or incident involving the
transportation of hazardous material and to
plan for those responses;
(B) recommended courses and minimum number of
hours of instruction necessary for public
sector employees to be able to respond safely
and efficiently to an accident or incident
involving the transportation of hazardous
material and to plan those responses; and
(C) appropriate emergency response training
and planning programs for public sector
employees developed with Federal financial
assistance, including programs developed with
grants made under section 126(g) of the
Superfund Amendments and Reauthorization Act of
1986 (42 U.S.C. 9660a); and
(2) may include recommendations on material
appropriate for use in a recommended course described
in clause (1)(B) of this subsection.
(c) Training on Complying With Legal Requirements.--A
recommended course described in subsection (b)(1)(B) of this
section shall provide the training necessary for public sector
employees to comply with--
(1) regulations related to hazardous waste operations
and emergency response contained in part 1910 of title
29, Code of Federal Regulations, prescribed by the
Secretary of Labor;
(2) regulations related to worker protection
standards for hazardous waste operations contained in
part 311 of title 40, Code of Federal Regulations,
prescribed by the Administrator; and
(3) standards related to emergency response training
prescribed by the National Fire Protection Association
and such other voluntary consensus standard-setting
organizations as the Secretary of Transportation
determines appropriate.
(d) Distribution and Publication.--With the National Response
Team--
(1) the Secretary shall distribute the curriculum and
any updates to the curriculum to the regional response
teams and all committees and commissions established
under section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
and
(2) the Secretary may publish and distribute a list
of programs and courses maintained and updated under
this section and of any programs utilizing such
courses.
Sec. 5116. Planning and training grants, monitoring, and review
[(a) Planning 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; and
[(B) to decide on the need for a regional hazardous
material emergency response team.
[(2) The Secretary may make a grant to a State or Indian
tribe under paragraph (1) of this subsection in a fiscal year
only if--
[(A) the State or Indian tribe certifies that the
total amount the State or Indian tribe expends (except
amounts of the United States Government) to develop,
improve, and carry out emergency plans under the Act
will at least equal the average level of expenditure
for the last 5 fiscal years; and
[(B) the State agrees to make available at least 75
percent of the amount of the grant under paragraph (1)
of this subsection in the fiscal year to local
emergency planning committees established under section
301(c) of the Act (42 U.S.C. 11001(c)) to develop
emergency plans under the Act.
[(3) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning under the grant is
coordinated with emergency planning conducted by adjacent
States and Indian tribes.
[(b) Training Grants.--(1) The Secretary shall make grants to
States and Indian tribes to train public sector employees to
respond to accidents and incidents involving hazardous
material. To the extent that a grant is used to train emergency
responders, 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.
[(2) The Secretary may make a grant under paragraph (1) of
this subsection in a fiscal year--
[(A) to a State or Indian tribe only if the State or
tribe certifies that the total amount the State or
tribe expends (except amounts of the Government) to
train public sector employees to respond to an accident
or incident involving hazardous material will at least
equal the average level of expenditure for the last 5
fiscal years;
[(B) to a State or Indian tribe only if the State or
tribe makes an agreement with the Secretary that the
State or tribe will use in that fiscal year, for
training public sector employees to respond to an
accident or incident involving hazardous material--
[(i) a course developed or identified under
section 5115 of this title; or
[(ii) another course the Secretary decides is
consistent with the objectives of this section;
and
[(C) to a State only if the State agrees to make
available at least 75 percent of the amount of the
grant under paragraph (1) of this subsection in the
fiscal year for training public sector employees a
political subdivision of the State employs or uses.
[(3) A grant under this subsection 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 the Secretary approves
authorizing a person (including an authority of a State
or political subdivision of a State or Indian tribe) to
provide the training--
[(i) if the agreement allows the Secretary
and the State or tribe to conduct random
examinations, inspections, and audits of the
training without prior notice; and
[(ii) if the State or tribe conducts at least
one on-site observation of the training each
year.
[(4) The Secretary shall allocate amounts made available for
grants under this subsection for a fiscal year among eligible
States and Indian tribes based on the needs of the States and
tribes for emergency response training. In making a decision
about those needs, the Secretary shall consider--
[(A) the number of hazardous material facilities in
the State or on land under the jurisdiction of the
tribe;
[(B) the types and amounts of hazardous material
transported in the State or on that land;
[(C) whether the State or tribe imposes and collects
a fee on transporting hazardous material;
[(D) whether the fee is used only to carry out a
purpose related to transporting hazardous material; and
[(E) other factors the Secretary decides are
appropriate to carry out this subsection.]
(a) Planning and Training Grants.--(1) The Secretary shall
make grants to States and Indian tribes--
(A) to develop, improve, and carry out emergency
plans under the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11001 et seq.),
including ascertaining flow patterns of hazardous
material on lands under the jurisdiction of a State or
Indian tribe, and between lands under the jurisdiction
of a State or Indian tribe and lands of another State
or Indian tribe;
(B) to decide on the need for regional hazardous
material emergency response teams; and
(C) to train public sector employees to respond to
accidents and incidents involving hazardous material.
(2) To the extent that a grant is used to train emergency
responders under paragraph (1)(C), the State or Indian tribe
shall provide written certification to the Secretary that the
emergency responders who receive training under the grant will
have the ability to protect nearby persons, property, and the
environment from the effects of accidents or incidents
involving the transportation of hazardous material in
accordance with existing regulations or National Fire
Protection Association standards for competence of responders
to accidents and incidents involving hazardous materials.
(3) The Secretary may make a grant to a State or Indian tribe
under paragraph (1) of this subsection only if--
(A) the State or Indian tribe certifies that the
total amount the State or Indian tribe expends (except
amounts of the Federal Government) for the purpose of
the grant will at least equal the average level of
expenditure for the last 5 years; and
(B) any emergency response training provided under
the grant shall consist of--
(i) a course developed or identified under
section 5115 of this title; or
(ii) any other course the Secretary
determines is consistent with the objectives of
this section.
(4) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning and emergency response
training under the grant is coordinated with adjacent States
and Indian tribes.
(5) A training grant under paragraph (1)(C) may be used--
(A) to pay--
(i) the tuition costs of public sector
employees being trained;
(ii) travel expenses of those employees to
and from the training facility;
(iii) room and board of those employees when
at the training facility; and
(iv) travel expenses of individuals providing
the training;
(B) by the State, political subdivision, or Indian
tribe to provide the training; and
(C) to make an agreement with a person (including an
authority of a State, a political subdivision of a
State or Indian tribe, or a local jurisdiction),
subject to approval by the Secretary, to provide the
training--
(i) if the agreement allows the Secretary and
the State or Indian tribe to conduct random
examinations, inspections, and audits of the
training without prior notice;
(ii) the person agrees to have an auditable
accounting system; and
(iii) if the State or Indian tribe conducts
at least one on-site observation of the
training each year.
(6) The Secretary shall allocate amounts made available for
grants under this subsection among eligible States and Indian
tribes based on the needs of the States and Indian tribes for
emergency response training. In making a decision about those
needs, the Secretary shall consider--
(A) the number of hazardous material facilities in
the State or on land under the jurisdiction of the
Indian tribe;
(B) the types and amounts of hazardous material
transported in the State or on such land;
(C) whether the State or Indian tribe imposes and
collects a fee on transporting hazardous material;
(D) whether such fee is used only to carry out a
purpose related to transporting hazardous material;
(E) the past record of the State or Indian tribe in
effectively managing planning and training grants; and
(F) any other factors the Secretary determines are
appropriate to carry out this subsection.
[(c)] (b) Compliance With Certain Law.--The Secretary may
make a grant to a State under this section in a fiscal year
only if the State certifies that the State complies with
sections 301 and 303 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).
[(d)] (c) Applications.--A State or Indian tribe interested
in receiving a grant under this section shall submit an
application to the Secretary. The application must be submitted
at the time, and contain information, the Secretary requires by
regulation to carry out the objectives of this section.
[(e)] (d) Government's Share of Costs.--A grant under this
section is for 80 percent of the cost the State or Indian tribe
incurs in the fiscal year to carry out the activity for which
the grant is made. Amounts of the State or tribe under
[subsections (a)(2)(A) and (b)(2)(A)] subsection (a)(3)(A) of
this section are not part of the non-Government share under
this subsection.
[(f)] (e) Monitoring and Technical Assistance.--In
coordination with the Secretaries of Transportation and Energy,
Administrator of the Environmental Protection Agency, and
Director of the National Institute of Environmental Health
Sciences, the Administrator of the Federal Emergency Management
Agency shall monitor public sector emergency response planning
and training for an accident or incident involving hazardous
material. Considering the results of the monitoring, the
Secretaries, Administrators, and Director each shall provide
technical assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency response
training and planning for an accident or incident involving
hazardous material and shall coordinate the assistance using
the existing coordinating mechanisms of the National Response
Team and, for radioactive material, the Federal Radiological
Preparedness Coordinating Committee.
[(g)] (f) Delegation of Authority.--To minimize
administrative costs and to coordinate Federal financial
assistance for emergency response training and planning, the
Secretary may delegate to the Administrator of the Federal
Emergency Management Agency, Director of the National Institute
of Environmental Health Sciences, Chairman of the Nuclear
Regulatory Commission, Administrator of the Environmental
Protection Agency, and Secretaries of Labor and Energy any of
the following:
(1) authority to receive applications for grants
under this section.
(2) authority to review applications for technical
compliance with this section.
(3) authority to review applications to recommend
approval or disapproval.
(4) any other ministerial duty associated with grants
under this section.
[(h)] (g) Minimizing Duplication of Effort and Expenses.--The
Secretaries of Transportation, Labor, and Energy, Administrator
of the Federal Emergency Management Agency, Director of the
National Institute of Environmental Health Sciences, Chairman
of the Nuclear Regulatory Commission, and Administrator of the
Environmental Protection Agency shall review periodically, with
the head of each department, agency, or instrumentality of the
Government, all emergency response and preparedness training
programs of that department, agency, or instrumentality to
minimize duplication of effort and expense of the department,
agency, or instrumentality in carrying out the programs and
shall take necessary action to minimize duplication.
[(i)] (h) Annual Registration Fee Account and Its Uses.--The
Secretary of the Treasury shall establish an account in the
Treasury (to be known as the ``Hazardous Materials Emergency
Preparedness Fund'') into which the Secretary of the Treasury
shall deposit amounts the Secretary of Transportation transfers
to the Secretary of the Treasury under section 5108(g)(2)(C) of
this title. Without further appropriation, amounts in the
account are available--
(1) to make grants under this section and section
5107(e);
(2) to monitor and provide technical assistance under
subsection [(f)] (e) of this section;
(3) to publish and distribute an emergency response
guide; and
(4) to pay administrative costs of carrying out this
section and sections [5108(g)(2) and 5115] 5107(e) and
5108(g)(2) of this title, except that not more than 2
percent of the amounts made available from the account
in a fiscal year may be used to pay those costs.
[(j)] (i) Supplemental Training Grants.--
(1) In order to further the purposes of [subsection
(b)] subsection (a), the Secretary shall, subject to
the availability of funds and through a competitive
process, make a grant or make grants to national
nonprofit fire service organizations for the purpose of
training instructors to conduct hazardous materials
response training programs for individuals with
statutory responsibility to respond to hazardous
materials accidents and incidents.
(2) For the purposes of this subsection the
Secretary, after consultation with interested
organizations, shall--
(A) identify regions or locations in which
fire departments or other organizations which
provide emergency response to hazardous
materials transportation accidents and
incidents are in need of hazardous materials
training; and
(B) prioritize such needs and develop a means
for identifying additional specific training
needs.
(3) Funds granted to an organization under this
subsection shall only be used--
(A) to provide training, including portable
training, for instructors to conduct hazardous
materials response training programs;
(B) to purchase training equipment used
exclusively to train instructors to conduct
such training programs; and
(C) to disseminate such information and
materials as are necessary for the conduct of
such training programs.
(4) The Secretary may only make a grant to an
organization under this subsection in a fiscal year if
the organization enters into an agreement with the
Secretary to provide training, including portable
training, for instructors to conduct hazardous
materials response training programs in such fiscal
year that will use--
(A) a course or courses developed or
identified under section 5115 of this title; or
(B) other courses which the Secretary
determines are consistent with the objectives
of this subsection;
for training individuals with statutory responsibility
to respond to accidents and incidents involving
hazardous materials. Such agreement also shall provide
that training courses shall comply with Federal
regulations and national consensus standards for
hazardous materials response and be open to all such
individuals on a nondiscriminatory basis.
(5) The Secretary may not award a grant to an
organization under this subsection unless the
organization ensures that 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.
(6) Notwithstanding paragraphs (1) and (3), to the
extent determined appropriate by the Secretary, a grant
awarded by the Secretary to an organization under this
subsection to conduct hazardous material response
training programs may be used to train individuals with
responsibility to respond to accidents and incidents
involving hazardous material.
(7) For the purposes of this subsection, the term
``portable training'' means live, instructor-led
training provided by certified fire service instructors
that can be offered in any suitable setting, rather
than specific designated facilities. Under this
training delivery model, instructors travel to
locations convenient to students and utilize local
facilities and resources.
(8) The Secretary may impose such additional terms
and conditions on grants to be made under this
subsection as the Secretary determines are necessary to
protect the interests of the United States and to carry
out the objectives of this subsection.
[(k)] (j) Reports.--The Secretary shall submit an annual
report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate and make available
the report to the public. The report submitted under this
subsection shall include information on the allocation and uses
of the [planning grants allocated under subsection (a),
training grants under subsection (b), and grants under
subsection (j)] planning and training grants under subsection
(a) and grants under subsection (i) of this section and under
section 5107. The report submitted under this subsection shall
identify the ultimate recipients of such grants and include--
[(A)] (1) a detailed accounting and description of
each grant expenditure by each grant recipient,
including the amount of, and purpose for, each
expenditure;
[(B)] (2) the number of persons trained under the
grant program, by training level;
[(C)] (3) an evaluation of the efficacy of such
planning and training programs; and
[(D)] (4) any recommendations the Secretary may have
for improving such grant programs.
Sec. 5117. Special permits and exclusions
(a) Authority To Issue Special Permits.--(1) As provided
under procedures prescribed by regulation, the Secretary may
issue, modify, or terminate a special permit authorizing a
variance from this chapter or a regulation prescribed under
section 5103(b), 5104, 5110, or 5112 of this title to a person
performing a function regulated by the Secretary under section
5103(b)(1) in a way that achieves a safety level--
(A) at least equal to the safety level required under
this chapter; or
(B) consistent with the public interest and this
chapter, if a required safety level does not exist.
(2) A special permit issued under this section shall be
effective for an initial period of not more than 2 years and
may be renewed by the Secretary upon application for successive
periods of not more than 4 years each or, in the case of a
special permit relating to section 5112, for an additional
period of not more than 2 years.
(b) Applications.--When applying for a special permit or
renewal of a special permit under this section, the person must
provide a safety analysis prescribed by the Secretary that
justifies the special permit. 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. The Secretary shall publish in the Federal
Register notice that [an application for a special permit] an
application for a new special permit or a modification to an
existing special permit has been filed and shall give the
public an opportunity to inspect the safety analysis and
comment on the application. This subsection does not require
the release of information protected by law from public
disclosure.
(c) Applications To Be Dealt With Promptly.--The Secretary
shall issue or renew [the special permit] a special permit or
approval for which an application was filed or deny such
issuance or renewal within [180] 120 days after the first day
of the month following the date of the filing of such
application, or the Secretary shall [publish] make available to
the public a statement [in the Federal Register] of the reason
why the Secretary's decision on [the special permit] a special
permit or approval is delayed, along with an estimate of the
additional time necessary before the decision is made.
(d) Exclusions.--(1) The Secretary shall exclude, in any
part, from this chapter and regulations prescribed under this
chapter--
(A) a public vessel (as defined in section 2101 of
title 46);
(B) a vessel exempted under section 3702 of title 46
from chapter 37 of title 46; and
(C) a vessel to the extent it is regulated under the
Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221
et seq.).
(2) This chapter and regulations prescribed under this
chapter do not prohibit--
(A) or regulate transportation of a firearm (as
defined in section 232 of title 18), or ammunition for
a firearm, by an individual for personal use; or
(B) transportation of a firearm or ammunition in
commerce.
(e) Limitation on Authority.--Unless the Secretary decides
that an emergency exists, a special permit or renewal granted
under this section is the only way a person subject to this
chapter may be granted a variance from this chapter.
(f) Incorporation Into Regulations.--
(1) In general.--Not later than 1 year after the date
on which a special permit has been in continuous effect
for a 10-year period, the Secretary shall conduct a
review and analysis of that special permit to determine
whether it may be converted into the hazardous
materials regulations.
(2) Factors.--In conducting the review and analysis
under paragraph (1), the Secretary may consider--
(A) the safety record for hazardous materials
transported under the special permit;
(B) the application of a special permit;
(C) the suitability of provisions in the
special permit for incorporation into the
hazardous materials regulations; and
(D) rulemaking activity in related areas.
(3) Rulemaking.--After completing the review and
analysis under paragraph (1) and after providing notice
and opportunity for public comment, the Secretary shall
either institute a rulemaking to incorporate the
special permit into the hazardous materials regulations
or publish in the Federal Register the Secretary's
justification for why the special permit is not
appropriate for incorporation into the regulations.
(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. 5118. Hazardous material technical assessment, research and
development, and analysis program
(a) Risk Reduction.--
(1) Program authorized.--The Secretary of
Transportation may develop and implement a hazardous
material technical assessment, research and
development, and analysis program for the purpose of--
(A) reducing the risks associated with the
transportation of hazardous material; and
(B) identifying and evaluating new
technologies to facilitate the safe, secure,
and efficient transportation of hazardous
material.
(2) Coordination.--In developing the program under
paragraph (1), the Secretary shall--
(A) utilize information gathered from other
modal administrations with similar programs;
[and]
(B) coordinate with other modal
administrations, as appropriate[.]; and
(C) coordinate, as appropriate, with other
Federal agencies.
(b) Cooperation.--In carrying out subsection (a), the
Secretary shall work cooperatively with regulated and other
entities, including shippers, carriers, emergency responders,
State and local officials, and academic institutions.
(c) Cooperative Research.--
(1) In general.--As part of the program established
in 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
such research.
(3) Research.--Research conducted under this
subsection may include activities related to--
(A) emergency planning and response,
including information and programs that can be
readily assessed and implemented in local
jurisdictions;
(B) risk analysis and perception and data
assessment;
(C) commodity flow data, including voluntary
collaboration between shippers and first
responders for secure data exchange of critical
information;
(D) integration of safety and security;
(E) cargo packaging and handling;
(F) hazmat release consequences; and
(G) materials and equipment testing.
* * * * * * *
Sec. 5121. Administrative
(a) General Authority.--To carry out this chapter, the
Secretary may investigate, conduct tests, make reports, issue
subpenas, conduct hearings, require the production of records
and property, take depositions, and conduct research,
development, demonstration, and training activities. Except as
provided in subsections (c) and (d), after notice and an
opportunity for a hearing, the Secretary may issue an order
requiring compliance with this chapter or a regulation
prescribed, or an order, special permit, or approval issued,
under this chapter.
(b) Records, Reports, and Information.--A person subject to
this chapter shall--
(1) maintain records and property, make reports, and
provide information the Secretary by regulation or
order requires; and
(2) make the records, property, reports, and
information available for inspection when the Secretary
undertakes an investigation or makes a request.
(c) Inspections and Investigations.--
(1) In general.--A designated officer, employee, or
agent of the Secretary--
(A) may inspect and investigate, at a
reasonable time and in a reasonable manner,
records and property relating to a function
described in section 5103(b)(1);
(B) except in the case of packaging
immediately adjacent to its hazardous material
contents, may gain access to, open, and examine
a package offered for, or in, transportation
when the officer, employee, or agent has an
objectively reasonable and articulable belief
that the package may contain a hazardous
material;
(C) may remove from transportation a package
or related packages in a shipment offered for
or in transportation for which--
(i) such officer, employee, or agent
has an objectively reasonable and
articulable belief that the package may
pose an imminent hazard; and
(ii) such officer, employee, or agent
contemporaneously documents such belief
in accordance with procedures set forth
in guidance or regulations prescribed
under subsection (e);
(D) may gather information from the offeror,
carrier, packaging manufacturer or tester, or
other person responsible for the package, to
ascertain the nature and hazards of the
contents of the package;
(E) as necessary, under terms and conditions
specified by the Secretary, may order the
offeror, carrier, packaging manufacturer or
tester, or other person responsible for the
package to have the package transported to,
opened, and the contents examined and analyzed,
at a facility appropriate for the conduct of
such examination and analysis;
(F) when safety might otherwise be
compromised, may authorize properly qualified
personnel to assist in the activities conducted
under this subsection; and
(G) shall provide to the affected offeror,
carrier, packaging manufacturer or tester, or
other person responsible for the package
reasonable notice of--
(i) his or her decision to exercise
his or her authority under paragraph
(1);
(ii) any findings made; and
(iii) any actions being taken as a
result of a finding of noncompliance.
(2) Display of credentials.--An officer, employee, or
agent acting under this subsection shall display proper
credentials, in person or in writing, when requested.
(3) Safe resumption of transportation.--In instances
when, as a result of an inspection or investigation
under this subsection, an imminent hazard is not found
to exist, the Secretary, in accordance with procedures
set forth in regulations prescribed under subsection
(e), shall assist--
(A) in the safe and prompt resumption of
transportation of the package concerned; or
(B) in any case in which the hazardous
material being transported is perishable, in
the safe and expeditious resumption of
transportation of the perishable hazardous
material.
(d) Emergency Orders.--
(1) In general.--If, upon inspection, investigation,
testing, or research, the Secretary determines that a
violation of a provision of this chapter, or a
regulation prescribed under this chapter, or an unsafe
condition or practice, constitutes or is causing an
imminent hazard, the Secretary may issue or impose
emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or an opportunity for
a hearing, but only to the extent necessary to abate
the imminent hazard.
(2) Written orders.--The action of the Secretary
under paragraph (1) shall be in a written emergency
order that--
(A) describes the violation, condition, or
practice that constitutes or is causing the
imminent hazard;
(B) states the restrictions, prohibitions,
recalls, or out-of-service orders issued or
imposed; and
(C) describes the standards and procedures
for obtaining relief from the order.
(3) Opportunity for review.--After taking action
under paragraph (1), the Secretary shall provide for
review of the action under section 554 of title 5 if a
petition for review is filed within 20 calendar days of
the date of issuance of the order for the action.
(4) Expiration of effectiveness of order.--If a
petition for review of an action is filed under
paragraph (3) and the review under that paragraph is
not completed by the end of the 30-day period beginning
on the date the petition is filed, the action shall
cease to be effective at the end of such period unless
the Secretary determines, in writing, that the imminent
hazard providing a basis for the action continues to
exist.
(5) Out-of-service order defined.--In this
subsection, the term ``out-of-service order'' means a
requirement that an aircraft, vessel, motor vehicle,
train, railcar, locomotive, other vehicle, transport
unit, transport vehicle, freight container, potable
tank, or other package not be moved until specified
conditions have been met.
(e) Regulations.--
(1) Temporary regulations.--Not later than 60 days
after the date of enactment of the Hazardous Materials
Transportation Safety and Security Reauthorization Act
of 2005, the Secretary shall issue temporary
regulations to carry out subsections (c) and (d). The
temporary regulations shall expire on the date of
issuance of the regulations under paragraph (2).
(2) Final regulations.--Not later than 1 year after
such date of enactment, the Secretary shall issue
regulations to carry out subsections (c) and (d) in
accordance with subchapter II of chapter 5 of title 5.
(3) Matters to be addressed.--The regulations issued
under this subsection shall address--
(A) the safe and expeditious resumption of
transportation of perishable hazardous
material, including radiopharmaceuticals and
other medical products, that may require timely
delivery due to life-threatening situations;
(B) the means by which--
(i) noncompliant packages that
present an imminent hazard are placed
out-of-service until the condition is
corrected; and
(ii) noncompliant packages that do
not present a hazard are moved to their
final destination;
(C) appropriate training and equipment for
inspectors; and
(D) the proper closure of packaging in
accordance with the hazardous material
regulations.
(f) Facility, Staff, and Reporting System on Risks,
Emergencies, and Actions.--(1) The Secretary shall--
(A) maintain a facility and technical staff
sufficient to provide, within the United States
Government, the capability of evaluating a risk related
to the transportation of hazardous material and
material alleged to be hazardous;
(B) maintain a central reporting system and
information center capable of providing information and
advice to law enforcement and firefighting personnel,
other interested individuals, and officers and
employees of the Government and State and local
governments on meeting an emergency related to the
transportation of hazardous material; and
(C) conduct a continuous review on all aspects of
transporting hazardous material to decide on and take
appropriate actions to ensure safe transportation of
hazardous material.
(2) Paragraph (1) of this subsection does not prevent the
Secretary from making a contract with a private entity for use
of a supplemental reporting system and information center
operated and maintained by the contractor.
(g) Grants and Cooperative Agreements.--The Secretary may
enter into grants and cooperative agreements with a person,
agency, or instrumentality of the United States, a unit of
State or local government, an Indian tribe, a foreign
government (in coordination with the Department of State), an
educational institution, or other appropriate entity--
(1) to expand risk assessment and emergency response
capabilities with respect to the safety and security of
transportation of hazardous material;
(2) to enhance emergency communications capacity as
determined necessary by the Secretary, including the
use of integrated, interoperable emergency
communications technologies where appropriate;
(3) to conduct research, development, demonstration,
risk assessment, and emergency response planning and
training activities; or
(4) to otherwise carry out this chapter.
(h) Report.--The Secretary shall, once every 2 years, prepare
and [transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate] make available to the public on the Department of
Transportation's Internet Web site a comprehensive report on
the transportation of hazardous materials during the preceding
2 calendar years. The report shall include--
(1) a statistical compilation of accidents and
casualties related to the transportation of hazardous
material;
(2) a list and summary of applicable Government
regulations, criteria, orders, and special permits;
(3) a summary of the basis for each special permit;
(4) an evaluation of the effectiveness of enforcement
activities relating to a function regulated by the
Secretary under section 5103(b)(1) and the degree of
voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out
this chapter in order of priority; and
(6) recommendations for appropriate legislation.
* * * * * * *
[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) $42,338,000 for fiscal year 2013;
[(2) $42,762,000 for fiscal year 2014;
[(3) $42,762,000 for fiscal year 2015; and
[(4) $3,388,246 for the period beginning on October
1, 2015, and ending on October 29, 2015.
[(b) Hazardous Materials Emergency Preparedness Fund.--
[(1) Fiscal years 2013 through 2015.--From the
Hazardous Materials Emergency Preparedness Fund
established under section 5116(i), the Secretary may
expend, during each of fiscal years 2013 through 2015--
[(A) $188,000 to carry out section 5115;
[(B) $21,800,000 to carry out subsections (a)
and (b) of section 5116, of which not less than
$13,650,000 shall be available to carry out
section 5116(b);
[(C) $150,000 to carry out section 5116(f);
[(D) $625,000 to publish and distribute the
Emergency Response Guidebook under section
5116(i)(3); and
[(E) $1,000,000 to carry out section 5116(j).
[(2) Fiscal year 2016.--From the Hazardous Materials
Emergency Preparedness Fund established under section
5116(i), the Secretary may expend for the period
beginning on October 1, 2015, and ending on October 29,
2015--
[(A) $14,896 to carry out section 5115;
[(B) $1,727,322 to carry out subsections (a)
and (b) of section 5116, of which not less than
$1,081,557 shall be available to carry out
section 5116(b);
[(C) $11,885 to carry out section 5116(f);
[(D) $49,522 to publish and distribute the
Emergency Response Guidebook under section
5116(i)(3); and
[(E) $79,235 to carry out section 5116(j).
[(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to
section 5116(i), the Secretary may expend $4,000,000 for each
of fiscal years 2013 through 2015 and $316,940 for the period
beginning on October 1, 2015, and ending on October 29, 2015,
to carry out section 5107(e).
[(d) Credits to Appropriations.--
[(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may
credit amounts received from a State, Indian tribe, or
other public authority or private entity for expenses
the Secretary incurs in providing training to the
State, authority, or entity.
[(2) Availability of amounts.--Amounts made available
under this section shall remain available until
expended.]
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;
(5) $60,000,000 for fiscal year 2020; and
(6) $62,000,000 for fiscal year 2021.
(b) Hazardous Materials Emergency Preparedness Fund.--From
the Hazardous Materials Emergency Preparedness Fund established
under section 5116(h), the Secretary may expend, for each of
fiscal years 2016 through 2021--
(1) $21,988,000 to carry out section 5116(a);
(2) $150,000 to carry out section 5116(e);
(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
(4) $1,000,000 to carry out section 5116(i).
(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to
section 5116(h), the Secretary may expend $5,000,000 for each
of fiscal years 2016 through 2021 to carry out section 5107(e).
(d) Credits to Appropriations.--
(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may
credit amounts received from a State, Indian tribe, or
other public authority or private entity for expenses
the Secretary incurs in providing training to the
State, Indian tribe, authority, or entity.
(2) Availability of amounts.--Amounts made available
under this section shall remain available until
expended.
* * * * * * *
CHAPTER 53--PUBLIC TRANSPORTATION
Sec.
5301. Policies and purposes.
* * * * * * *
[5312. Research, development, demonstration, and deployment projects.
[5313. Transit cooperative research program.
[5314. Technical assistance and standards development.]
5312. Public transportation innovation.
5314. Technical assistance and workforce development.
* * * * * * *
[5322. Human resources and training.]
* * * * * * *
[5339. Bus and bus facilities formula grants.]
5339. Bus and bus facility grants.
* * * * * * *
Sec. 5302. Definitions
Except as otherwise specifically provided, in this chapter
the following definitions apply:
(1) Associated transit improvement.--The term
``associated transit improvement'' means, with respect
to any project or an area to be served by a project,
projects that are designed to enhance public
transportation service or use and that are physically
or functionally related to transit facilities. Eligible
projects are--
(A) historic preservation, rehabilitation,
and operation of historic public transportation
buildings, structures, and facilities
(including historic bus and railroad
facilities) intended for use in public
transportation service;
(B) bus shelters;
(C) [landscaping and] streetscaping,
including benches, trash receptacles, and
street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage
facilities and installing equipment for
transporting bicycles on public transportation
vehicles;
(F) signage; or
(G) enhanced access for persons with
disabilities to public transportation.
(2) Bus rapid transit system.--The term ``bus rapid
transit system'' means a bus transit system--
(A) in which the majority of each line
operates in a separated right-of-way dedicated
for public transportation use during peak
periods; and
(B) 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.
(3) Capital project.--The term ``capital project''
means a project for--
(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in
public transportation, expenses incidental to
the acquisition or construction (including
designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments
for the capital portions of rail trackage
rights agreements, transit-related intelligent
transportation systems, relocation assistance,
acquiring replacement housing sites, and
acquiring, constructing, relocating, and
rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use
in public transportation, subject to
regulations that the Secretary prescribes
limiting the leasing arrangements to those that
are more cost-effective than purchase or
construction;
(G) a joint development improvement that--
(i) enhances economic development or
incorporates private investment, such
as commercial and residential
development;
(ii)(I) enhances the effectiveness of
public transportation and is related
physically or functionally to public
transportation; or
(II) establishes new or enhanced
coordination between public
transportation and other
transportation;
(iii) provides a fair share of
revenue that will be used for public
transportation;
(iv) provides that a person making an
agreement to occupy space in a facility
constructed under this paragraph shall
pay a fair share of the costs of the
facility through rental payments and
other means;
(v) may include--
(I) property acquisition;
(II) demolition of existing
structures;
(III) site preparation;
(IV) utilities;
(V) building foundations;
(VI) walkways;
(VII) pedestrian and bicycle
access to a public
transportation facility;
(VIII) construction,
renovation, and improvement of
intercity bus and intercity
rail stations and terminals;
(IX) renovation and
improvement of historic
transportation facilities;
(X) open space;
(XI) safety and security
equipment and facilities
(including lighting,
surveillance, and related
intelligent transportation
system applications);
(XII) facilities that
incorporate community services
such as daycare or health care;
(XIII) a capital project for,
and improving, equipment or a
facility for an intermodal
transfer facility or
transportation mall; and
(XIV) construction of space
for commercial uses; and
(vi) does not include outfitting of
commercial space (other than an
intercity bus or rail station or
terminal) or a part of a public
facility not related to public
transportation;
(H) the introduction of new technology,
through innovative and improved products, into
public transportation;
(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 not to
exceed 10 percent of such recipient's annual
formula apportionment under sections 5307 and
5311;
(J) establishing a debt service reserve, made
up of deposits with a bondholder's trustee, to
ensure the timely payment of principal and
interest on bonds issued by a grant recipient
to finance an eligible project under this
chapter;
(K) mobility management--
(i) consisting of short-range
planning and management activities and
projects for improving coordination
among public transportation and other
transportation service providers
carried out by a recipient or
subrecipient through an agreement
entered into with a person, including a
governmental entity, under this chapter
(other than section 5309); but (ii)
excluding operating public
transportation services; or
(L) associated capital maintenance,
including--
(i) equipment, tires, tubes, and
material, each costing at least .5
percent of the current fair market
value of rolling stock comparable to
the rolling stock for which the
equipment, tires, tubes, and material
are to be used; and
(ii) reconstruction of equipment and
material, each of which after
reconstruction will have a fair market
value of at least .5 percent of the
current fair market value of rolling
stock comparable to the rolling stock
for which the equipment and material
will be used.
(4) Designated recipient.--The term ``designated
recipient'' means--
(A) an entity designated, in accordance with
the planning process under sections 5303 and
5304, by the Governor of a State, responsible
local officials, and publicly owned operators
of public transportation, to receive and
apportion amounts under section 5336 to
urbanized areas of 200,000 or more in
population; or
(B) a State or regional authority, if the
authority is responsible under the laws of a
State for a capital project and for financing
and directly providing public transportation.
(5) Disability.--The term ``disability'' has the same
meaning as in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(6) Emergency regulation.--The term ``emergency
regulation'' means a regulation--
(A) that is effective temporarily before the
expiration of the otherwise specified periods
of time for public notice and comment under
section 5334(c); and
(B) prescribed by the Secretary as the result
of a finding that a delay in the effective date
of the regulation--
(i) would injure seriously an
important public interest;
(ii) would frustrate substantially
legislative policy and intent; or
(iii) would damage seriously a person
or class without serving an important
public interest.
(7) Fixed guideway.--The term ``fixed guideway''
means a public transportation facility--
(A) using and occupying a separate right-of-
way for the exclusive use of public
transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(8) Governor.--The term ``Governor''--
(A) means the Governor of a State, the mayor
of the District of Columbia, and the chief
executive officer of a territory of the United
States; and
(B) includes the designee of the Governor.
(9) Job access and reverse commute project.--
(A) In general.--The term ``job access and
reverse commute project'' means a
transportation project to finance planning,
capital, and operating costs that support the
development and maintenance of transportation
services designed to transport welfare
recipients and eligible low-income individuals
to and from jobs and activities related to
their employment, including transportation
projects that facilitate the provision of
public transportation services from urbanized
areas and rural areas to suburban employment
locations.
(B) Definitions.--In this paragraph:
(i) Eligible low-income individual.--
The term ``eligible low-income
individual'' means an individual whose
family income is at or below 150
percent of the poverty line (as that
term is defined in section 673(2) of
the Community Service Block Grant Act
(42 U.S.C. 9902(2)), including any
revision required by that section) for
a family of the size involved.
(ii) Welfare recipient.--The term
``welfare recipient'' means an
individual who has received assistance
under a State or tribal program funded
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) at
any time during the 3-year period
before the date on which the applicant
applies for a grant under section 5307
or 5311.
(10) Local governmental authority.--The term ``local
governmental authority'' includes--
(A) a political subdivision of a State;
(B) an authority of at least 1 State or
political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or
commission established under the laws of a
State.
(11) Low-income individual.--The term ``low-income
individual'' means an individual whose family income is
at or below 150 percent of the poverty line, as that
term is defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), including
any revision required by that section, for a family of
the size involved.
(12) Net project cost.--The term ``net project cost''
means the part of a project that reasonably cannot be
financed from revenues.
(13) New bus model.--The term ``new bus model'' means
a bus model (including a model using alternative
fuel)--
(A) that has not been used in public
transportation in the United States before the
date of production of the model; or
(B) used in public transportation in the
United States, but being produced with a major
change in configuration or components.
(14) Public transportation.--The term ``public
transportation''--
(A) means regular, continuing shared-ride
surface transportation services that are open
to the general public or open to a segment of
the general public defined by age, disability,
or low income; and
(B) does not include--
(i) intercity passenger rail
transportation provided by the entity
described in chapter 243 (or a
successor to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for
patrons of one or more specific
establishments; or
(vii) intra-terminal or intra-
facility shuttle services.
(15) Regulation.--The term ``regulation'' means any
part of a statement of general or particular
applicability of the Secretary designed to carry out,
interpret, or prescribe law or policy in carrying out
this chapter.
(16) Rural area.--The term ``rural area'' means an
area encompassing a population of less than 50,000
people that has not been designated in the most recent
decennial census as an ``urbanized area'' by the
Secretary of Commerce.
(17) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(18) Senior.--The term ``senior'' means an individual
who is 65 years of age or older.
(19) State.--The term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, Guam, American Samoa, and
the Virgin Islands.
(20) State of good repair.--The term ``state of good
repair'' has the meaning given that term by the
Secretary, by rule, under section 5326(b).
(21) Transit.--The term ``transit'' means public
transportation.
(22) Urban area.--The term ``urban area'' means an
area that includes a municipality or other built-up
place that the Secretary, after considering local
patterns and trends of urban growth, decides is
appropriate for a local public transportation system to
serve individuals in the locality.
(23) Urbanized area.--The term ``urbanized area''
means an area encompassing a population of not less
than 50,000 people that has been defined and designated
in the most recent decennial census as an ``urbanized
area'' by the Secretary of Commerce.
(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.
(25) Base-model bus.--The term ``base-model bus''
means a heavy-duty public transportation bus
manufactured to meet, but not exceed, transit-specific
minimum performance criteria developed by the
Secretary.
Sec. 5303. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 5304(d).
(b) Definitions.--In this section and section 5304, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization established as a result of the
designation process under subsection (d).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
established as the result of a designation under
section 5304(l).
(6) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
(7) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as determined by the Bureau of the Census.
(c) General Requirements.--
(1) Development of long-range plans and TIPs.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs through a performance-driven,
outcome-based approach to planning for metropolitan
areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways [and bicycle transportation facilities],
bicycle transportation facilities, and intermodal
facilities that support intercity transportation,
including intercity buses and intercity bus facilities)
that will function as an intermodal transportation
system for the metropolitan planning area and as an
integral part of an intermodal transportation system
for the State and the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--Not later than 2 years after the date
of enactment of the Federal Public Transportation Act
of 2012, each metropolitan planning organization that
serves an area designated as a transportation
management area shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
(C) appropriate State officials.
(3) Representation.--
(A) In general.--Designation or selection of
officials or representatives under paragraph
(2) shall be determined by the metropolitan
planning organization according to the bylaws
or enabling statute of the organization.
(B) Public transportation representative.--
Subject to the bylaws or enabling statute of
the metropolitan planning organization, a
representative of a provider of public
transportation may also serve as a
representative of a local municipality.
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2).
[(3)] (4) Limitation on statutory construction.--
Nothing in this subsection shall be construed to
interfere with the authority, under any State law in
effect on December 18, 1991, of a public agency with
multimodal transportation responsibilities--
(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
[(4)] (5) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under [paragraph (5)] paragraph (6).
[(5)] (6) Redesignation procedures.--
(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without
undertaking a redesignation.
[(6)] (7) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--
(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in [subsection (d)(5)] subsection (d)(6).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner
described in subsection (d)(1);
(B) shall encompass the areas described in
paragraph (2)(A);
(C) may encompass the areas described in
paragraph (2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
(f) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a
metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
(2) Transportation improvements located in multiple
MPOs.--If a transportation improvement, funded under
this chapter or title 23, is located within the
boundaries of more than 1 metropolitan planning area,
the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transportation
improvement.
(3) Relationship with other planning officials.--
(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, tourism, natural
disaster risk reduction, environmental
protection, airport operations, and freight
movements) or to coordinate its planning
process, to the maximum extent practicable,
with such planning activities.
(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
(i) recipients of assistance under
this chapter;
(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
(iii) recipients of assistance under
section 204 of title 23.
(h) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation; [and]
(H) emphasize the preservation of the
existing transportation system[.]; and
(I) improve the resilience and reliability of
the transportation system.
(2) Performance-based approach.--
(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of title 23 and the general
purposes described in section 5301.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c) of title 23, where
applicable, to use in tracking
progress towards attainment of
critical outcomes for the
region of the metropolitan
planning organization.
(II) Coordination.--Selection
of performance targets by a
metropolitan planning
organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d).
(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
(D) Integration of other performance-based
plans.--A metropolitan planning organization
shall integrate in the metropolitan
transportation planning process, directly or by
reference, the goals, objectives, performance
measures, and targets described in other State
transportation plans and transportation
processes, as well as any plans developed by
recipients of assistance under this chapter,
required as part of a performance-based
program.
(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this
chapter, title 23, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
(i) Development of Transportation Plan.--
(1) Requirements.--
(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
(B) Frequency.--
(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
(ii) Other areas.--In the case of any
other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) Identification of transportation
facilities.--
(i) In general.--An identification of
transportation facilities (including
major roadways, [transit] public
transportation facilities, intercity
bus facilities, multimodal and
intermodal facilities, nonmotorized
transportation facilities, and
intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
(D) Mitigation activities.--
(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
(E) Financial plan.--
(i) In general.--A financial plan
that--
(I) demonstrates how the
adopted transportation plan can
be implemented;
(II) indicates resources from
public and private sources that
are reasonably expected to be
made available to carry out the
plan; and
(III) recommends any
additional financing strategies
for needed projects and
programs.
(ii) Inclusions.--The financial plan
may include, for illustrative purposes,
additional projects that would be
included in the adopted transportation
plan if reasonable additional resources
beyond those identified in the
financial plan were available.
(iii) Cooperative development.--For
the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
(F) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities.
(3) Coordination with Clean Air Act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
(4) Optional scenario development.--
(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
(B) Recommended components.--A metropolitan
planning organization that chooses to develop
multiple scenarios under subparagraph (A) shall
be encouraged to consider--
(i) potential regional investment
strategies for the planning horizon;
(ii) assumed distribution of
population and employment;
(iii) a scenario that, to the maximum
extent practicable, maintains baseline
conditions for the performance measures
identified in subsection (h)(2);
(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
(vi) estimated costs and potential
revenues available to support each
scenario.
(C) Metrics.--In addition to the performance
measures identified in section 150(c) of title
23, metropolitan planning organizations may
evaluate scenarios developed under this
paragraph using locally-developed measures.
(5) Consultation.--
(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
(B) Issues.--The consultation shall involve,
as appropriate--
(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
(6) Participation by interested parties.--
(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, public ports, freight
shippers, providers of freight transportation
services, private providers of transportation
(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), representatives
of users of public transportation,
representatives of users of pedestrian walkways
and bicycle transportation facilities,
representatives of the disabled, and other
interested parties with a reasonable
opportunity to comment on the transportation
plan.
(B) Contents of participation plan.--A
participation plan--
(i) shall be developed in
consultation with all interested
parties; and
(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
(C) Methods.--In carrying out subparagraph
(A), the metropolitan planning organization
shall, to the maximum extent practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization techniques
to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
(8) Selection of projects from illustrative list.--
Notwithstanding [paragraph (2)(C)] paragraph (2)(E), a
State or metropolitan planning organization shall not
be required to select any project from the illustrative
list of additional projects included in the financial
plan under [paragraph (2)(C)] paragraph (2)(E).
(j) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
(i) contains projects consistent with
the current metropolitan transportation
plan;
(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
(iii) once implemented, is designed
to make progress toward achieving the
performance targets established under
subsection (h)(2).
(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
(D) Updating and approval.--The TIP shall
be--
(i) updated at least once every 4
years; and
(ii) approved by the metropolitan
planning organization and the Governor.
(2) Contents.--
(A) Priority list.--The TIP shall include a
priority list of proposed Federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan.--The TIP shall include a
financial plan that--
(i) demonstrates how the TIP can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
(D) Performance target achievement.--The
transportation improvement program shall
include, to the maximum extent practicable, a
description of the anticipated effect of the
transportation improvement program toward
achieving the performance targets established
in the metropolitan transportation plan,
linking investment priorities to those
performance targets.
(3) Included projects.--
(A) Projects under this chapter and title
23.--A TIP developed under this subsection for
a metropolitan area shall include the projects
within the area that are proposed for funding
under this chapter and chapter 1 of title 23.
(B) Projects under chapter 2 of title 23.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
transportation improvement program.
(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (k)(4) and in addition to the TIP
development required under paragraph (1), the
selection of Federally funded projects in
metropolitan areas shall be carried out, from
the approved TIP--
(i) by--
(I) in the case of projects
under title 23, the State; and
(II) in the case of projects
under this chapter, the
designated recipients of public
transportation funding; and
(ii) in cooperation with the
metropolitan planning organization.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
(B) Required action by the Secretary.--Action
by the Secretary shall be required for a State
or metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion
in an approved TIP.
(7) Publication.--
(A) Publication of TIPs.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
(B) Publication of annual listings of
projects.--
(i) In general.--An annual listing of
projects, including investments in
pedestrian walkways and bicycle
transportation facilities, for which
Federal funds have been obligated in
the preceding year shall be published
or otherwise made available by the
cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
(ii) Requirement.--The listing shall
be consistent with the categories
identified in the TIP.
(k) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
(3) Congestion management process.--
(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section shall address
congestion management through a process that
provides for effective management and
operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of
new and existing transportation facilities
eligible for funding under this chapter and
title 23 through the use of travel demand
reduction (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, and operational management
strategies.
(B) Schedule.--The Secretary shall establish
an appropriate phase-in schedule for compliance
with the requirements of this section but no
sooner than 1 year after the identification of
a transportation management area.
(C) Congestion management plan.--A
metropolitan planning organization with a
transportation management area may develop a
plan that includes projects and strategies that
will be considered in the TIP of such
metropolitan planning organization. Such plan
shall--
(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.
(4) Selection of projects.--
(A) In general.--All Federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under title 23
(excluding projects carried out on the National
Highway System) or under this chapter shall be
selected for implementation from the approved
TIP by the metropolitan planning organization
designated for the area in consultation with
the State and any affected public
transportation operator.
(B) National Highway System projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this chapter and title 23.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(l) Report on Performance-based Planning Processes.--
(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection.
(2) Report.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of
2012, the Secretary shall submit to Congress a report
evaluating--
(A) the overall effectiveness of performance-
based planning as a tool for guiding
transportation investments;
(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
(C) the extent to which metropolitan planning
organizations have achieved, or are currently
making substantial progress toward achieving,
the performance targets specified under this
section and whether metropolitan planning
organizations are developing meaningful
performance targets; and
(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area [of less than
200,000] with a population of 200,000 or less
and their ability to carry out the requirements
of this section.
(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
(m) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(n) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provisions
of this chapter or title 23, for transportation
management areas classified as nonattainment for ozone
or carbon monoxide pursuant to the Clean Air Act (42
U.S.C. 7401 et seq.), Federal funds may not be advanced
in such area for any highway project that will result
in a significant increase in the carrying capacity for
single-occupant vehicles unless the project is
addressed through a congestion management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this chapter or title 23.
(p) Funding.--[Funds set aside under section 104(f)] Funds
apportioned under section 104(b)(5) of title 23 or section
5305(g) shall be available to carry out this section.
(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.
Sec. 5304. Statewide and nonmetropolitan transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--Subject to
section 5303, to accomplish the objectives stated in
section 5303(a), each State shall develop a statewide
transportation plan and a statewide transportation
improvement program for all areas of the State.
(2) Contents.--The statewide transportation plan and
the transportation improvement program developed for
each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways [and bicycle transportation facilities],
bicycle transportation facilities, and intermodal
facilities that support intercity transportation,
including intercity buses and intercity bus facilities)
that will function as an intermodal transportation
system for the State and an integral part of an
intermodal transportation system for the United States.
(3) Process of development.--The process for
developing the statewide plan and the transportation
improvement program shall provide for consideration of
all modes of transportation and the policies stated in
section 5303(a) and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on
the complexity of the transportation problems to be
addressed.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 5303 for metropolitan areas
of the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.--
(1) In general.--Two or more States may enter into
agreements or compacts, not in conflict with any law of
the United States, for cooperative efforts and mutual
assistance in support of activities authorized under
this section related to interstate areas and localities
in the States and establishing authorities the States
consider desirable for making the agreements and
compacts effective.
(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(d) Scope of Planning Process.--
(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(G) promote efficient system management and
operation; [and]
(H) emphasize the preservation of the
existing transportation system[.]; and
(I) improve the resilience and reliability of
the transportation system.
(2) Performance-based approach.--
(A) In general.--The statewide transportation
planning process shall provide for the
establishment and use of a performance-based
approach to transportation decisionmaking to
support the national goals described in section
150(b) of title 23 and the general purposes
described in section 5301.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each State
shall establish performance
targets that address the
performance measures described
in section 150(c) of title 23,
where applicable, to use in
tracking progress towards
attainment of critical outcomes
for the State.
(II) Coordination.--Selection
of performance targets by a
State shall be coordinated with
the relevant metropolitan
planning organizations to
ensure consistency, to the
maximum extent practicable.
(ii) Public transportation
performance targets.--In [urbanized]
areas with a population of fewer than
200,000 individuals, as calculated
according to the most recent decennial
census, and not represented by a
metropolitan planning organization,
selection of performance targets by a
State shall be coordinated, to the
maximum extent practicable, with
providers of public transportation to
ensure consistency with sections
5326(c) and 5329(d).
(C) Integration of other performance-based
plans.--A State shall integrate into the
statewide transportation planning process,
directly or by reference, the goals,
objectives, performance measures, and targets
described in this paragraph, in other State
transportation plans and transportation
processes, as well as any plans developed
pursuant to title 23 by providers of public
transportation in [urbanized] areas with a
population of fewer than 200,000 individuals,
as calculated according to the most recent
decennial census, and not represented by a
metropolitan planning organization, required as
part of a performance-based program.
(D) Use of performance measures and
targets.--The performance measures and targets
established under this paragraph shall be
considered by a State when developing policies,
programs, and investment priorities reflected
in the statewide transportation plan and
statewide transportation improvement program.
(3) Failure to consider factors.--The failure to take
into consideration the factors specified in paragraphs
(1) and (2) shall not be subject to review by any court
under this chapter, title 23, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter
affecting a statewide transportation plan, a statewide
transportation improvement program, a project or
strategy, or the certification of a planning process.
(e) Additional Requirements.--'In carrying out planning under
this section, each State shall, at a minimum--
(1) with respect to nonmetropolitan areas, cooperate
with affected local officials with responsibility for
transportation or, if applicable, through regional
transportation planning organizations described in
subsection (l);
(2) consider the concerns of Indian tribal
governments and Federal land management agencies that
have jurisdiction over land within the boundaries of
the State; and
(3) consider coordination of transportation plans,
the transportation improvement program, and planning
activities with related planning activities being
carried out outside of metropolitan planning areas and
between States.
(f) Long-range Statewide Transportation Plan.--
(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 5303.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed
in cooperation with affected
nonmetropolitan officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (l).
(ii) Role of Secretary.--The
Secretary shall not review or approve
the consultation process in each State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
(D) Consultation, comparison, and
consideration.--
(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, and historic
preservation.
(ii) Comparison and consideration.--
Consultation under clause (i) shall
involve comparison of transportation
plans to State and tribal conservation
plans or maps, if available, and
comparison of transportation plans to
inventories of natural or historic
resources, if available.
(3) Participation by interested parties.--
(A) In general.--In developing the statewide
transportation plan, the State shall provide
to--
(i) nonmetropolitan local elected
officials, or, if applicable, through
regional transportation planning
organizations described in subsection
(l), an opportunity to participate in
accordance with subparagraph (B)(i);
and
(ii) citizens, affected public
agencies, representatives of public
transportation employees, public ports,
freight shippers, private providers of
transportation (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),
representatives of users of public
transportation, representatives of
users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled,
providers of freight transportation
services, and other interested parties
a reasonable opportunity to comment on
the proposed plan.
(B) Methods.--In carrying out subparagraph
(A), the State shall, to the maximum extent
practicable--
(i) develop and document a
consultative process to carry out
subparagraph (A)(i) that is separate
and discrete from the public
involvement process developed under
clause (ii);
(ii) hold any public meetings at
convenient and accessible locations and
times;
(iii) employ visualization techniques
to describe plans; and
(iv) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
(4) Mitigation activities.--
(A) In general.--A long-range transportation
plan shall include a discussion of potential
environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the
environmental functions affected by the plan.
(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
(5) Financial plan.--The statewide transportation
plan may include--
(A) a financial plan that--
(i) demonstrates how the adopted
statewide transportation plan can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be made available to carry
out the plan; and
(iii) recommends any additional
financing strategies for needed
projects and programs; and
(B) for illustrative purposes, additional
projects that would be included in the adopted
statewide transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
(7) Performance-based approach.--The statewide
transportation plan should include--
(A) a description of the performance measures
and performance targets used in assessing the
performance of the transportation system in
accordance with subsection (d)(2); and
(B) a system performance report and
subsequent updates evaluating the condition and
performance of the transportation system with
respect to the performance targets described in
subsection (d)(2), including progress achieved
by the metropolitan planning organization in
meeting the performance targets in comparison
with system performance recorded in previous
reports;
(8) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system.
(9) Publication of long-range transportation plans.--
Each long-range transportation plan prepared by a State
shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
(g) Statewide Transportation Improvement Program.--
(1) Development.--
(A) In general.--Each State shall develop a
statewide transportation improvement program
for all areas of the State.
(B) Duration and updating of program.--Each
program developed under subparagraph (A) shall
cover a period of 4 years and shall be updated
every 4 years or more frequently if the
Governor of the State elects to update more
frequently.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated
for the metropolitan area under section 5303.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to each
nonmetropolitan area in the State, the
program shall be developed in
cooperation with affected
nonmetropolitan local officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (l).
(ii) Role of Secretary.--The
Secretary shall not review or approve
the specific consultation process in
the State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
(4) Performance target achievement.--A statewide
transportation improvement program shall include, to
the maximum extent practicable, a discussion of the
anticipated effect of the statewide transportation
improvement program toward achieving the performance
targets established in the statewide transportation
plan, linking investment priorities to those
performance targets.
(5) Included projects.--
(A) In general.--A transportation improvement
program developed under this subsection for a
State shall include Federally supported surface
transportation expenditures within the
boundaries of the State.
(B) Listing of projects.--
(i) In general.--An annual listing of
projects for which funds have been
obligated for the preceding year in
each metropolitan planning area shall
be published or otherwise made
available by the cooperative effort of
the State, transit operator, and the
metropolitan planning organization for
public review.
(ii) Funding categories.--The listing
described in clause (i) shall be
consistent with the funding categories
identified in each metropolitan
transportation improvement program.
(C) Projects under chapter 2.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
transportation improvement program.
(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
(D) Consistency with statewide transportation
plan.--Each project shall be--
(i) consistent with the statewide
transportation plan developed under
this section for the State;
(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as a nonattainment area
for ozone, particulate matter, or
carbon monoxide under part D of title I
of that Act (42 U.S.C. 7501 et seq.).
(E) Requirement of anticipated full
funding.--The transportation improvement
program shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
(F) Financial plan.--
(i) In general.--The transportation
improvement program may include a
financial plan that demonstrates how
the approved transportation improvement
program can be implemented, indicates
resources from public and private
sources that are reasonably expected to
be made available to carry out the
transportation improvement program, and
recommends any additional financing
strategies for needed projects and
programs.
(ii) Additional projects.--The
financial plan may include, for
illustrative purposes, additional
projects that would be included in the
adopted transportation plan if
reasonable additional resources beyond
those identified in the financial plan
were available.
(G) Selection of projects from illustrative
list.--
(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the
Secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
transportation improvement program.
(H) Priorities.--The transportation
improvement program shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this chapter and title
23.
(6) Project selection for areas of less than 50,000
population.--
(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals shall be selected, from the
approved transportation improvement program
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program under title 23 or under
sections 5310 and 5311 of this chapter), by the
State in cooperation with the affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(l).
(B) Other projects.--Projects carried out in
areas with populations of less than 50,000
individuals on the National Highway System or
under the bridge program or the Interstate
maintenance program under title 23 or under
sections 5310 and 5311 of this chapter shall be
selected, from the approved statewide
transportation improvement program, by the
State in consultation with the affected
nonmetropolitan local officials with
responsibility for transportation.
(7) Transportation improvement program approval.--
Every 4 years, a transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary if based on a current
planning finding.
(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is
consistent with this section and section 5303.
(9) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved transportation
improvement program in place of another project in the
program.
(h) Performance-based Planning Processes Evaluation.--
(1) In general.--The Secretary shall establish
criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking
into consideration the following:
(A) The extent to which the State is making
progress toward achieving, the performance
targets described in subsection (d)(2), taking
into account whether the State developed
appropriate performance targets.
(B) The extent to which the State has made
transportation investments that are efficient
and cost-effective.
(C) The extent to which the State--
(i) has developed an investment
process that relies on public input and
awareness to ensure that investments
are transparent and accountable; and
(ii) provides reports allowing the
public to access the information being
collected in a format that allows the
public to meaningfully assess the
performance of the State.
(2) Report.--
(A) In general.--Not later than 5 years after
the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall
submit to Congress a report evaluating--
(i) the overall effectiveness of
performance-based planning as a tool
for guiding transportation investments;
and
(ii) the effectiveness of the
performance-based planning process of
each State.
(B) Publication.--The report under
subparagraph (A) shall be published or
otherwise made available in electronically
accessible formats and means, including on the
Internet.
(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5303, and
sections 134 and 135 of title 23, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this this section and section 5303, and sections 134 and 135 of
title 23, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 5303, and sections 134 and
135 of title 23, as appropriate.
(j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(k) Schedule for Implementation.--The Secretary shall issue
guidance on a schedule for implementation of the changes made
by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not
require a State to deviate from its established planning update
cycle to implement changes made by this section. States shall
reflect changes made to their transportation plan or
transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary
under this subsection.
(l) Designation of Regional Transportation Planning
Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and transportation
improvement programs, with an emphasis on addressing
the needs of nonmetropolitan areas of the State.
(2) Structure.--A regional transportation planning
organization shall be established as a
multijurisdictional organization of nonmetropolitan
local officials or their designees who volunteer for
such organization and representatives of local
transportation systems who volunteer for such
organization.
(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
(A) a policy committee, the majority of which
shall consist of nonmetropolitan local
officials, or their designees, and, as
appropriate, additional representatives from
the State, private business, transportation
service providers, economic development
practitioners, and the public in the region;
and
(B) a fiscal and administrative agent, such
as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
(4) Duties.--The duties of a regional transportation
planning organization shall include--
(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
(B) developing a regional transportation
improvement program for consideration by the
State;
(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
(D) providing technical assistance to local
officials;
(E) participating in national, multistate,
and State policy and planning development
processes to ensure the regional and local
input of nonmetropolitan areas;
(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations,
metropolitan planning organizations, and, where
appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to
support and enhance the statewide planning
process under subsection (d).
(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects
that may be of regional significance.
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) General Authority.--
(1) Recipient defined.--In this section, the term
``recipient'' means a designated recipient, State, or
local governmental authority that receives a grant
under this section directly from the Government.
[(1)] (2) Grants.--The Secretary may make grants
under this section for--
(A) capital projects;
(B) planning;
(C) job access and reverse commute projects;
and
(D) operating costs of equipment and
facilities for use in public transportation in
an urbanized area with a population of fewer
than 200,000 individuals, as determined by the
Bureau of the Census.
[(2)] (3) Special rule.--The Secretary may make
grants under this section to finance the operating cost
of equipment and facilities for use in public
transportation, excluding rail fixed guideway, in an
urbanized area with a population of not fewer than
200,000 individuals, as determined by the Bureau of the
Census--
(A) for public transportation systems that
operate 75 or fewer buses in fixed route
service or general public demand response
service during peak service hours, in an amount
not to exceed 75 percent of the share of the
apportionment which is attributable to such
systems within the urbanized area, as measured
by vehicle revenue hours; and
(B) for public transportation systems that
operate a minimum of 76 buses and a maximum of
100 buses in fixed route service or general
public demand response service during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment which
is attributable to such systems within the
urbanized area, as measured by vehicle revenue
hours.
(4) Exception to the special rule.--Notwithstanding
paragraph (3), if a public transportation system
described in such paragraph executes a written
agreement with 1 or more other public transportation
systems to allocate funds under this subsection, other
than by measuring vehicle revenue hours, each of the
public transportation systems to the agreement may
follow the terms of such agreement without regard to
the percentages or the measured vehicle revenue hours
referred to in such paragraph.
(b) Program of Projects.--Each recipient of a grant shall--
(1) make available to the public information on
amounts available to the recipient under this section;
(2) develop, in consultation with interested parties,
including private transportation providers, a proposed
program of projects for activities to be financed;
(3) publish a proposed program of projects in a way
that affected individuals, private transportation
providers, and local elected officials have the
opportunity to examine the proposed program and submit
comments on the proposed program and the performance of
the recipient;
(4) provide an opportunity for a public hearing in
which to obtain the views of individuals on the
proposed program of projects;
(5) ensure that the proposed program of projects
provides for the coordination of public transportation
services assisted under section 5336 of this title with
transportation services assisted from other United
States Government sources;
(6) consider comments and views received, especially
those of private transportation providers, in preparing
the final program of projects; and
(7) make the final program of projects available to
the public.
(c) Grant Recipient Requirements.--A recipient may receive a
grant in a fiscal year only if--
(1) the recipient, within the time the Secretary
prescribes, submits a final program of projects
prepared under subsection (b) of this section and a
certification for that fiscal year that the recipient
(including a person receiving amounts from a Governor
under this section)--
(A) has or will have the legal, financial,
and technical capacity to carry out the
program, including safety and security aspects
of the program;
(B) has or will have satisfactory continuing
control over the use of equipment and
facilities;
(C) will maintain equipment and facilities;
(D) will ensure that, during non-peak hours
for transportation using or involving a
facility or equipment of a project financed
under this section, a fare that is not more
than 50 percent of the peak hour fare will be
charged for any--
(i) senior;
(ii) individual who, because of
illness, injury, age, congenital
malfunction, or other incapacity or
temporary or permanent disability
(including an individual who is a
wheelchair user or has semiambulatory
capability), cannot use a public
transportation service or a public
transportation facility effectively
without special facilities, planning,
or design; and
(iii) individual presenting a
Medicare card issued to that individual
under title II or XVIII of the Social
Security Act (42 U.S.C. 401 et seq. and
1395 et seq.);
(E) in carrying out a procurement under this
section, will comply with sections 5323 and
5325;
(F) has complied with subsection (b) of this
section;
(G) has available and will provide the
required amounts as provided by subsection (d)
of this section;
(H) will comply with sections 5303 and 5304;
(I) has a locally developed process to
solicit and consider public comment before
raising a fare or carrying out a major
reduction of transportation;
(J)(i) will expend for each fiscal year for
public transportation security projects,
including increased lighting in or adjacent to
a public transportation system (including bus
stops, subway stations, parking lots, and
garages), increased camera surveillance of an
area in or adjacent to that system, providing
an emergency telephone line to contact law
enforcement or security personnel in an area in
or adjacent to that system, and any other
project intended to increase the security and
safety of an existing or planned public
transportation system, at least 1 percent of
the amount the recipient receives for each
fiscal year under section 5336 of this title;
or
(ii) has decided that the expenditure for
security projects is not necessary;
(K) in the case of a recipient for an
urbanized area with a population of not fewer
than 200,000 individuals, as determined by the
Bureau of the Census--
(i) will expend not less than [1
percent] one-half of 1 percent of the
amount the recipient receives each
fiscal year under this section for
associated transit improvements, as
defined in section 5302; and
(ii) will submit an annual report
listing projects carried out in the
preceding fiscal year with those funds;
and
(L) will comply with section 5329(d); and
(2) the Secretary accepts the certification.
(d) 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) Operating expenses.--A grant for operating
expenses under this section may not exceed 50 percent
of the net project cost of the project.
(3) Remaining costs.--Subject to paragraph (4), the
remainder of the net project costs shall be provided--
(A) in cash from non-Government sources other
than revenues from providing public
transportation services;
(B) from revenues from the sale of
advertising and concessions;
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital;
(D) from amounts appropriated or otherwise
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be
expended for transportation; and
(E) from amounts received under a service
agreement with a State or local social service
agency or private social service organization.
(4) Use of certain funds.--For purposes of
subparagraphs (D) and (E) of paragraph (3), the
prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the
Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall
not apply to Federal or State funds to be used for
transportation purposes.
(e) Undertaking Projects in Advance.--
(1) Payment.--The Secretary may pay the Government
share of the net project cost to a State or local
governmental authority that carries out any part of a
project eligible under subparagraph (A) or (B) of
subsection (a)(1) without the aid of amounts of the
Government and according to all applicable procedures
and requirements if--
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out any part of the
project, the Secretary approves the plans and
specifications for the part in the same way as
for other projects under this section.
(2) Approval of application.--The Secretary may
approve an application under paragraph (1) of this
subsection only if an authorization for this section is
in effect for the fiscal year to which the application
applies. The Secretary may not approve an application
if the payment will be more than--
(A) the recipient's expected apportionment
under section 5336 of this title if the total
amount authorized to be appropriated for the
fiscal year to carry out this section is
appropriated; less
(B) the maximum amount of the apportionment
that may be made available for projects for
operating expenses under this section.
(3) Financing costs.--
(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the recipient to the extent proceeds of the
bonds are expended in carrying out the part.
(B) Limitation on the amount of interest.--
The amount of interest allowed under this
paragraph may not be more than the most
favorable financing terms reasonably available
for the project at the time of borrowing.
(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
(f) Reviews, Audits, and Evaluations.--
(1) Annual review.--
(A) In general.--At least annually, the
Secretary shall carry out, or require a
recipient to have carried out independently,
reviews and audits the Secretary considers
appropriate to establish whether the recipient
has carried out--
(i) the activities proposed under
subsection (c) of this section in a
timely and effective way and can
continue to do so; and
(ii) those activities and its
certifications and has used amounts of
the Government in the way required by
law.
(B) Auditing procedures.--An audit of the use
of amounts of the Government shall comply with
the auditing procedures of the Comptroller
General.
(2) Triennial review.--At least once every 3 years,
the Secretary shall review and evaluate completely the
performance of a recipient in carrying out the
recipient's program, specifically referring to
compliance with statutory and administrative
requirements and the extent to which actual program
activities are consistent with the activities proposed
under subsection (c) of this section and the planning
process required under sections 5303, 5304, and 5305 of
this title. To the extent practicable, the Secretary
shall coordinate such reviews with any related State or
local reviews.
(3) Actions resulting from review, audit, or
evaluation.--The Secretary may take appropriate action
consistent with a review, audit, and evaluation under
this subsection, including making an appropriate
adjustment in the amount of a grant or withdrawing the
grant.
(g) Treatment.--For purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area, as
defined in section 5302.
(h) Passenger Ferry Grants.--
(1) In general.--The Secretary may make grants under
this subsection to recipients for passenger ferry
projects that are eligible for a grant under subsection
(a).
(2) Grant requirements.--Except as otherwise provided
in this subsection, a grant under this subsection shall
be subject to the same terms and conditions as a grant
under subsection (a).
(3) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible
projects on a competitive basis.
* * * * * * *
Sec. 5309. Fixed guideway capital investment grants
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Applicant.--The term ``applicant'' means a State
or local governmental authority that applies for a
grant under this section.
(2) Core capacity improvement project.--The term
``core capacity improvement project'' means a
substantial corridor-based capital investment in an
existing fixed guideway system that increases the
capacity of a corridor by not less than 10 percent. The
term does not include project elements designed to
maintain a state of good repair of the existing fixed
guideway system.
(3) Corridor-based bus rapid transit project.--The
term ``corridor-based bus rapid transit project'' means
a small start project utilizing buses in which the
project represents a substantial investment in a
defined corridor as demonstrated by features that
emulate the services provided by rail fixed guideway
public transportation systems, including defined
stations; traffic signal priority for public
transportation vehicles; short headway bidirectional
services for a substantial part of weekdays and weekend
days; and any other features the Secretary may
determine support a long-term corridor investment, but
the majority of which does not operate in a separated
right-of-way dedicated for public transportation use
during peak periods.
(4) Fixed guideway bus rapid transit project.--The
term ``fixed guideway bus rapid transit project'' means
a bus capital project--
(A) in which the majority of the project
operates in a separated right-of-way dedicated
for public transportation use during peak
periods;
(B) that represents a substantial investment
in a single route in a defined corridor or
subarea; and
(C) 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.
(5) New fixed guideway capital project.--The term
``new fixed guideway capital project'' means--
(A) a new fixed guideway project that is a
minimum operable segment or extension to an
existing fixed guideway system; or
(B) a fixed guideway bus rapid transit
project that is a minimum operable segment or
an extension to an existing bus rapid transit
system.
(6) Program of interrelated projects.--The term
``program of interrelated projects'' means the
simultaneous development of--
(A) 2 or more new fixed guideway capital
projects, small start projects, or core
capacity improvement projects; or
[(B) 1 or more new fixed guideway capital
projects and 1 or more core capacity
improvement projects.]
(B) 2 or more projects that are any
combination of new fixed guideway capital
projects, small start projects, and core
capacity improvement projects.
(7) Small start project.--The term ``small start
project'' means a new fixed guideway capital project or
corridor-based bus rapid transit project for which--
(A) the Federal assistance provided or to be
provided under this section is less than
$75,000,000; and
(B) the total estimated net capital cost is
less than $250,000,000.
(b) General Authority.--The Secretary may make grants under
this section to State and local governmental authorities to
assist in financing--
(1) 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 fixed guideway corridor development for
projects in the advanced stages of project development
or engineering; and
(2) 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 at least 10 percent. Core capacity
improvement projects do not include elements to improve
general station facilities or parking, or acquisition
of rolling stock alone.
(c) Grant Requirements.--
(1) In general.--The Secretary may make a grant under
this section for new fixed guideway capital projects,
small start projects, or core capacity improvement
projects, if the Secretary determines that--
(A) the project is part of an approved
transportation plan required under sections
5303 and 5304; and
(B) the applicant has, or will have--
(i) the legal, financial, and
technical capacity to carry out the
project, including the safety and
security aspects of the project;
(ii) satisfactory continuing control
over the use of the equipment or
facilities; and
(iii) the technical and financial
capacity to maintain new and existing
equipment and facilities.
(2) Certification.--An applicant that has submitted
the certifications required under subparagraphs (A),
(B), (C), and (H) of section 5307(c)(1) shall be deemed
to have provided sufficient information upon which the
Secretary may make the determinations required under
this subsection.
(3) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for
applicants that have recently and successfully
completed at least 1 new fixed guideway capital
project, or core capacity improvement project, if--
(A) the applicant achieved budget, cost, and
ridership outcomes for the project that are
consistent with or better than projections; and
(B) the applicant demonstrates that the
applicant continues to have the staff expertise
and other resources necessary to implement a
new project.
(4) Recipient requirements.--A recipient of a grant
awarded under this section shall be subject to all
terms, conditions, requirements, and provisions that
the Secretary determines to be necessary or appropriate
for purposes of this section.
(d) New Fixed Guideway Grants.--
(1) Project development phase.--
(A) Entrance into project development
phase.--A new fixed guideway capital project
shall enter into the project development phase
when--
(i) the applicant--
(I) submits a letter to the
Secretary describing the
project and requesting entry
into the project development
phase; and
(II) initiates activities
required to be carried out
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
and
(ii) the Secretary--
(I) responds in writing to
the applicant within 45 days
whether the information
provided is sufficient to enter
into the project development
phase, including, when
necessary, a detailed
description of any information
deemed insufficient; and
(II) provides concurrent
notice to the Committee on
Banking, Housing, and Urban
Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the
new fixed guideway capital
project is entering the project
development phase.
(B) Activities during project development
phase.--Concurrent with the analysis required
to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
each applicant shall develop sufficient
information to enable the Secretary to make
findings of project justification, policies and
land use patterns that promote public
transportation, and local financial commitment
under this subsection.
(C) Completion of project development
activities required.--
(i) In general.--Not later than 2
years after the date on which a project
enters into the project development
phase, the applicant shall complete the
activities required to obtain a project
rating under subsection (g)(2) and
submit completed documentation to the
Secretary.
(ii) Extension of time.--Upon the
request of an applicant, the Secretary
may extend the time period under clause
(i), if the applicant submits to the
Secretary--
(I) a reasonable plan for
completing the activities
required under this paragraph;
and
(II) an estimated time period
within which the applicant will
complete such activities.
(2) Engineering phase.--
(A) In general.--A new fixed guideway capital
project may advance to the engineering phase
upon completion of activities required under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project,
a finding that the project has no significant
impact, or a determination that the project is
categorically excluded, only if the Secretary
determines that the project--
(i) is selected as the locally
preferred alternative at the completion
of the process required under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(ii) is adopted into the metropolitan
transportation plan required under
section 5303;
(iii) is justified based on a
comprehensive review of the project's
mobility improvements, the project's
environmental benefits, congestion
relief associated with the project,
economic development effects associated
with the project, policies and land use
patterns of the project that support
public transportation, and the
project's cost- effectiveness as
measured by cost per rider;
(iv) is supported by policies and
land use patterns that promote public
transportation, including plans for
future land use and rezoning, and
economic development around public
transportation stations; and
(v) is supported by an acceptable
degree of local financial commitment
(including evidence of stable and
dependable financing sources), as
required under subsection (f).
(B) Determination that project is
justified.--In making a determination under
subparagraph (A)(iii), the Secretary shall
evaluate, analyze, and consider--
(i) the reliability of the
forecasting methods used to estimate
costs and utilization made by the
recipient and the contractors to the
recipient; and
(ii) population density and current
public transportation ridership in the
transportation corridor.
(e) Core Capacity Improvement Projects.--
(1) Project development phase.--
(A) Entrance into project development
phase.--A core capacity improvement project
shall be deemed to have entered into the
project development phase if--
(i) the applicant--
(I) submits a letter to the
Secretary describing the
project and requesting entry
into the project development
phase; and
(II) initiates activities
required to be carried out
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
and
(ii) the Secretary--
(I) responds in writing to
the applicant within 45 days
whether the information
provided is sufficient to enter
into the project development
phase, including when necessary
a detailed description of any
information deemed
insufficient; and
(II) provides concurrent
notice to the Committee on
Banking, Housing, and Urban
Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the
core capacity improvement
project is entering the project
development phase.
(B) Activities during project development
phase.--Concurrent with the analysis required
to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
each applicant shall develop sufficient
information to enable the Secretary to make
findings of project justification and local
financial commitment under this subsection.
(C) Completion of project development
activities required.--
(i) In general.--Not later than 2
years after the date on which a project
enters into the project development
phase, the applicant shall complete the
activities required to obtain a project
rating under subsection (g)(2) and
submit completed documentation to the
Secretary.
(ii) Extension of time.--Upon the
request of an applicant, the Secretary
may extend the time period under clause
(i), if the applicant submits to the
Secretary--
(I) a reasonable plan for
completing the activities
required under this paragraph;
and
(II) an estimated time period
within which the applicant will
complete such activities.
(2) Engineering phase.--
(A) In general.--A core capacity improvement
project may advance into the engineering phase
upon completion of activities required under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project,
a finding that the project has no significant
impact, or a determination that the project is
categorically excluded, only if the Secretary
determines that the project--
(i) is selected as the locally
preferred alternative at the completion
of the process required under the
National Environmental Policy Act of
1969;
(ii) is adopted into the metropolitan
transportation plan required under
section 5303;
(iii) is in a corridor that is--
(I) at or over capacity; or
(II) projected to be at or
over capacity within the next 5
years;
(iv) is justified based on a
comprehensive review of the project's
mobility improvements, the project's
environmental benefits, congestion
relief associated with the project,
economic development effects associated
with the project, the capacity needs of
the corridor, and the project's cost-
effectiveness as measured by cost per
rider; and
(v) is supported by an acceptable
degree of local financial commitment
(including evidence of stable and
dependable financing sources), as
required under subsection (f).
(B) Determination that project is
justified.--In making a determination under
subparagraph (A)(iv), the Secretary shall
evaluate, analyze, and consider--
(i) the reliability of the
forecasting methods used to estimate
costs and utilization made by the
recipient and the contractors to the
recipient;
(ii) whether the project will
increase capacity at least 10 percent
in a corridor;
(iii) whether the project will
improve interconnectivity among
existing systems; and
(iv) whether the project will improve
environmental outcomes.
(f) Financing Sources.--
(1) Requirements.--In determining whether a project
is supported by an acceptable degree of local financial
commitment and shows evidence of stable and dependable
financing sources for purposes of subsection
(d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall
require that--
(A) the proposed project plan provides for
the availability of contingency amounts that
the Secretary determines to be reasonable to
cover unanticipated cost increases or funding
shortfalls;
(B) each proposed local source of capital and
operating financing is stable, reliable, and
available within the proposed project
timetable; and
(C) local resources are available to
recapitalize, maintain, and operate the overall
existing and proposed public transportation
system, including essential feeder bus and
other services necessary to achieve the
projected ridership levels without requiring a
reduction in existing public transportation
services or level of service to operate the
project.
(2) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
local financing for purposes of subsection (d)(2)(A)(v)
or (e)(2)(A)(v), the Secretary shall consider--
(A) the reliability of the forecasting
methods used to estimate costs and revenues
made by the recipient and the contractors to
the recipient;
(B) existing grant commitments;
(C) the degree to which financing sources are
dedicated to the proposed purposes;
(D) any debt obligation that exists, or is
proposed by the recipient, for the proposed
project or other public transportation purpose;
(E) the extent to which the project has a
local financial commitment that exceeds the
required non-Government share of the cost of
the project; and
(F) private contributions to the project,
including cost-effective project delivery,
management or transfer of project risks,
expedited project schedule, financial
partnering, and other public-private
partnership strategies.
(g) Project Advancement and Ratings.--
(1) Project advancement.--A new fixed guideway
capital project or core capacity improvement project
proposed to be carried out using a grant under this
section may not advance from the project development
phase to the engineering phase, or from the engineering
phase to the construction phase, unless the Secretary
determines that--
(A) the project meets the applicable
requirements under this section; and
(B) there is a reasonable likelihood that the
project will continue to meet the requirements
under this section.
(2) Ratings.--
(A) Overall rating.--In making a
determination under paragraph (1), the
Secretary shall evaluate and rate a project as
a whole on a 5-point scale (high, medium-high,
medium, medium-low, or low) based on--
(i) in the case of a new fixed
guideway capital project, the project
justification criteria under subsection
(d)(2)(A)(iii), the policies and land
use patterns that support public
transportation, and the degree of local
financial commitment; and
(ii) in the case of a core capacity
improvement project, the capacity needs
of the corridor, the project
justification criteria under subsection
(e)(2)(A)(iv), and the degree of local
financial commitment.
(B) Individual ratings for each criterion.--
In rating a project under this paragraph, the
Secretary shall--
(i) provide, in addition to the
overall project rating under
subparagraph (A), individual ratings
for each of the criteria established
under subsection (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable; and
(ii) give comparable, but not
necessarily equal, numerical weight to
each of the criteria established under
subsections (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable, in
calculating the overall project rating
under clause (i).
(C) Medium rating not required.--The
Secretary shall not require that any single
project justification criterion meet or exceed
a ``medium'' rating in order to advance the
project from one phase to another.
(3) Warrants.--The Secretary shall, to the maximum
extent practicable, develop and use special warrants
for making a project justification determination under
subsection (d)(2) or (e)(2), as applicable, for a
project proposed to be funded using a grant under this
section, if--
(A) the share of the cost of the project to
be provided under this section does not
exceed--
(i) $100,000,000; or
(ii) 50 percent of the total cost of
the project;
(B) the applicant requests the use of the
warrants;
(C) the applicant certifies that its existing
public transportation system is in a state of
good repair; and
(D) the applicant meets any other
requirements that the Secretary considers
appropriate to carry out this subsection.
(4) Letters of intent and early systems work
agreements.--In order to expedite a project under this
subsection, the Secretary shall, to the maximum extent
practicable, issue letters of intent and enter into
early systems work agreements upon issuance of a record
of decision for projects that receive an overall
project rating of medium or better.
(5) Policy guidance.--The Secretary shall issue
policy guidance regarding the review and evaluation
process and criteria--
(A) not later than 180 days after the date of
enactment of the Federal Public Transportation
Act of 2012; and
(B) each time the Secretary makes significant
changes to the process and criteria, but not
less frequently than once every 2 years.
(6) Rules.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of
2012, the Secretary shall issue rules establishing an
evaluation and rating process for--
(A) new fixed guideway capital projects that
is based on the results of project
justification, policies and land use patterns
that promote public transportation, and local
financial commitment, as required under this
subsection; and
(B) core capacity improvement projects that
is based on the results of the capacity needs
of the corridor, project justification, and
local financial commitment.
(7) Applicability.--This subsection shall not apply
to a project for which the Secretary issued a letter of
intent, entered into a full funding grant agreement, or
entered into a project construction agreement before
the date of enactment of the Federal Public
Transportation Act of 2012.
(h) Small Start Projects.--
(1) In general.--A small start project shall be
subject to the requirements of this subsection.
(2) Project development phase.--
(A) Entrance into project development
phase.--A new small starts project shall enter
into the project development phase when--
(i) the applicant--
(I) submits a letter to the
Secretary describing the
project and requesting entry
into the project development
phase; and
(II) initiates activities
required to be carried out
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
and
(ii) the Secretary--
(I) responds in writing to
the applicant within 45 days
whether the information
provided is sufficient to enter
into the project development
phase, including, when
necessary, a detailed
description of any information
deemed insufficient; and
(II) provides concurrent
notice to the Committee on
Banking, Housing, and Urban
Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the
small starts project is
entering the project
development phase.
(B) Activities during project development
phase.--Concurrent with the analysis required
to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
each applicant shall develop sufficient
information to enable the Secretary to make
findings of project justification, policies and
land use patterns that promote public
transportation, and local financial commitment
under this subsection.
(3) Selection criteria.--The Secretary may provide
Federal assistance for a small start project under this
subsection only if the Secretary determines that the
project--
(A) has been adopted as the locally preferred
alternative as part of the metropolitan
transportation plan required under section
5303;
(B) is based on the results of an analysis of
the benefits of the project as set forth in
paragraph (4); and
(C) is supported by an acceptable degree of
local financial commitment.
(4) Evaluation of benefits and Federal investment.--
In making a determination for a small start project
under paragraph (3)(B), the Secretary shall analyze,
evaluate, and consider the following evaluation
criteria for the project (as compared to a no-action
alternative): mobility improvements, environmental
benefits, congestion relief, economic development
effects associated with the project, policies and land
use patterns that support public transportation and
cost-effectiveness as measured by cost per rider.
(5) Evaluation of local financial commitment.--For
purposes of paragraph (3)(C), the Secretary shall
require that each proposed local source of capital and
operating financing is stable, reliable, and available
within the proposed project timetable.
(6) Ratings.--[In carrying out]
(A) In general._In carrying out paragraphs
(4) and (5) for a small start project, the
Secretary shall evaluate and rate the project
on a 5-point scale (high, medium-high, medium,
medium-low, or low) based on an evaluation of
the benefits of the project as compared to the
Federal assistance to be provided and the
degree of local financial commitment, as
required under this subsection. In rating the
projects, the Secretary shall provide, in
addition to the overall project rating,
individual ratings for each of the criteria
established by this subsection and shall give
comparable, but not necessarily equal,
numerical weight to the benefits that the
project will bring to the community in
calculating the overall project rating.
(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.).
(7) Grants and expedited grant agreements.--
(A) In general.--The Secretary, to the
maximum extent practicable, shall provide
Federal assistance under this subsection 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.
(B) Terms of expedited grant agreements.--In
executing an expedited grant agreement under
this subsection, the Secretary may include in
the agreement terms similar to those
established under subsection (k)(2).
(C) Notice of proposed grants and expedited
grant agreements.--At least 10 days before
making a grant award or entering into a grant
agreement for a project under this subsection,
the Secretary shall notify, in writing, the
Committee on Transportation and Infrastructure
and the Committee on Appropriations of the
House of Representatives and the Committee on
Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate of
the proposed grant or expedited grant
agreement, as well as the evaluations and
ratings for the project.
(i) Programs of Interrelated Projects.--
(1) Project development phase.--A federally funded
project in a program of interrelated projects shall
advance through project development as provided in
[subsection (d) or (e)] subsection (d), (e), or (h), as
applicable.
(2) Engineering phase.--A federally funded new fixed
guideway capital project or core capacity improvement
project in a program of interrelated projects may
advance into the engineering phase upon completion of
activities required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), as
demonstrated by a record of decision with respect to
the project, a finding that the project has no
significant impact, or a determination that the project
is categorically excluded, only if the Secretary
determines that--
(A) the project is selected as the locally
preferred alternative at the completion of the
process required under the National
Environmental Policy Act of 1969;
(B) the project is adopted into the
metropolitan transportation plan required under
section 5303;
(C) the program of interrelated projects
involves projects that have a logical
connectivity to one another;
[(D) the program of interrelated projects,
when evaluated as a whole, meets the
requirements of subsection (d)(2) or (e)(2), as
applicable;]
(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 projects, small start
projects, and core capacity improvement
projects.
(E) the program of interrelated projects is
supported by a program implementation plan
demonstrating that construction will begin on
each of the projects in the program of
interrelated projects within a reasonable time
frame; and
(F) the program of interrelated projects is
supported by an acceptable degree of local
financial commitment, as described in
subsection (f).
(3) Project advancement and ratings.--
[(A) Project advancement.--A project
receiving a grant under this section that is
part of a program of interrelated projects may
not advance 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.]
(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.
(B) Ratings.--
(i) Overall rating.--In making a
determination under subparagraph (A),
the Secretary shall evaluate and rate a
program of interrelated projects on a
5-point scale (high, medium-high,
medium, medium-low, or low) based on
the criteria described in paragraph
(2).
(ii) Individual rating for each
criterion.--In rating a program of
interrelated projects, the Secretary
shall provide, in addition to the
overall program rating, individual
ratings for each of the criteria
described in paragraph (2) and shall
give comparable, but not necessarily
equal, numerical weight to each such
criterion in calculating the overall
program rating.
(iii) Medium rating not required.--
The Secretary shall not require that
any single criterion described in
paragraph (2) meet or exceed a
``medium'' rating in order to advance
the program of interrelated projects
from one phase to another.
(4) Annual review.--
(A) Review required.--The Secretary shall
annually review the program implementation plan
required under paragraph (2)(E) to determine
whether the program of interrelated projects is
adhering to its schedule.
(B) Extension of time.--If a program of
interrelated projects is not adhering to its
schedule, the Secretary may, upon the request
of the applicant, grant an extension of time if
the applicant submits a reasonable plan that
includes--
(i) evidence of continued adequate
funding; and
(ii) an estimated time frame for
completing the program of interrelated
projects.
(C) Satisfactory progress required.--If the
Secretary determines that a program of
interrelated projects is not making
satisfactory progress, no Federal funds shall
be provided for a project within the program of
interrelated projects.
(5) Failure to carry out program of interrelated
projects.--
(A) Repayment required.--If an applicant does
not carry out the program of interrelated
projects within a reasonable time, for reasons
within the control of the applicant, the
applicant shall repay all Federal funds
provided for the program, and any reasonable
interest and penalty charges that the Secretary
may establish.
(B) Crediting of funds received.--Any funds
received by the Government under this
paragraph, other than interest and penalty
charges, shall be credited to the appropriation
account from which the funds were originally
derived.
(6) Non-Federal funds.--Any non-Federal funds
committed to a project in a program of interrelated
projects may be used to meet a non-Government share
requirement for any other project in the program of
interrelated projects, if the Government share of the
cost of each project within the program of interrelated
projects does not exceed 80 percent.
(7) Priority.--In making grants under this section,
the Secretary may give priority to programs of
interrelated projects for which the non-Government
share of the cost of the projects included in the
programs of interrelated projects exceeds the non-
Government share required under subsection (l).
(8) Non-government projects.--Including a project not
financed by the Government in a program of interrelated
projects does not impose Government requirements that
would not otherwise apply to the project.
(j) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (d) and (e) shall not apply to projects
for which the Secretary has issued a letter of intent, approved
entry into final design, entered into a full funding grant
agreement, or entered into a project construction grant
agreement before the date of enactment of the Federal Public
Transportation Act of 2012.
(k) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
(1) Letters of intent.--
(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an
applicant announcing an intention to obligate,
for a new fixed guideway capital project or
core capacity improvement project, 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.
When a letter is issued for a capital project
under this section, the amount shall be
sufficient to complete at least an operable
segment.
(B) Treatment.--The issuance of a letter
under subparagraph (A) is deemed not to be an
obligation under sections 1108(c), 1501, and
1502(a) of title 31 or an administrative
commitment.
(2) Full funding grant agreements.--
(A) In general.--A new fixed guideway capital
project or core capacity improvement project
shall be carried out through a full funding
grant agreement.
(B) Criteria.--The Secretary shall enter into
a full funding grant agreement, based on the
evaluations and ratings required under
subsection (d), (e), or (i), as applicable,
with each grantee receiving assistance for a
new fixed guideway capital project or core
capacity improvement project that has been
rated as high, medium-high, or medium, in
accordance with subsection (g)(2)(A) or
(i)(3)(B), as applicable.
(C) Terms.--A full funding grant agreement
shall--
(i) establish the terms of
participation by the Government in a
new fixed guideway capital project or
core capacity improvement project;
(ii) establish the maximum amount of
Federal financial assistance for the
project;
(iii) include the period of time for
completing the project, even if that
period extends beyond the period of an
authorization; and
(iv) make timely and efficient
management of the project easier
according to the law of the United
States.
(D) Special financial rules.--
(i) In general.--A full funding grant
agreement under this paragraph
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
paragraph, to obligate an additional
amount from future available budget
authority specified in law.
(ii) Statement of contingent
commitment.--The agreement shall state
that the contingent commitment is not
an obligation of the Government.
(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out a
part of the project within a reasonable
time are a cost of carrying out the
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 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 paragraph for a
new fixed guideway capital project
shall be sufficient to complete at
least an operable segment.
(E) Before and after study.--
(i) In general.--A full funding grant
agreement under this paragraph shall
require the applicant to conduct a
study that--
(I) describes and analyzes
the impacts of the new fixed
guideway capital project or
core capacity improvement
project on public
transportation services and
public transportation
ridership;
(II) evaluates the
consistency of predicted and
actual project characteristics
and performance; and
(III) identifies reasons for
differences between predicted
and actual outcomes.
(ii) Information collection and
analysis plan.--
(I) Submission of plan.--
Applicants seeking a full
funding grant agreement under
this paragraph shall submit a
complete plan for the
collection and analysis of
information to identify the
impacts of the new fixed
guideway capital project or
core capacity improvement
project and the accuracy of the
forecasts prepared during the
development of the project.
Preparation of this plan shall
be included in the full funding
grant agreement as an eligible
activity.
(II) Contents of plan.--The
plan submitted under subclause
(I) shall provide for--
(aa) collection of
data on the current
public transportation
system regarding public
transportation service
levels and ridership
patterns, including
origins and
destinations, access
modes, trip purposes,
and rider
characteristics;
(bb) documentation of
the predicted scope,
service levels, capital
costs, operating costs,
and ridership of the
project;
(cc) collection of
data on the public
transportation system 2
years after the opening
of a new fixed guideway
capital project or core
capacity improvement
project, including
analogous information
on public
transportation service
levels and ridership
patterns and
information on the as-
built scope, capital,
and financing costs of
the project; and
(dd) analysis of the
consistency of
predicted project
characteristics with
actual outcomes.
(F) Collection of data on current system.--To
be eligible for a full funding grant agreement
under this paragraph, recipients shall have
collected data on the current system, according
to the plan required under subparagraph
(E)(ii), before the beginning of construction
of the proposed new fixed guideway capital
project or core capacity improvement project.
Collection of this data shall be included in
the full funding grant agreement as an eligible
activity.
(3) Early systems work agreements.--
(A) Conditions.--The Secretary may enter into
an early systems work agreement with an
applicant if a record of decision under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been issued on the
project and the Secretary finds there is reason
to believe--
(i) a full funding grant agreement
for the project will be made; and
(ii) the terms of the work agreement
will promote ultimate completion of the
project more rapidly and at less cost.
(B) Contents.--
(i) In general.--An early systems
work agreement under this paragraph
obligates budget authority available
under this chapter and title 23 and
shall provide for reimbursement of
preliminary costs of carrying out the
project, including land acquisition,
timely procurement of system elements
for which specifications are decided,
and other activities the Secretary
decides are appropriate to make
efficient, long-term project management
easier.
(ii) Contingent commitment.--An early
systems work agreement may include a
commitment, contingent on amounts to be
specified in law in advance for
commitments under this paragraph, to
obligate an additional amount from
future available budget authority
specified in law.
(iii) Period covered.--An early
systems work agreement under this
paragraph shall cover the period of
time the Secretary considers
appropriate. The period may extend
beyond the period of current
authorization.
(iv) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out the
early systems work agreement within a
reasonable time are a cost of carrying
out the agreement, except that eligible
costs may not be more than the cost of
the most favorable financing terms
reasonably available for the 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.
(v) Failure to carry out project.--If
an applicant does not carry out the
project for reasons within the control
of the applicant, the applicant shall
repay all Federal grant funds awarded
for the project from all Federal
funding sources, for all project
activities, facilities, and equipment,
plus reasonable interest and penalty
charges allowable by law or established
by the Secretary in the early systems
work agreement.
(vi) Crediting of funds received.--
Any funds received by the Government
under this paragraph, other than
interest and penalty charges, shall be
credited to the appropriation account
from which the funds were originally
derived.
(4) Limitation on amounts.--
(A) In general.--The Secretary may enter into
full funding grant agreements under this
subsection for new fixed guideway capital
projects and core capacity improvement projects
that contain contingent commitments to incur
obligations in such amounts as the Secretary
determines are appropriate.
(B) Appropriation required.--An obligation
may be made under this subsection only when
amounts are appropriated for the obligation.
(5) Notification to Congress.--At least 30 days
before issuing a letter of intent, entering into a full
funding grant agreement, or entering into an early
systems work agreement under this section, 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 or agreement. The Secretary shall
include with the notification a copy of the proposed
letter or agreement as well as the evaluations and
ratings for the project.
(l) Government Share of Net Capital Project Cost.--
[(1) In general.--Based on engineering studies,
studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary
shall estimate the net capital project cost. A grant
for a fixed guideway project or small start project
shall not exceed 80 percent of the net capital project
cost. A grant for a core capacity project shall not
exceed 80 percent of the net capital project cost of
the incremental cost of increasing the capacity in the
corridor.]
(1) In general.--Based on engineering studies,
studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary
shall estimate the net capital project cost. A grant
for a new fixed guideway project shall not exceed 50
percent of the net capital project cost. A grant for a
core capacity project shall not exceed 80 percent of
the net capital project cost of the incremental cost of
increasing the capacity in the corridor. A grant for a
small start project shall not exceed 80 percent.
(2) Adjustment for completion under budget.--The
Secretary may adjust the final net capital project cost
of a new fixed guideway capital project or core
capacity improvement project evaluated under subsection
(d), (e), or (i) to include the cost of eligible
activities not included in the originally defined
project if the Secretary determines that the originally
defined project has been completed at a cost that is
significantly below the original estimate.
(3) Maximum government share.--The Secretary may
provide a higher grant percentage than requested by the
grant recipient if--
(A) the Secretary determines that the net
capital project cost of the project is not more
than 10 percent higher than the net capital
project cost estimated at the time the project
was approved for advancement into the
engineering phase; and
(B) the ridership estimated for the project
is not less than 90 percent of the ridership
estimated for the project at the time the
project was approved for advancement into the
engineering phase.
[(4) 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.]
(4) Remaining costs.--The remainder of the net
project costs shall be provided--
(A) in cash from non-Government sources other
than revenues from providing public
transportation services;
(B) from revenues from the sale of
advertising and concessions;
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital; or
(D) from amounts appropriated or otherwise
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
(5) Limitation on statutory construction.--Nothing in
this section shall be construed as authorizing the
Secretary to require a non-Federal financial commitment
for a project that is more than 20 percent of the net
capital project cost.
(6) Special rule for rolling stock costs.--In
addition to amounts allowed pursuant to paragraph (1),
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 Government
were used and that the purchase was made for use on the
extension. A refund or reduction of the remainder may
be made only if a refund of a proportional amount of
the grant of the Government is made at the same time.
(7) Limitation on applicability.--This subsection
shall not apply to projects for which the Secretary
entered into a full funding grant agreement before the
date of enactment of the Federal Public Transportation
Act of 2012.
(8) Special rule for fixed guideway bus rapid transit
projects.--For up to three fixed-guideway bus rapid
transit projects each fiscal year the Secretary shall--
(A) establish a Government share of at least
80 percent; and
(B) not lower the project's rating for degree
of local financial commitment for purposes of
subsections (d)(2)(A)(v) or (h)(3)(C) as a
result of the Government share specified in
this paragraph.
(m) Undertaking Projects in Advance.--
(1) In general.--The Secretary may pay the Government
share of the net capital project cost to a State or
local governmental authority that carries out any part
of a project described in this section without the aid
of amounts of the Government and according to all
applicable procedures and requirements if--
(A) the State or local governmental authority
applies for the payment;
(B) the Secretary approves the payment; and
(C) before the State or local governmental
authority carries out the part of the project,
the Secretary approves the plans and
specifications for the part in the same way as
other projects under this section.
(2) Financing costs.--
(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the State or local governmental authority to
the extent proceeds of the bonds are expended
in carrying out the part.
(B) Limitation on amount of interest.--The
amount of interest under this paragraph may not
be more than the most favorable interest terms
reasonably available for the project at the
time of borrowing.
(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
[(n) Availability of Amounts.--
[(1) In general.--An amount made available or
appropriated for a new fixed guideway capital project
or core capacity improvement project shall remain
available to that project for 5 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 5-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.]
[(o)] (n) Reports on New Fixed Guideway and Core Capacity
Improvement Projects.--
(1) Annual report on funding recommendations.--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) a proposal of allocations of amounts to
be available to finance grants for projects
under this section among applicants for these
amounts;
(B) evaluations and ratings, as required
under subsections (d), (e), and (i), for each
such project that is in project development,
engineering, or has received a full funding
grant agreement; and
(C) recommendations of such projects for
funding based on the evaluations and ratings
and on existing commitments and anticipated
funding levels for the next 3 fiscal years
based on information currently available to the
Secretary.
(2) Reports on before and after studies.--Not later
than the first Monday in August of each year, the
Secretary shall submit to the committees described in
paragraph (1) a report containing a summary of the
results of any studies conducted under subsection
(k)(2)(E).
(3) Biennial GAO review.--The Comptroller General of
the United States shall--
(A) conduct a biennial review of--
(i) the processes and procedures for
evaluating, rating, and recommending
new fixed guideway capital projects and
core capacity improvement projects; and
(ii) the Secretary's implementation
of such processes and procedures; and
(B) report to Congress on the results of such
review by May 31 of each year.
(o) Special Rule.--For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e),
the Secretary shall not reduce or eliminate the capital costs
of art and landscaping elements from the annualized capital
cost calculation.
Sec. 5310. Formula grants for the enhanced mobility of seniors and
individuals with disabilities
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Recipient.--The term ``recipient'' means a
designated recipient or a State that receives a grant
under this section directly.
(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, a private
nonprofit organization, or an operator of public
transportation that receives a grant under this section
indirectly through a recipient.
(b) General Authority.--
(1) Grants.--The Secretary may make grants under this
section to recipients for--
(A) public transportation projects planned,
designed, and carried out to meet the special
needs of seniors and individuals with
disabilities when public transportation is
insufficient, inappropriate, or unavailable;
(B) public transportation projects that
exceed the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.);
(C) public transportation projects that
improve access to fixed route service and
decrease reliance by individuals with
disabilities on complementary paratransit; and
(D) alternatives to public transportation
that assist seniors and individuals with
disabilities with transportation.
(2) Limitations for capital projects.--
(A) Amount available.--The amount available
for capital projects under paragraph (1)(A)
shall be not less than 55 percent of the funds
apportioned to the recipient under this
section.
(B) Allocation to subrecipients.--A recipient
of a grant under paragraph (1)(A) may allocate
the amounts provided under the grant to--
(i) a private nonprofit organization;
or
(ii) a State or local governmental
authority that--
(I) is approved by a State to
coordinate services for seniors
and individuals with
disabilities; or
(II) certifies that there are
no private nonprofit
organizations readily available
in the area to provide the
services described in paragraph
(1)(A).
(3) Administrative expenses.--A recipient may use not
more than 10 percent of the amounts apportioned to the
recipient under this section to administer, plan, and
provide technical assistance for a project funded under
this section.
(4) Eligible capital expenses.--The acquisition of
public transportation services is an eligible capital
expense under this section.
(5) Coordination.--
(A) Department of Transportation.--To the
maximum extent feasible, the Secretary shall
coordinate activities under this section with
related activities under other Federal
departments and agencies.
(B) Other Federal agencies and nonprofit
organizations.--A State or local governmental
authority or nonprofit organization that
receives assistance from Government sources
(other than the Department of Transportation)
for nonemergency transportation services
shall--
(i) participate and coordinate with
recipients of assistance under this
chapter in the design and delivery of
transportation services; and
(ii) participate in the planning for
the transportation services described
in clause (i).
(6) Program of projects.--
(A) In general.--Amounts made available to
carry out this section may be used for
transportation projects to assist in providing
transportation services for seniors and
individuals with disabilities, if such
transportation projects are included in a
program of projects.
(B) Submission.--A recipient shall annually
submit a program of projects to the Secretary.
(C) Assurance.--The program of projects
submitted under subparagraph (B) shall contain
an assurance that the program provides for the
maximum feasible coordination of transportation
services assisted under this section with
transportation services assisted by other
Government sources.
(7) Meal delivery for homebound individuals.--A
public transportation service provider that receives
assistance under this section or section 5311(c) may
coordinate and assist in regularly providing meal
delivery service for homebound individuals, if the
delivery service does not conflict with providing
public transportation service or reduce service to
public transportation passengers.
(c) Apportionment and Transfers.--
(1) Formula.--The Secretary shall apportion amounts
made available to carry out this section as follows:
(A) Large urbanized areas.--Sixty percent of
the funds shall be apportioned among designated
recipients for urbanized areas with a
population of 200,000 or more individuals, as
determined by the Bureau of the Census, in the
ratio that--
(i) the number of seniors and
individuals with disabilities in each
such urbanized area; bears to
(ii) the number of seniors and
individuals with disabilities in all
such urbanized areas.
(B) Small urbanized areas.--Twenty percent of
the funds shall be apportioned among the States
in the ratio that--
(i) the number of seniors and
individuals with disabilities in
urbanized areas with a population of
fewer than 200,000 individuals, as
determined by the Bureau of the Census,
in each State; bears to
(ii) the number of seniors and
individuals with disabilities in
urbanized areas with a population of
fewer than 200,000 individuals, as
determined by the Bureau of the Census,
in all States.
(C) Rural areas.--Twenty percent of the funds
shall be apportioned among the States in the
ratio that--
(i) the number of seniors and
individuals with disabilities in rural
areas in each State; bears to
(ii) the number of seniors and
individuals with disabilities in rural
areas in all States.
(2) Areas served by projects.--
(A) In general.--Except as provided in
subparagraph (B)--
(i) funds apportioned under paragraph
(1)(A) shall be used for projects
serving urbanized areas with a
population of 200,000 or more
individuals, as determined by the
Bureau of the Census;
(ii) funds apportioned under
paragraph (1)(B) shall be used for
projects serving urbanized areas with a
population of fewer than 200,000
individuals, as determined by the
Bureau of the Census; and
(iii) funds apportioned under
paragraph (1)(C) shall be used for
projects serving rural areas.
(B) Exceptions.--A State may use funds
apportioned to the State under subparagraph (B)
or (C) of paragraph (1)--
(i) for a project serving an area
other than an area specified in
subparagraph (A)(ii) or (A)(iii), as
the case may be, if the Governor of the
State certifies that all of the
objectives of this section are being
met in the area specified in
subparagraph (A)(ii) or (A)(iii); or
(ii) for a project anywhere in the
State, if the State has established a
statewide program for meeting the
objectives of this section.
(C) Limited to eligible projects.--Any funds
transferred pursuant to subparagraph (B) shall
be made available only for eligible projects
selected under this section.
(D) Consultation.--A recipient may transfer
an amount under subparagraph (B) only after
consulting with responsible local officials,
publicly owned operators of public
transportation, and nonprofit providers in the
area for which the amount was originally
apportioned.
(d) Government Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section shall be in an amount equal to 80
percent of the net capital costs of the project, as
determined by the Secretary.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed an
amount equal to 50 percent of the net operating costs
of the project, as determined by the Secretary.
(3) Remainder of net costs.--The remainder of the net
costs of a project carried out under this section--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
(B) may be derived from amounts appropriated
or otherwise made available--
(i) to a department or agency of the
Government (other than the Department
of Transportation) that are eligible to
be expended for transportation; or
(ii) to carry out the Federal lands
highways program under section 204 of
title 23.
(4) Use of certain funds.--For purposes of paragraph
(3)(B)(i), the prohibition under section
403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) on the use of grant funds for
matching requirements shall not apply to Federal or
State funds to be used for transportation purposes.
(e) Grant Requirements.--
(1) In general.--A grant under this section shall be
subject to the same requirements as a grant under
section 5307, to the extent the Secretary determines
appropriate.
(2) Certification requirements.--
(A) Project selection and plan development.--
Before receiving a grant under this section,
each recipient shall certify that--
(i) the projects selected by the
recipient are included in a locally
developed, coordinated public transit-
human services transportation plan;
(ii) the plan described in clause (i)
was developed and approved through a
process that included participation by
seniors, individuals with disabilities,
representatives of public, private, and
nonprofit transportation and human
services providers, and other members
of the public; and
(iii) to the maximum extent feasible,
the services funded under this section
will be coordinated with transportation
services assisted by other Federal
departments and agencies, including any
transportation activities carried out
by a recipient of a grant from the
Department of Health and Human
Services.
(B) Allocations to subrecipients.--If a
recipient allocates funds received under this
section to subrecipients, the recipient shall
certify that the funds are allocated on a fair
and equitable basis.
(f) Competitive Process for Grants to Subrecipients.--
(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) may conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications
for grants under this section.
(2) Statewide solicitations.--A recipient of funds
apportioned under subparagraph (B) or (C) of subsection
(c)(1) may conduct a statewide solicitation for
applications for grants under this section.
(3) Application.--If the recipient elects to engage
in a competitive process, a recipient or subrecipient
seeking to receive a grant from funds apportioned under
subsection (c) shall submit to the recipient making the
election an application in such form and in accordance
with such requirements as the recipient making the
election shall establish.
(g) Transfers of Facilities and Equipment.--A recipient may
transfer a facility or equipment acquired using a grant under
this section to any other recipient eligible to receive
assistance under this chapter, if--
(1) the recipient in possession of the facility or
equipment consents to the transfer; and
(2) the facility or equipment will continue to be
used as required under this section.
(h) Performance Measures.--
(1) In general.--Not later than 1 year after the date
of enactment of the Federal Public Transportation Act
of 2012, the Secretary shall submit a report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives making
recommendations on the establishment of performance
measures for grants under this section. Such report
shall be developed in consultation with national
nonprofit organizations that provide technical
assistance and advocacy on issues related to
transportation services for seniors and individuals
with disabilities.
(2) Measures.--The performance measures to be
considered in the report under paragraph (1) shall
require the collection of quantitative and qualitative
information, as available, concerning--
(A) modifications to the geographic coverage
of transportation service, the quality of
transportation service, or service times that
increase the availability of transportation
services for seniors and individuals with
disabilities;
(B) ridership;
(C) accessibility improvements; and
(D) other measures, as the Secretary
determines is appropriate.
(i) Best Practices.--The Secretary shall collect from,
review, and disseminate to public transit agencies innovative
practices, program models, new service delivery options,
findings from activities under subsection (h), and transit
cooperative research program reports.
Sec. 5311. Formula grants for rural areas
(a) Definitions.--As used in this section, the following
definitions shall apply:
(1) Recipient.--The term ``recipient'' means a State
or Indian tribe that receives a Federal transit program
grant directly from the Government.
(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, a nonprofit
organization, or an operator of public transportation
or intercity bus service that receives Federal transit
program grant funds indirectly through a recipient.
(b) General Authority.--
(1) Grants authorized.--Except as provided by
paragraph (2), the Secretary may award grants under
this section to recipients located in rural areas for--
(A) planning, provided that a grant under
this section for planning activities shall be
in addition to funding awarded to a State under
section 5305 for planning activities that are
directed specifically at the needs of rural
areas in the State;
(B) public transportation capital projects;
(C) operating costs of equipment and
facilities for use in public transportation;
(D) job access and reverse commute projects;
and
(E) the acquisition of public transportation
services, including service agreements with
private providers of public transportation
service.
(2) State program.--
(A) In general.--A project eligible for a
grant under this section shall be included in a
State program for public transportation service
projects, including agreements with private
providers of public transportation service.
(B) Submission to Secretary.--Each State
shall submit to the Secretary annually the
program described in subparagraph (A).
(C) Approval.--The Secretary may not approve
the program unless the Secretary determines
that--
(i) the program provides a fair
distribution of amounts in the State,
including Indian reservations; and
(ii) the program provides the maximum
feasible coordination of public
transportation service assisted under
this section with transportation
service assisted by other Federal
sources.
(3) Rural transportation assistance program.--
(A) In general.--The Secretary shall carry
out a rural transportation assistance program
in rural areas.
(B) Grants and contracts.--In carrying out
this paragraph, the Secretary may use not more
than 2 percent of the amount made available
under section 5338(a)(2)(E) to make grants and
contracts for transportation research,
technical assistance, training, and related
support services in rural areas.
(C) Projects of a national scope.--Not more
than 15 percent of the amounts available under
subparagraph (B) may be used by the Secretary
to carry out competitively selected projects of
a national scope, with the remaining balance
provided to the States.
(4) Data collection.--Each recipient under this
section shall submit an annual report to the Secretary
containing information on capital investment,
operations, and service provided with funds received
under this section, including--
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related
facilities;
(F) vehicle revenue miles; and
(G) ridership.
(c) Apportionments.--
(1) Public transportation on Indian reservations.--Of
the amounts made available or appropriated for each
fiscal year pursuant to section 5338(a)(2)(E) to carry
out this paragraph, the following amounts shall be
apportioned each fiscal year for grants to Indian
tribes for any purpose eligible under this section,
under such terms and conditions as may be established
by the Secretary:
(A) $5,000,000 for each fiscal year ending
before October 1, 2015, and $396,175 for the
period beginning on October 1, 2015, and ending
on October 29, 2015, shall be distributed on a
competitive basis by the Secretary.
(B) $25,000,000 for each fiscal year ending
before October 1, 2015, and $1,980,874 for the
period beginning on October 1, 2015, and ending
on October 29, 2015, shall be apportioned as
formula grants, as provided in subsection (j).
(2) Appalachian development public transportation
assistance program.--
(A) Definitions.--In this paragraph--
(i) the term ``Appalachian region''
has the same meaning as in section
14102 of title 40; and
(ii) the term ``eligible recipient''
means a State that participates in a
program established under subtitle IV
of title 40.
(B) In general.--The Secretary shall carry
out a public transportation assistance program
in the Appalachian region.
(C) Apportionment.--Of amounts made available
or appropriated for each fiscal year under
section 5338(a)(2)(E) to carry out this
paragraph, the Secretary shall apportion funds
to eligible recipients for any purpose eligible
under this section, based on the guidelines
established under section 9.5(b) of the
Appalachian Regional Commission Code.
(D) Special rule.--An eligible recipient may
use amounts that cannot be used for operating
expenses under this paragraph for a highway
project if--
(i) that use is approved, in writing,
by the eligible recipient after
appropriate notice and an opportunity
for comment and appeal are provided to
affected public transportation
providers; and
(ii) the eligible recipient, in
approving the use of amounts under this
subparagraph, determines that the local
transit needs are being addressed.
(3) Remaining amounts.--
(A) In general.--The amounts made available
or appropriated for each fiscal year pursuant
to section 5338(a)(2)(E) that are not
apportioned under paragraph (1) or (2) shall be
apportioned in accordance with this paragraph.
(B) Apportionment based on land area and
population in nonurbanized areas.--
(i) In general.--83.15 percent of the
amount described in subparagraph (A)
shall be apportioned to the States in
accordance with this subparagraph.
(ii) Land area.--
(I) In general.--Subject to
subclause (II), each State
shall receive an amount that is
equal to 20 percent of the
amount apportioned under clause
(i), multiplied by the ratio of
the land area in rural areas in
that State and divided by the
land area in all rural areas in
the United States, as shown by
the most recent decennial
census of population.
(II) Maximum apportionment.--
No State shall receive more
than 5 percent of the amount
apportioned under subclause
(I).
(iii) Population.--Each State shall
receive an amount equal to 80 percent
of the amount apportioned under clause
(i), multiplied by the ratio of the
population of rural areas in that State
and divided by the population of all
rural areas in the United States, as
shown by the most recent decennial
census of population.
(C) Apportionment based on land area, vehicle
revenue miles, and low-income individuals in
nonurbanized areas.--
(i) In general.--16.85 percent of the
amount described in subparagraph (A)
shall be apportioned to the States in
accordance with this subparagraph.
(ii) Land area.--Subject to clause
(v), each State shall receive an amount
that is equal to 29.68 percent of the
amount apportioned under clause (i),
multiplied by the ratio of the land
area in rural areas in that State and
divided by the land area in all rural
areas in the United States, as shown by
the most recent decennial census of
population.
(iii) Vehicle revenue miles.--Subject
to clause (v), each State shall receive
an amount that is equal to 29.68
percent of the amount apportioned under
clause (i), multiplied by the ratio of
vehicle revenue miles in rural areas in
that State and divided by the vehicle
revenue miles in all rural areas in the
United States, as determined by
national transit database reporting.
(iv) Low-income individuals.--Each
State shall receive an amount that is
equal to 40.64 percent of the amount
apportioned under clause (i),
multiplied by the ratio of low-income
individuals in rural areas in that
State and divided by the number of low-
income individuals in all rural areas
in the United States, as shown by the
Bureau of the Census.
(v) Maximum apportionment.--No State
shall receive--
(I) more than 5 percent of
the amount apportioned under
clause (ii); or
(II) more than 5 percent of
the amount apportioned under
clause (iii).
(d) Use for Local Transportation Service.--A State may use an
amount apportioned under this section for a project included in
a program under subsection (b) of this section and eligible for
assistance under this chapter if the project will provide local
transportation service, as defined by the Secretary of
Transportation, in a rural area.
(e) Use for Administration, Planning, and Technical
Assistance.--The Secretary may allow a State to use not more
than 10 percent of the amount apportioned under this section to
administer this section and provide technical assistance to a
subrecipient, including project planning, program and
management development, coordination of public transportation
programs, and research the State considers appropriate to
promote effective delivery of public transportation to a rural
area.
(f) Intercity Bus Transportation.--
(1) In general.--A State shall expend at least 15
percent of the amount made available in each fiscal
year to carry out a program to develop and support
intercity bus transportation. Eligible activities under
the program include--
(A) planning and marketing for intercity bus
transportation;
(B) capital grants for intercity bus
facilities;
(C) joint-use facilities;
(D) operating grants through purchase-of-
service agreements, user-side subsidies, and
demonstration projects; and
(E) coordinating rural connections between
small public transportation operations and
intercity bus carriers.
(2) Certification.--A State does not have to comply
with paragraph (1) of this subsection in a fiscal year
in which the Governor of the State certifies to the
Secretary, after consultation with affected intercity
bus service providers, that the intercity bus service
needs of the State are being met adequately.
(g) Government Share of Costs.--
(1) Capital projects.--
(A) In general.--Except as provided by
subparagraph (B), a grant awarded under this
section for a capital project or project
administrative expenses shall be for 80 percent
of the net costs of the project, as determined
by the Secretary.
(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government
share of the net costs in accordance with the
formula under that section.
(2) Operating assistance.--
(A) In general.--Except as provided by
subparagraph (B), a grant made under this
section for operating assistance may not exceed
50 percent of the net operating costs of the
project, as determined by the Secretary.
(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government
share of the net operating costs equal to 62.5
percent of the Government share provided for
under paragraph (1)(B).
(3) Remainder.--The remainder of net project costs--
(A) may be provided in cash from non-
Government sources other than revenues from
providing public transportation services;
(B) may be provided from revenues from the
sale of advertising and concessions;
[(A)] (C) may be provided from an
undistributed cash surplus, a replacement or
depreciation cash fund or reserve, a service
agreement with a State or local social service
agency or a private social service
organization, or new capital;
[(B)] (D) may be derived from amounts
appropriated or otherwise made available to a
department or agency of the Government (other
than the Department of Transportation) that are
eligible to be expended for transportation;
[(C)] (E) notwithstanding subparagraph (B),
may be derived from amounts made available to
carry out the Federal lands highway program
established by section 204 of title 23; and
[(D)] (F) in the case of an intercity bus
project that includes both feeder service and
an unsubsidized segment of intercity bus
service to which the feeder service connects,
may be derived from the costs of a private
operator for the unsubsidized segment of
intercity bus service, including all operating
and capital costs of such service whether or
not offset by revenue from such service, as an
in-kind match for the operating costs of
connecting rural intercity bus feeder service
funded under subsection (f), if the private
operator agrees in writing to the use of the
costs of the private operator for the
unsubsidized segment of intercity bus service
as an in-kind match.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance.--A State
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
(h) Transfer of Facilities and Equipment.--With the consent
of the recipient currently having a facility or equipment
acquired with assistance under this section, a State may
transfer the facility or equipment to any recipient eligible to
receive assistance under this chapter if the facility or
equipment will continue to be used as required under this
section.
(i) Relationship to Other Laws.--
(1) In general.--Section 5333(b) applies to this
section if the Secretary of Labor utilizes a special
warranty that provides a fair and equitable arrangement
to protect the interests of employees.
(2) Rule of construction.--This subsection does not
affect or discharge a responsibility of the Secretary
of Transportation under a law of the United States.
(j) Formula Grants for Public Transportation on Indian
Reservations.--
(1) Apportionment.--
(A) In general.--Of the amounts described in
subsection (c)(1)(B)--
(i) 50 percent of the total amount
shall be apportioned so that each
Indian tribe providing public
transportation service shall receive an
amount equal to the total amount
apportioned under this clause
multiplied by the ratio of the number
of vehicle revenue miles provided by an
Indian tribe divided by the total
number of vehicle revenue miles
provided by all Indian tribes, as
reported to the Secretary;
(ii) 25 percent of the total amount
shall be apportioned equally among each
Indian tribe providing at least 200,000
vehicle revenue miles of public
transportation service annually, as
reported to the Secretary; and
(iii) 25 percent of the total amount
shall be apportioned among each Indian
tribe providing public transportation
on tribal lands (as defined by the
Bureau of the Census) on which more
than 1,000 low-income individuals
reside (as determined by the Bureau of
the Census) so that each Indian tribe
shall receive an amount equal to the
total amount apportioned under this
clause multiplied by the ratio of the
number of low-income individuals
residing on an Indian tribe's lands
divided by the total number of low-
income individuals on tribal lands on
which more than 1,000 low-income
individuals reside.
(B) Limitation.--No recipient shall receive
more than $300,000 of the amounts apportioned
under subparagraph (A)(iii) in a fiscal year.
(C) Remaining amounts.--Of the amounts made
available under subparagraph (A)(iii), any
amounts not apportioned under that subparagraph
shall be allocated among Indian tribes
receiving less than $300,000 in a fiscal year
according to the formula specified in that
clause.
(D) Low-income individuals.--For purposes of
subparagraph (A)(iii), the term ``low-income
individual'' means an individual whose family
income is at or below 100 percent of the
poverty line, as that term is defined in
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), including any
revision required by that section, for a family
of the size involved.
(2) Non-tribal service providers.--A recipient that
is an Indian tribe may use funds apportioned under this
subsection to finance public transportation services
provided by a non-tribal provider of public
transportation that connects residents of tribal lands
with surrounding communities, improves access to
employment or healthcare, or otherwise addresses the
mobility needs of tribal members.
[Sec. 5312. Research, development, demonstration, and deployment
projects]
Sec. 5312. Public transportation innovation
(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.
[(a)] (b) Research, Development, Demonstration, and
Deployment Projects.--
(1) In general.--The Secretary may make grants and
enter into contracts, cooperative agreements, and other
agreements for research, development, demonstration,
and deployment projects, and evaluation of research and
technology of national significance to public
transportation, that the Secretary determines will
improve public transportation.
(2) Agreements.--In order to carry out paragraph (1),
the Secretary may make grants to and enter into
contracts, cooperative agreements, and other agreements
with--
(A) departments, agencies, and
instrumentalities of the Government, including
Federal laboratories;
(B) State and local governmental entities;
(C) providers of public transportation;
(D) private or non-profit organizations;
(E) institutions of higher education; and
(F) technical and community colleges.
(3) Application.--
(A) In general.--To receive a grant,
contract, cooperative agreement, or other
agreement under this section, an entity
described in paragraph (2) shall submit an
application to the Secretary.
(B) Form and contents.--An application under
subparagraph (A) shall be in such form and
contain such information as the Secretary may
require, including--
(i) a statement of purpose detailing
the need being addressed;
(ii) the short- and long-term goals
of the project, including opportunities
for future innovation and development,
the potential for deployment, and
benefits to riders and public
transportation; and
(iii) the short- and long-term
funding requirements to complete the
project and any future objectives of
the project.
[(b)] (c) Research.--
(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described
in [subsection (a)(2)] subsection (b)(2) to carry out a
public transportation research project that has as its
ultimate goal the development and deployment of new and
innovative ideas, practices, and approaches.
(2) Project eligibility.--A public transportation
research project that receives assistance under
paragraph (1) shall focus on--
(A) providing more effective and efficient
public transportation service, including
services to--
(i) seniors;
(ii) individuals with disabilities;
and
(iii) low-income individuals;
(B) mobility management and improvements and
travel management systems;
(C) data and communication system
advancements;
(D) system capacity, including--
(i) train control;
(ii) capacity improvements; and
(iii) performance management;
(E) capital and operating efficiencies;
(F) planning and forecasting modeling and
simulation;
(G) advanced vehicle design;
(H) advancements in vehicle technology;
(I) asset maintenance and repair systems
advancement;
(J) construction and project management;
(K) alternative fuels;
(L) the environment and energy efficiency;
(M) safety improvements; or
(N) any other area that the Secretary
determines is important to advance the
interests of public transportation.
[(c)] (d) Innovation and Development.--
(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described
in [subsection (a)(2)] subsection (b)(2) to carry out a
public transportation innovation and development
project that seeks to improve public transportation
systems nationwide in order to provide more efficient
and effective delivery of public transportation
services, including through technology and
technological capacity improvements.
(2) Project eligibility.--A public transportation
innovation and development project that receives
assistance under paragraph (1) shall focus on--
(A) the development of public transportation
research projects that received assistance
under [subsection (b)] subsection (c) that the
Secretary determines were successful;
(B) planning and forecasting modeling and
simulation;
(C) capital and operating efficiencies;
(D) advanced vehicle design;
(E) advancements in vehicle technology;
(F) the environment and energy efficiency;
(G) system capacity, including train control
and capacity improvements; or
(H) any other area that the Secretary
determines is important to advance the
interests of public transportation.
[(d)] (e) Demonstration, Deployment, and Evaluation.--
(1) In general.--The Secretary may, under terms and
conditions that the Secretary prescribes, make a grant
to or enter into a contract, cooperative agreement, or
other agreement with an entity described in paragraph
(2) to promote the early deployment and demonstration
of innovation in public transportation that has broad
applicability.
(2) Participants.--An entity described in this
paragraph is--
(A) an entity described in [subsection
(a)(2)] subsection (b)(2); or
(B) a consortium of entities described in
[subsection (a)(2)] subsection (b)(2),
including a provider of public transportation,
that will share the costs, risks, and rewards
of early deployment and demonstration of
innovation.
(3) Project eligibility.--A project that receives
assistance under paragraph (1) shall seek to build on
successful research, innovation, and development
efforts to facilitate--
(A) the deployment of research and technology
development resulting from private efforts or
Federally funded efforts; and
(B) the implementation of research and
technology development to advance the interests
of public transportation.
(4) Evaluation.--Not later than 2 years after the
date on which a project receives assistance under
paragraph (1), the Secretary shall conduct a
comprehensive evaluation of the success or failure of
the projects funded under this subsection and any plan
for broad-based implementation of the innovation
promoted by successful projects.
(5) Low or no emission vehicle deployment.--
(A) Definitions.--In this paragraph, the
following definitions shall apply:
(i) Eligible area.--The term
``eligible area'' means an area that
is--
(I) designated as a
nonattainment area for ozone or
carbon monoxide under section
107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
(II) a maintenance area, as
defined in section 5303, for
ozone or carbon monoxide.
(ii) Eligible project.--The term
``eligible project'' means a project or
program of projects in an eligible area
for--
(I) acquiring or leasing low
or no emission vehicles;
(II) constructing or leasing
facilities and related
equipment for low or no
emission vehicles;
(III) constructing new public
transportation facilities to
accommodate low or no emission
vehicles; or
(IV) rehabilitating or
improving existing public
transportation facilities to
accommodate low or no emission
vehicles.
(iii) Direct carbon emissions.--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.
(iv) Low or no emission bus.--The
term ``low or no emission bus'' means a
bus that is a low or no emission
vehicle.
(v) Low or no emission vehicle.--The
term ``low or no emission vehicle''
means--
(I) a passenger vehicle used
to provide public
transportation that the
Administrator of the
Environmental Protection Agency
has certified sufficiently
reduces energy consumption or
reduces harmful emissions,
including direct carbon
emissions, when compared to a
comparable standard vehicle; or
(II) a zero emission bus used
to provide public
transportation.
[(vi) Recipient.--The term
``recipient'' means--
[(I) for an eligible area
that is an urbanized area with
a population of fewer than
200,000 individuals, as
determined by the Bureau of the
Census, the State in which the
eligible area is located; and
[(II) for an eligible area
not described in subparagraph
(A), the designated recipient
for the eligible area.]
[(vii)] (vi) Zero emission bus.--The
term ``zero emission bus'' means a low
or no emission bus that produces no
carbon or particulate matter.
(B) Authority.--The Secretary may make grants
to [recipients] participants to finance
eligible projects under this paragraph.
(C) Grant requirements.--
(i) In general.--A grant under this
paragraph shall be subject to the
requirements of section 5307.
[(ii) Government share of costs for
certain projects.--Section 5323(j)
applies to projects carried out under
this paragraph, unless the grant
recipient requests a lower grant
percentage.]
(ii) Government share of costs for
certain projects.--A grant for a
project carried out under this
paragraph shall be 80 percent of the
net project cost of the project unless
the grant recipient requests a lower
grant percentage.
(iii) Combination of funding
sources.--
(I) Combination permitted.--A
project carried out under this
paragraph may receive funding
under section 5307, or any
other provision of law.
(II) Government share.--
Nothing in this clause may be
construed to alter the
Government share required under
this section, section 5307, or
any other provision of law.
(D) Minimum amounts.--Of amounts made
available by or appropriated under section
5338(b) in each fiscal year to carry out this
paragraph--
(i) not less than 65 percent shall be
made available to fund eligible
projects relating to low or no emission
buses; and
(ii) not less than 10 percent shall
be made available for eligible projects
relating to facilities and related
equipment for low or no emission buses.
(E) Competitive process.--The Secretary shall
solicit grant applications and make grants for
eligible projects on a competitive basis.
(F) Priority consideration.--In making grants
under this paragraph, the Secretary shall give
priority to projects relating to low or no
emission buses that make greater reductions in
energy consumption and harmful emissions,
including direct carbon emissions, than
comparable standard buses or other low or no
emission buses.
[(G) Availability of funds.--Any amounts made
available or appropriated to carry out this
paragraph--
[(i) shall remain available to an
eligible project for 2 years after the
fiscal year for which the amount is
made available or appropriated; and
[(ii) that remain unobligated at the
end of the period described in clause
(i) shall be added to the amount made
available to an eligible project in the
following fiscal year.]
[(e) Annual Report on Research.--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--]
(f) 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--
(1) a description of each project that received
assistance under this section during the preceding
fiscal year; and
(2) an evaluation of each project described in
paragraph (1), including any evaluation conducted under
[subsection (d)(4)] subsection (e)(4) for the preceding
fiscal year[; and].
[(3) a proposal for allocations of amounts for
assistance under this section for the subsequent fiscal
year.]
[(f)] (g) Government Share of Costs.--
(1) In general.--The Government share of the cost of
a project carried out under this section shall not
exceed 80 percent.
(2) Non-government share.--The non-Government share
of the cost of a project carried out under this section
may be derived from in-kind contributions.
(3) Financial benefit.--If the Secretary determines
that there would be a clear and direct financial
benefit to an entity under a grant, contract,
cooperative agreement, or other agreement under this
section, the Secretary shall establish a Government
share of the costs of the project to be carried out
under the grant, contract, cooperative agreement, or
other agreement that is consistent with the benefit.
(h) Transit Cooperative Research Program.--
(1) In general.--The amounts made available under
section 5338(b) 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's share.--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.
[Sec. 5313. Transit cooperative research program
[(a) Cooperative Research Program.--The amounts made
available under section 5338(c) are available for a public
transportation cooperative research program. The Secretary
shall establish an independent governing board for the program.
The board shall recommend public transportation research,
development, and technology transfer activities the Secretary
considers appropriate.
[(b) Federal Assistance.--The Secretary may make grants to,
and cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that the
Secretary decides are appropriate.
[(c) Government's Share.--If there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under this section, the Secretary shall establish a
Government share consistent with that benefit.
[Sec. 5314. Technical assistance and standards development
[(a) Technical Assistance and Standards Development.--
[(1) 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--
[(A) more effectively and efficiently provide
public transportation service;
[(B) administer funds received under this
chapter in compliance with Federal law; and
[(C) improve public transportation.
[(2) Eligible activities.--The activities carried out
under paragraph (1) may include--
[(A) technical assistance; and
[(B) 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.
[(b) 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 section. The Secretary may enter into such
contracts, cooperative agreements, and other agreements to
assist providers of public transportation to--
[(1) 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;
[(2) comply with human services transportation
coordination requirements and to enhance the
coordination of Federal resources for human services
transportation with those of the Department of
Transportation through technical assistance, training,
and support services related to complying with such
requirements;
[(3) meet the transportation needs of elderly
individuals;
[(4) 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;
[(5) address transportation equity with regard to the
effect that transportation planning, investment and
operations have for low-income and minority
individuals; and
[(6) any other technical assistance activity that the
Secretary determines is necessary to advance the
interests of public transportation.
[(c) 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--
[(1) a description of each project that received
assistance under this section during the preceding
fiscal year;
[(2) an evaluation of the activities carried out by
each organization that received assistance under this
section during the preceding fiscal year; and
[(3) a proposal for allocations of amounts for
assistance under this section for the subsequent fiscal
year.
[(d) Government Share of Costs.--
[(1) In general.--The Government share of the cost of
an activity carried out using a grant under this
section may not exceed 80 percent.
[(2) Non-government share.--The non-Government share
of the cost of an activity carried out using a grant
under this section may be derived from in-kind
contributions.]
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 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 zero emission transit
technologies; and
(I) any other technical assistance activity
that the Secretary determines is necessary to
advance the interests of public transportation.
(3) Annual report on technical assistance.--Not later
than the first Monday in February of each year, the
Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives a report
that includes--
(A) a description of each project that
received assistance under this subsection
during the preceding fiscal year;
(B) an evaluation of the activities carried
out by each organization that received
assistance under this subsection during the
preceding fiscal year;
(C) a proposal for allocations of amounts for
assistance under this subsection for the
subsequent fiscal year; and
(D) measurable outcomes and impacts of the
programs funded under subsections (b) and (c).
(4) Government share of costs.--
(A) In general.--The Government share of the
cost of an activity carried out using a grant
under this subsection may not exceed 80
percent.
(B) Non-government share.--The non-Government
share of the cost of an activity carried out
using a grant under this subsection may be
derived from in-kind contributions.
(b) Human Resources and Training.--
(1) In general.--The Secretary may undertake, or make
grants and contracts for, programs that address human
resource needs as they apply to public transportation
activities. A program may include--
(A) an employment training program;
(B) an outreach program to increase veteran,
minority, and female employment in public
transportation activities;
(C) research on public transportation
personnel and training needs;
(D) training and assistance for veteran and
minority business opportunities; and
(E) consensus-based national training
standards and certifications in partnership
with industry stakeholders.
(2) Innovative public transportation frontline
workforce development program.--
(A) In general.--The Secretary shall
establish a competitive grant program to assist
the development of innovative activities
eligible for assistance under subparagraph (1).
(B) Eligible programs.--A program eligible
for assistance under subsection (a) shall--
(i) develop apprenticeships for
transit maintenance and operations
occupations, including hands-on, peer
trainer, classroom and on-the-job
training as well as training for
instructors and on-the-job mentors;
(ii) build local, regional, and
statewide transit training partnerships
in coordination with entities such as
local employers, local public
transportation operators, labor union
organizations, workforce development
boards, State workforce agencies, State
apprenticeship agencies (where
applicable), and community colleges and
university transportation centers, to
identify and address workforce skill
gaps and develop skills needed for
delivering quality transit service and
supporting employee career advancement;
(iii) provide improved capacity for
safety, security, and emergency
preparedness in local transit systems
through--
(I) developing the role of
the frontline workforce in
building and sustaining safety
culture and safety systems in
the industry and in individual
public transportation systems;
(II) specific training, in
coordination with the National
Transit Institute, on security
and emergency preparedness,
including protocols for
coordinating with first
responders and working with the
broader community to address
natural disasters or other
threats to transit systems; and
(III) training to address
frontline worker roles in
promoting health and safety for
transit workers and the riding
public, and improving
communication during
emergencies between the
frontline workforce and the
riding public;
(iv) address current or projected
workforce shortages by developing
career pathway partnerships with high
schools, community colleges, and other
community organizations for recruiting
and training underrepresented
populations, including minorities,
women, individuals with disabilities,
veterans, and low-income populations as
successful transit employees who can
develop careers in the transit
industry; or
(v) address youth unemployment by
directing the Secretary to award grants
to local entities for work-based
training and other work-related and
educational strategies and activities
of demonstrated effectiveness to
provide unemployed, low-income young
adults and low-income youth with skills
that will lead to employment.
(C) Selection of recipients.--To the maximum
extent feasible, the Secretary shall select
recipients that--
(i) are geographically diverse;
(ii) address the workforce and human
resources needs of large public
transportation providers;
(iii) address the workforce and human
resources needs of small public
transportation providers;
(iv) address the workforce and human
resources needs of urban public
transportation providers;
(v) address the workforce and human
resources needs of rural public
transportation providers;
(vi) advance training related to
maintenance of alternative energy,
energy efficiency, or zero emission
vehicles and facilities used in public
transportation;
(vii) target areas with high rates of
unemployment;
(viii) address current or projected
workforce shortages in areas that
require technical expertise; and
(ix) advance opportunities for
minorities, women, veterans,
individuals with disabilities, low-
income populations, and other
underserved populations.
(D) Program outcomes.--A recipient of
assistance under this subsection shall
demonstrate outcomes for any program that
includes skills training, on-the-job training,
and work-based learning, including--
(i) the impact on reducing public
transportation workforce shortages in
the area served;
(ii) the diversity of training
participants; and
(iii) the number of participants
obtaining certifications or credentials
required for specific types of
employment.
(3) Government's share of costs.--The Government
share of the cost of a project carried out using a
grant under paragraph (1) or (2) shall be 50 percent.
(4) Use for technical assistance.--The Secretary may
use not more than 1 percent of amounts made available
to carry out this section to provide technical
assistance for activities and programs developed,
conducted, and overseen under paragraphs (1) and (2).
(c) National Transit Institute.--
(1) Establishment.--The Secretary shall establish a
national transit institute and award grants to a
public, 4-year institution of higher education, as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)), in order to carry out the
duties of the institute.
(2) Duties.--
(A) In general.--In cooperation with the
Federal Transit Administration, State
transportation departments, public
transportation authorities, and national and
international entities, the institute
established under paragraph (1) shall develop
and conduct training and educational programs
for Federal, State, and local transportation
employees, United States citizens, and foreign
nationals engaged or to be engaged in
Government-aid public transportation work.
(B) Training and educational programs.--The
training and educational programs developed
under subparagraph (A) may include courses in
recent developments, techniques, and procedures
related to--
(i) intermodal and public
transportation planning;
(ii) management;
(iii) environmental factors;
(iv) acquisition and joint-use
rights-of-way;
(v) engineering and architectural
design;
(vi) procurement strategies for
public transportation systems;
(vii) turnkey approaches to
delivering public transportation
systems;
(viii) new technologies;
(ix) emission reduction technologies;
(x) ways to make public
transportation accessible to
individuals with disabilities;
(xi) construction, construction
management, insurance, and risk
management;
(xii) maintenance;
(xiii) contract administration;
(xiv) inspection;
(xv) innovative finance;
(xvi) workplace safety; and
(xvii) public transportation
security.
(3) Providing education and training.--Education and
training of Government, State, and local transportation
employees under this subsection shall be provided--
(A) by the Secretary at no cost to the States
and local governments for subjects that are a
Government program responsibility; or
(B) when the education and training are paid
under paragraph (4), by the State, with the
approval of the Secretary, through grants and
contracts with public and private agencies,
other institutions, individuals, and the
institute.
(4) Availability of amounts.--Not more than 0.5
percent of the amounts made available for a fiscal year
beginning after September 30, 1991, to a State or
public transportation authority in the State to carry
out sections 5307 and 5309 is available for expenditure
by the State and public transportation authorities in
the State, with the approval of the Secretary, to pay
not more than 80 percent of the cost of tuition and
direct educational expenses related to educating and
training State and local transportation employees under
this subsection.
* * * * * * *
Sec. 5319. Bicycle facilities
A project to provide access for bicycles to public
transportation facilities, to provide shelters and parking
facilities for bicycles in or around public transportation
facilities, or to install equipment for transporting bicycles
on public transportation vehicles is a capital project eligible
for assistance under sections 5307, 5309, and 5311 of this
title. Notwithstanding sections 5307(d), 5309(l), and 5311(g),
a grant made by the Government under this chapter for a project
made eligible by this section is for [90 percent] 80 percent of
the cost of the project, except that, if the grant or any
portion of the grant is made with funds required to be expended
under 5307(d)(1)(K) and the project involves providing bicycle
access to public transportation, that grant or portion of that
grant shall be at a Federal share of [95 percent] 80 percent.
* * * * * * *
[Sec. 5322. Human resources and training
[(a) 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--
[(1) an employment training program;
[(2) an outreach program to increase minority and
female employment in public transportation activities;
[(3) research on public transportation personnel and
training needs; and
[(4) training and assistance for minority business
opportunities.
[(b) Innovative Public Transportation Workforce Development
Program.--
[(1) Program established.--The Secretary shall
establish a competitive grant program to assist the
development of innovative activities eligible for
assistance under subsection (a).
[(2) Selection of recipients.--To the maximum extent
feasible, the Secretary shall select recipients that--
[(A) are geographically diverse;
[(B) address the workforce and human
resources needs of large public transportation
providers;
[(C) address the workforce and human
resources needs of small public transportation
providers;
[(D) address the workforce and human
resources needs of urban public transportation
providers;
[(E) address the workforce and human
resources needs of rural public transportation
providers;
[(F) advance training related to maintenance
of alternative energy, energy efficiency, or
zero emission vehicles and facilities used in
public transportation;
[(G) target areas with high rates of
unemployment; and
[(H) address current or projected workforce
shortages in areas that require technical
expertise.
[(c) Government's Share of Costs.--The Government share of
the cost of a project carried out using a grant under
subsection (a) or (b) shall be 50 percent.
[(d) National Transit Institute.--
[(1) Establishment.--The Secretary shall establish a
national transit institute and award grants to a public
4-year degree-granting institution of higher education,
as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)), in order to carry out
the duties of the institute.
[(2) Duties.--
[(A) In general.--In cooperation with the
Federal Transit Administration, State
transportation departments, public
transportation authorities, and national and
international entities, the institute
established under paragraph (1) shall develop
and conduct training and educational programs
for Federal, State, and local transportation
employees, United States citizens, and foreign
nationals engaged or to be engaged in
Government-aid public transportation work.
[(B) Training and educational programs.--The
training and educational programs developed
under subparagraph (A) may include courses in
recent developments, techniques, and procedures
related to--
[(i) intermodal and public
transportation planning;
[(ii) management;
[(iii) environmental factors;
[(iv) acquisition and joint use
rights-of-way;
[(v) engineering and architectural
design;
[(vi) procurement strategies for
public transportation systems;
[(vii) turnkey approaches to
delivering public transportation
systems;
[(viii) new technologies;
[(ix) emission reduction
technologies;
[(x) ways to make public
transportation accessible to
individuals with disabilities;
[(xi) construction, construction
management, insurance, and risk
management;
[(xii) maintenance;
[(xiii) contract administration;
[(xiv) inspection;
[(xv) innovative finance;
[(xvi) workplace safety; and
[(xvii) public transportation
security.
[(3) Providing education and training.--Education and
training of Government, State, and local transportation
employees under this subsection shall be provided--
[(A) by the Secretary at no cost to the
States and local governments for subjects that
are a Government program responsibility; or
[(B) when the education and training are paid
under paragraph (4) of this subsection, by the
State, with the approval of the Secretary,
through grants and contracts with public and
private agencies, other institutions,
individuals, and the institute.
[(4) Availability of amounts.--Not more than .5
percent of the amounts made available for a fiscal year
beginning after September 30, 1991, to a State or
public transportation authority in the State to carry
out sections 5307 and 5309 of this title is available
for expenditure by the State and public transportation
authorities in the State, with the approval of the
Secretary, to pay not more than 80 percent of the cost
of tuition and direct educational expenses related to
educating and training State and local transportation
employees under this subsection.
[(e) Report.--Not later than 2 years after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report concerning the measurable outcomes and
impacts of the programs funded under subsections (a) and (b).]
Sec. 5323. General provisions
(a) Interests in Property.--
(1) In general.--Financial assistance provided under
this chapter to a State or a local governmental
authority may be used to acquire an interest in, or to
buy property of, a private company engaged in public
transportation, for a capital project for property
acquired from a private company engaged in public
transportation after July 9, 1964, or to operate a
public transportation facility or equipment in
competition with, or in addition to, transportation
service provided by an existing public transportation
company, only if--
(A) the Secretary determines that such
financial assistance is essential to a program
of projects required under sections 5303, 5304,
and 5306;
(B) the Secretary determines that the program
provides for the participation of private
companies engaged in public transportation to
the maximum extent feasible; and
(C) just compensation under State or local
law will be paid to the company for its
franchise or property.
(2) Limitation.--A governmental authority may not use
financial assistance of the United States Government to
acquire land, equipment, or a facility used in public
transportation from another governmental authority in
the same geographic area.
(b) Relocation and Real Property Requirements.--The Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial
assistance for capital projects under this chapter.
(c) Consideration of Economic, Social, and Environmental
Interests.--
(1) Cooperation and consultation.--The Secretary
shall cooperate and consult with the Secretary of the
Interior and the Administrator of the Environmental
Protection Agency on each project that may have a
substantial impact on the environment.
(2) Compliance with NEPA.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply
to financial assistance for capital projects under this
chapter.
(d) Condition on Charter Bus Transportation Service.--
(1) Agreements.--Financial assistance under this
chapter may be used to buy or operate a bus only if the
applicant, governmental authority, or publicly owned
operator that receives the assistance agrees that,
except as provided in the agreement, the governmental
authority or an operator of public transportation for
the governmental authority will not provide charter bus
transportation service outside the urban area in which
it provides regularly scheduled public transportation
service. An agreement shall provide for a fair
arrangement the Secretary of Transportation considers
appropriate to ensure that the assistance will not
enable a governmental authority or an operator for a
governmental authority to foreclose a private operator
from providing intercity charter bus service if the
private operator can provide the service.
(2) Violations.--
(A) Investigations.--On receiving a complaint
about a violation of the agreement required
under paragraph (1), the Secretary shall
investigate and decide whether a violation has
occurred.
(B) Enforcement of agreements.--If the
Secretary decides that a violation has
occurred, the Secretary shall correct the
violation under terms of the agreement.
(C) Additional remedies.--In addition to any
remedy specified in the agreement, the
Secretary shall bar a recipient or an operator
from receiving Federal transit assistance in an
amount the Secretary considers appropriate if
the Secretary finds a pattern of violations of
the agreement.
(e) Bond Proceeds Eligible for Local Share.--
(1) Use as local matching funds.--Notwithstanding any
other provision of law, a recipient of assistance under
section 5307, 5309, or 5337 may use the proceeds from
the issuance of revenue bonds as part of the local
matching funds for a capital project.
(2) Maintenance of effort.--The Secretary shall
approve of the use of the proceeds from the issuance of
revenue bonds for the remainder of the net project cost
only if the Secretary finds that the aggregate amount
of financial support for public transportation in the
urbanized area provided by the State and affected local
governmental authorities during the next 3 fiscal
years, as programmed in the State transportation
improvement program under section 5304, is not less
than the aggregate amount provided by the State and
affected local governmental authorities in the
urbanized area during the preceding 3 fiscal years.
(3) Debt service reserve.--The Secretary may
reimburse an eligible recipient for deposits of bond
proceeds in a debt service reserve that the recipient
establishes pursuant to section 5302(3)(J) from amounts
made available to the recipient under section 5309.
(f) Schoolbus Transportation.--
(1) Agreements.--Financial assistance under this
chapter may be used for a capital project, or to
operate public transportation equipment or a public
transportation facility, only if the applicant agrees
not to provide schoolbus transportation that
exclusively transports students and school personnel in
competition with a private schoolbus operator. This
subsection does not apply--
(A) to an applicant that operates a school
system in the area to be served and a separate
and exclusive schoolbus program for the school
system; and
(B) unless a private schoolbus operator can
provide adequate transportation that complies
with applicable safety standards at reasonable
rates.
(2) Violations.--If the Secretary finds that an
applicant, governmental authority, or publicly owned
operator has violated the agreement required under
paragraph (1), the Secretary shall bar a recipient or
an operator from receiving Federal transit assistance
in an amount the Secretary considers appropriate.
(g) Buying Buses Under Other Laws.--Subsections (d) and (f)
of this section apply to financial assistance to buy a bus
under sections 133 and 142 of title 23.
(h) Grant and Loan Prohibitions.--A grant or loan may not be
used to--
(1) pay ordinary governmental or nonproject operating
expenses; [or]
(2) pay incremental costs of incorporating art or
landscaping into facilities, including the costs of an
artist on the design team; or
[(2)] (3) support a procurement that uses an
exclusionary or discriminatory specification.
(i) Government Share of Costs for Certain Projects.--
(1) Acquiring vehicles and vehicle-related equipment
or facilities.--
(A) Vehicles.--A grant for a project to be
assisted under this chapter that involves
acquiring vehicles for purposes of complying
with or maintaining compliance with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) or the Clean Air Act is
for 85 percent of the net project cost.
(B) Vehicle-related equipment or
facilities.--A grant for a project to be
assisted under this chapter that involves
acquiring vehicle-related equipment or
facilities required by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or vehicle-related equipment or
facilities (including clean fuel or alternative
fuel vehicle-related equipment or facilities)
for purposes of complying with or maintaining
compliance with the Clean Air Act, is for 90
percent of the net project cost of such
equipment or facilities attributable to
compliance with those Acts. The Secretary shall
have discretion to determine, through
practicable administrative procedures, the
costs of such equipment or facilities
attributable to compliance with those Acts.
(2) Costs incurred by providers of public
transportation by vanpool.--
(A) Local matching share.--The local matching
share provided by a recipient of assistance for
a capital project under this chapter may
include any amounts expended by a provider of
public transportation by vanpool for the
acquisition of rolling stock to be used by such
provider in the recipient's service area,
excluding any amounts the provider may have
received in Federal, State, or local government
assistance for such acquisition.
(B) Use of revenues.--A private provider of
public transportation by vanpool may use
revenues it receives in the provision of public
transportation service in the service area of a
recipient of assistance under this chapter that
are in excess of the provider's operating costs
for the purpose of acquiring rolling stock, if
the private provider enters into a legally
binding agreement with the recipient that
requires the provider to use the rolling stock
in the recipient's service area.
(C) Definitions.--In this paragraph, the
following definitions apply:
(i) Private provider of public
transportation by vanpool.--The term
``private provider of public
transportation by vanpool'' means a
private entity providing vanpool
services in the service area of a
recipient of assistance under this
chapter using a commuter highway
vehicle or vanpool vehicle.
(ii) Commuter highway vehicle;
vanpool vehicle.--The term ``commuter
highway vehicle or vanpool vehicle''
means any vehicle--
(I) the seating capacity of
which is at least 6 adults (not
including the driver); and
(II) at least 80 percent of
the mileage use of which can be
reasonably expected to be for
the purposes of transporting
commuters in connection with
travel between their residences
and their place of employment.
(3) Acquisition of base-model buses.--A grant for the
acquisition of a base-model bus for use in public
transportation may be not more than 85 percent of the
net project cost.
(j) Buy America.--
(1) In general.--The Secretary may obligate an amount
that may be appropriated to carry out this chapter for
a project only if the steel, iron, and manufactured
goods used in the project are produced in the United
States.
(2) Waiver.--The Secretary may waive paragraph (1) of
this subsection if the Secretary finds that--
(A) applying paragraph (1) would be
inconsistent with the public interest;
(B) the steel, iron, and goods produced in
the United States are not produced in a
sufficient and reasonably available amount or
are not of a satisfactory quality;
[(C) when procuring rolling stock (including
train control, communication, and traction
power equipment) under this chapter--
[(i) the cost of components and
subcomponents produced in the United
States is more than 60 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]
(C) when procuring rolling stock (including
train control, communication, and traction
power equipment) 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
(D) including domestic material will increase
the cost of the overall project by more than 25
percent.
(3) Written waiver determination and annual report.--
(A) Written determination.--Before issuing a
waiver under paragraph (2), the Secretary
shall--
(i) publish in the Federal Register
and make publicly available in an
easily identifiable location on the
website of the Department of
Transportation a detailed written
explanation of the waiver
determination; and
(ii) provide the public with a
reasonable period of time for notice
and comment.
(B) Annual report.--Not later than 1 year
after the date of enactment of the Federal
Public Transportation Act of 2012, and annually
thereafter, the Secretary shall submit to the
Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives a report listing any waiver
issued under paragraph (2) during the preceding
year.
(4) Labor costs for final assembly.--In this
subsection, labor costs involved in final assembly are
not included in calculating the cost of components.
(5) Waiver prohibited.--The Secretary may not make a
waiver under paragraph (2) of this subsection for goods
produced in a foreign country if the Secretary, in
consultation with the United States Trade
Representative, decides that the government of that
foreign country--
(A) has an agreement with the United States
Government under which the Secretary has waived
the requirement of this subsection; and
(B) has violated the agreement by
discriminating against goods to which this
subsection applies that are produced in the
United States and to which the agreement
applies.
(6) Penalty for mislabeling and misrepresentation.--A
person is ineligible under subpart 9.4 of the Federal
Acquisition Regulation, or any successor thereto, to
receive a contract or subcontract made with amounts
authorized under the Federal Public Transportation Act
of 2012 if a court or department, agency, or
instrumentality of the Government decides the person
intentionally--
(A) affixed a ``Made in America'' label, or a
label with an inscription having the same
meaning, to goods sold in or shipped to the
United States that are used in a project to
which this subsection applies but not produced
in the United States; or
(B) represented that goods described in
subparagraph (A) of this paragraph were
produced in the United States.
(7) State requirements.--The Secretary may not impose
any limitation on assistance provided under this
chapter that restricts a State from imposing more
stringent requirements than this subsection on the use
of articles, materials, and supplies mined, produced,
or manufactured in foreign countries in projects
carried out with that assistance or restricts a
recipient of that assistance from complying with those
State-imposed requirements.
(8) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of
steel, iron, or manufactured goods to correct after bid
opening any certification of noncompliance or failure
to properly complete the certification (but not
including failure to sign the certification) under this
subsection if such manufacturer or supplier attests
under penalty of perjury that such manufacturer or
supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden
of establishing inadvertent or clerical error is on the
manufacturer or supplier.
(9) Administrative review.--A party adversely
affected by an agency action under this subsection
shall have the right to seek review under section 702
of title 5.
(k) Participation of Governmental Agencies in Design and
Delivery of Transportation Services.--Governmental agencies and
nonprofit organizations that receive assistance from Government
sources (other than the Department of Transportation) for
nonemergency transportation services shall--
(1) participate and coordinate with recipients of
assistance under this chapter in the design and
delivery of transportation services; and
(2) be included in the planning for those services.
(l) Relationship to Other Laws.--
(1) Fraud and false statements.--Section 1001 of
title 18 applies to a certificate, submission, or
statement provided under this chapter. The Secretary
may terminate financial assistance under this chapter
and seek reimbursement directly, or by offsetting
amounts, available under this chapter if the Secretary
determines that a recipient of such financial
assistance has made a false or fraudulent statement or
related act in connection with a Federal public
transportation program.
(2) Political activities of nonsupervisory
employees.--The provision of assistance under this
chapter shall not be construed to require the
application of chapter 15 of title 5 to any
nonsupervisory employee of a public transportation
system (or any other agency or entity performing
related functions) to whom such chapter does not
otherwise apply.
(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--The Secretary shall prescribe regulations requiring
a preaward and postdelivery review of a grant under this
chapter to buy rolling stock to ensure compliance with
Government motor vehicle safety requirements, subsection (j) of
this section, and bid specifications requirements of grant
recipients under this chapter. Under this subsection,
independent inspections and review are required, and a
manufacturer certification is not sufficient. Rolling stock
procurements of 20 vehicles or fewer made for the purpose of
serving rural areas and urbanized areas with populations of
200,000 or fewer shall be subject to the same requirements as
established for procurements of 10 or fewer buses under the
post-delivery purchaser's requirements certification process
under section 663.37(c) of title 49, Code of Federal
Regulations.
(n) Submission of Certifications.--A certification required
under this chapter and any additional certification or
assurance required by law or regulation to be submitted to the
Secretary may be consolidated into a single document to be
submitted annually as part of a grant application under this
chapter. The Secretary shall publish annually a list of all
certifications required under this chapter with the publication
required under section 5336(d)(2).
(o) Grant Requirements.--The grant requirements under
sections 5307, 5309, and 5337 apply to any project under this
chapter that receives any assistance or other financing under
chapter 6 (other than section 609) of title 23.
(p) Alternative Fueling Facilities.--A recipient of
assistance under this chapter may allow the incidental use of
federally funded alternative fueling facilities and equipment
by nontransit public entities and private entities if--
(1) the incidental use does not interfere with the
recipient's public transportation operations;
(2) all costs related to the incidental use are fully
recaptured by the recipient from the nontransit public
entity or private entity;
(3) the recipient uses revenues received from the
incidental use in excess of costs for planning,
capital, and operating expenses that are incurred in
providing public transportation; and
(4) private entities pay all applicable excise taxes
on fuel.
(q) Corridor Preservation.--
(1) In general.--The Secretary may assist a recipient
in acquiring right-of-way before the completion of the
environmental reviews for any project that may use the
right-of-way if the acquisition is otherwise permitted
under Federal law. The Secretary may establish
restrictions on such an acquisition as the Secretary
determines to be necessary and appropriate.
(2) Environmental reviews.--Right-of-way acquired
under this subsection may not be developed in
anticipation of the project until all required
environmental reviews for the project have been
completed.
(r) Reasonable Access to Public Transportation Facilities.--A
recipient of assistance under this chapter may not deny
reasonable access for a private intercity or charter
transportation operator to federally funded public
transportation facilities, including intermodal facilities,
park and ride lots, and bus-only highway lanes. In determining
reasonable access, capacity requirements of the recipient of
assistance and the extent to which access would be detrimental
to existing public transportation services must be considered.
(s) Value Capture Revenue Eligible for Local Share.--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 that 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. 5329. Public transportation safety program
(a) Definition.--In this section, the term ``recipient''
means a State or local governmental authority, or any other
operator of a public transportation system, that receives
financial assistance under this chapter.
(b) National Public Transportation Safety Plan.--
(1) In general.--The Secretary shall create and
implement a national public transportation safety plan
to improve the safety of all public transportation
systems that receive funding under this chapter.
(2) Contents of plan.--The national public
transportation safety plan under paragraph (1) shall
include--
(A) safety performance criteria for all modes
of public transportation;
(B) the definition of the term ``state of
good repair'' established under section
5326(b);
(C) minimum safety performance standards for
public transportation vehicles used in revenue
operations that--
(i) do not apply to rolling stock
otherwise regulated by the Secretary or
any other Federal agency; and
(ii) to the extent practicable, take
into consideration--
(I) relevant recommendations
of the National Transportation
Safety Board; and
(II) recommendations of, and
best practices standards
developed by, the public
transportation industry; [and]
(D) minimum safety standards to ensure the
safe operation of public transportation systems
that--
(i) are not related to performance
standards for public transportation
vehicles developed under subparagraph
(C); and
(ii) to the extent practicable, take
into consideration--
(I) relevant recommendations
of the National Transportation
Safety Board;
(II) best practices standards
developed by the public
transportation industry;
(III) any minimum safety
standards or performance
criteria being implemented
across the public
transportation industry;
(IV) relevant recommendations
from the report under section
3018 of the Surface
Transportation Reauthorization
and Reform Act of 2015; and
(V) any additional
information that the Secretary
determines necessary and
appropriate;
[(D)] (E) a public transportation safety
certification training program, as described in
subsection (c).
(c) Public Transportation Safety Certification Training
Program.--
(1) In general.--The Secretary shall establish a
public transportation safety certification training
program for Federal and State employees, or other
designated personnel, who conduct safety audits and
examinations of public transportation systems and
employees of public transportation agencies directly
responsible for safety oversight.
(2) Interim provisions.--Not later than 90 days after
the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall
establish interim provisions for the certification and
training of the personnel described in paragraph (1),
which shall be in effect until the effective date of
the final rule issued by the Secretary to implement
this subsection.
(d) Public Transportation Agency Safety Plan.--
(1) In general.--Effective 1 year after the effective
date of a final rule issued by the Secretary to carry
out this subsection, each recipient or State, as
described in paragraph (3), shall certify that the
recipient or State has established a comprehensive
agency safety plan that includes, at a minimum--
(A) a requirement that the board of directors
(or equivalent entity) of the recipient approve
the agency safety plan and any updates to the
agency safety plan;
(B) methods for identifying and evaluating
safety risks throughout all elements of the
public transportation system of the recipient;
(C) strategies to minimize the exposure of
the public, personnel, and property to hazards
and unsafe conditions;
(D) a process and timeline for conducting an
annual review and update of the safety plan of
the recipient;
(E) performance targets based on the safety
performance criteria and state of good repair
standards established under subparagraphs (A)
and (B), respectively, of subsection (b)(2);
(F) assignment of an adequately trained
safety officer who reports directly to the
general manager, president, or equivalent
officer of the recipient; and
(G) a comprehensive staff training program
for the operations personnel and personnel
directly responsible for safety of the
recipient that includes--
(i) the completion of a safety
training program; and
(ii) continuing safety education and
training.
(2) Interim agency safety plan.--A system safety plan
developed pursuant to part 659 of title 49, Code of
Federal Regulations, as in effect on the date of
enactment of the Federal Public Transportation Act of
2012, shall remain in effect until such time as this
subsection takes effect.
(3) Public transportation agency safety plan drafting
and certification.--
(A) Section 5311.--For a recipient receiving
assistance under section 5311, a State safety
plan may be drafted and certified by the
recipient or a State.
(B) Section 5307.--Not later than 120 days
after the date of enactment of the Federal
Public Transportation Act of 2012, the
Secretary shall issue a rule designating
recipients of assistance under section 5307
that are small public transportation providers
or systems that may have their State safety
plans drafted or certified by a State.
(e) State Safety Oversight Program.--
(1) Applicability.--This subsection applies only to
eligible States.
(2) Definition.--In this subsection, the term
``eligible State'' means a State that has--
(A) a rail fixed guideway public
transportation system within the jurisdiction
of the State that is not subject to regulation
by the Federal Railroad Administration; or
(B) a rail fixed guideway public
transportation system in the engineering or
construction phase of development within the
jurisdiction of the State that will not be
subject to regulation by the Federal Railroad
Administration.
(3) In general.--In order to obligate funds
apportioned under section 5338 to carry out this
chapter, effective 3 years after the date on which a
final rule under this subsection becomes effective, an
eligible State shall have in effect a State safety
oversight program approved by the Secretary under which
the State--
(A) assumes responsibility for overseeing
rail fixed guideway public transportation
safety;
(B) adopts and enforces Federal and relevant
State laws on rail fixed guideway public
transportation safety;
(C) establishes a State safety oversight
agency;
(D) determines, in consultation with the
Secretary, an appropriate staffing level for
the State safety oversight agency that is
commensurate with the number, size, and
complexity of the rail fixed guideway public
transportation systems in the eligible State;
(E) requires that employees and other
designated personnel of the eligible State
safety oversight agency who are responsible for
rail fixed guideway public transportation
safety oversight are qualified to perform such
functions through appropriate training,
including successful completion of the public
transportation safety certification training
program established under subsection (c); and
(F) prohibits any public transportation
agency from providing funds to the State safety
oversight agency or an entity designated by the
eligible State as the State safety oversight
agency under paragraph (4).
(4) State safety oversight agency.--
(A) In general.--Each State safety oversight
program shall establish a State safety
oversight agency that--
(i) is financially and legally
independent from any public
transportation entity that the State
safety oversight agency oversees;
(ii) does not directly provide public
transportation services in an area with
a rail fixed guideway public
transportation system subject to the
requirements of this section;
(iii) does not employ any individual
who is also responsible for the
administration of rail fixed guideway
public transportation programs subject
to the requirements of this section;
(iv) has the authority to review,
approve, oversee, and enforce the
implementation by the rail fixed
guideway public transportation agency
of the public transportation agency
safety plan required under subsection
(d);
(v) has investigative and enforcement
authority with respect to the safety of
rail fixed guideway public
transportation systems of the eligible
State;
(vi) audits, at least once
triennially, the compliance of the rail
fixed guideway public transportation
systems in the eligible State subject
to this subsection with the public
transportation agency safety plan
required under subsection (d); and
(vii) provides, at least once
annually, a status report on the safety
of the rail fixed guideway public
transportation systems the State safety
oversight agency oversees to--
(I) the Federal Transit
Administration;
(II) the Governor of the
eligible State; and
(III) the board of directors,
or equivalent entity, of any
rail fixed guideway public
transportation system that the
State safety oversight agency
oversees.
(B) Waiver.--At the request of an eligible
State, the Secretary may waive clauses (i) and
(iii) of subparagraph (A) for eligible States
with 1 or more rail fixed guideway systems in
revenue operations, design, or construction,
that--
(i) have fewer than 1,000,000
combined actual and projected rail
fixed guideway revenue miles per year;
or
(ii) provide fewer than 10,000,000
combined actual and projected unlinked
passenger trips per year.
(5) Programs for multi-State rail fixed guideway
public transportation systems.--An eligible State that
has within the jurisdiction of the eligible State a
rail fixed guideway public transportation system that
operates in more than 1 eligible State shall--
(A) jointly with all other eligible States in
which the rail fixed guideway public
transportation system operates, ensure uniform
safety standards and enforcement procedures
that shall be in compliance with this section,
and establish and implement a State safety
oversight program approved by the Secretary; or
(B) jointly with all other eligible States in
which the rail fixed guideway public
transportation system operates, designate an
entity having characteristics consistent with
the characteristics described in paragraph (3)
to carry out the State safety oversight program
approved by the Secretary.
(6) Grants.--
(A) In general.--The Secretary shall make
grants to eligible States to develop or carry
out State safety oversight programs under this
subsection. Grant funds may be used for program
operational and administrative expenses,
including employee training activities.
(B) Apportionment.--
(i) Formula.--The amount made
available for State safety oversight
under section 5336(h) shall be
apportioned among eligible States under
a formula to be established by the
Secretary. Such formula shall take into
account fixed guideway vehicle revenue
miles, fixed guideway route miles, and
fixed guideway vehicle passenger miles
attributable to all rail fixed guideway
systems not subject to regulation by
the Federal Railroad Administration
within each eligible State.
(ii) Administrative requirements.--
Grant funds apportioned to States under
this paragraph shall be subject to
uniform administrative requirements for
grants and cooperative agreements to
State and local governments under part
18 of title 49, Code of Federal
Regulations, and shall be subject to
the requirements of this chapter as the
Secretary determines appropriate.
(C) Government share.--
(i) In general.--The Government share
of the reasonable cost of a State
safety oversight program developed or
carried out using a grant under this
paragraph shall be 80 percent.
(ii) In-kind contributions.--Any
calculation of the non-Government share
of a State safety oversight program
shall include in-kind contributions by
an eligible State.
(iii) Non-government share.--The non-
Government share of the cost of a State
safety oversight program developed or
carried out using a grant under this
paragraph may not be met by--
(I) any Federal funds;
(II) any funds received from
a public transportation agency;
or
(III) any revenues earned by
a public transportation agency.
(iv) Safety training program.--
Recipients of funds made available to
carry out sections 5307 and 5311 may
use not more than 0.5 percent of their
formula funds to pay not more than 80
percent of the cost of participation in
the public transportation safety
certification training program
established under subsection (c), by an
employee of a State safety oversight
agency or a recipient who is directly
responsible for safety oversight.
(7) Certification process.--
(A) In general.--Not later than 1 year after
the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall
determine whether or not each State safety
oversight program meets the requirements of
this subsection and the State safety oversight
program is adequate to promote the purposes of
this section.
(B) Issuance of certifications and denials.--
The Secretary shall issue a certification to
each eligible State that the Secretary
determines under subparagraph (A) adequately
meets the requirements of this subsection, and
shall issue a denial of certification to each
eligible State that the Secretary determines
under subparagraph (A) does not adequately meet
the requirements of this subsection.
(C) Disapproval.--If the Secretary determines
that a State safety oversight program does not
meet the requirements of this subsection and
denies certification, the Secretary shall
transmit to the eligible State a written
explanation and allow the eligible State to
modify and resubmit the State safety oversight
program for approval.
(D) Failure to correct.--If the Secretary
determines that a modification by an eligible
State of the State safety oversight program is
not sufficient to certify the program, the
Secretary--
(i) shall notify the Governor of the
eligible State of such denial of
certification and failure to adequately
modify the program, and shall request
that the Governor take all possible
actions to correct deficiencies in the
program to ensure the certification of
the program; and
(ii) may--
(I) withhold funds available
under paragraph (6) in an
amount determined by the
Secretary;
(II) withhold not more than 5
percent of the amount required
to be appropriated for use in a
State or urbanized area in the
State under section 5307 of
this title, until the State
safety oversight program has
been certified; or
(III) require fixed guideway
public transportation systems
under such State safety
oversight program to provide up
to 100 percent of Federal
assistance made available under
this chapter only for safety-
related improvements on such
systems, until the State safety
oversight program has been
certified.
(8) Evaluation of program and annual report.--The
Secretary shall continually evaluate the implementation
of a State safety oversight program by a State safety
oversight agency, and shall submit on or before July 1
of each year to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on--
(A) the amount of funds apportioned to each
eligible State; and
(B) the certification status of each State
safety oversight program, including what steps
a State program that has been denied
certification must take in order to be
certified.
(9) Federal oversight.--The Secretary shall--
(A) oversee the implementation of each State
safety oversight program under this subsection;
(B) audit the operations of each State safety
oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
[(f) Authority of Secretary.--In carrying out this section,
the Secretary may--
[(1) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities,
rolling stock, and operations of the public
transportation system of a recipient;
[(2) make reports and issue directives with respect
to the safety of the public transportation system of a
recipient;
[(3) in conjunction with an accident investigation or
an investigation into a pattern or practice of conduct
that negatively affects public safety, issue a subpoena
to, and take the deposition of, any employee of a
recipient or a State safety oversight agency, if--
[(A) before the issuance of the subpoena, the
Secretary requests a determination by the
Attorney General of the United States as to
whether the subpoena will interfere with an
ongoing criminal investigation; and
[(B) the Attorney General--
[(i) determines that the subpoena
will not interfere with an ongoing
criminal investigation; or
[(ii) fails to make a determination
under clause (i) before the date that
is 30 days after the date on which the
Secretary makes a request under
subparagraph (A);
[(4) require the production of documents by, and
prescribe recordkeeping and reporting requirements for,
a recipient or a State safety oversight agency;
[(5) investigate public transportation accidents and
incidents and provide guidance to recipients regarding
prevention of accidents and incidents;
[(6) at reasonable times and in a reasonable manner,
enter and inspect equipment, facilities, rolling stock,
operations, and relevant records of the public
transportation system of a recipient; and
[(7) issue rules to carry out this section.]
(f) Authority of Secretary.--
(1) In general.--In carrying out this section, the
Secretary may--
(A) conduct inspections, investigations,
audits, examinations, and testing of the
equipment, facilities, rolling stock, and
operations of the public transportation system
of a recipient;
(B) make reports and issue directives with
respect to the safety of the public
transportation system of a recipient or the
public transportation industry generally;
(C) in conjunction with an accident
investigation or an investigation into a
pattern or practice of conduct that negatively
affects public safety, issue a subpoena to, and
take the deposition of, any employee of a
recipient or a State safety oversight agency,
if--
(i) before the issuance of the
subpoena, the Secretary requests a
determination by the Attorney General
as to whether the subpoena will
interfere with an ongoing criminal
investigation; and
(ii) the Attorney General--
(I) determines that the
subpoena will not interfere
with an ongoing criminal
investigation; or
(II) fails to make a
determination under clause (i)
before the date that is 30 days
after the date on which the
Secretary makes a request under
clause (i);
(D) require the production of documents by,
and prescribe recordkeeping and reporting
requirements for, a recipient or a State safety
oversight agency;
(E) investigate public transportation
accidents and incidents and provide guidance to
recipients regarding prevention of accidents
and incidents;
(F) at reasonable times and in a reasonable
manner, enter and inspect relevant records of
the public transportation system of a
recipient; and
(G) issue rules to carry out this section.
(2) Additional authority.--
(A) Administration of state safety oversight
activities.--If the Secretary finds that a
State safety oversight agency that oversees a
rail fixed guideway system operating in more
than 2 States has become incapable of providing
adequate safety oversight of such system, the
Secretary may administer State safety oversight
activities for such rail fixed guideway system
until the States develop a State safety
oversight program certified by the Secretary in
accordance with subsection (e).
(B) Funding.--To carry out administrative and
oversight activities authorized by this
paragraph, the Secretary may use--
(i) grant funds apportioned to an
eligible State under subsection (e)(6)
to develop or carry out a State safety
oversight program; and
(ii) grant funds apportioned to an
eligible State under subsection (e)(6)
that have not been obligated within the
administrative period of availability.
(g) Enforcement Actions.--
(1) Types of enforcement actions.--The Secretary may
take enforcement action against [an eligible State, as
defined in subsection (e),] a recipient that does not
comply with Federal law with respect to the safety of
the public transportation system, including--
(A) issuing directives;
(B) requiring more frequent oversight of the
recipient by a State safety oversight agency or
the Secretary;
(C) imposing more frequent reporting
requirements; [and]
(D) requiring that any Federal financial
assistance provided under this chapter be spent
on correcting safety deficiencies identified by
the Secretary or the State safety oversight
agency before such funds are spent on other
projects[.]; or
(E) withholding not more than 25 percent of
financial assistance under section 5307.
(2) Use or withholding of funds.--
(A) In general.--The Secretary may require
the use of funds or withhold funds in
accordance with paragraph (1)(D) or (1)(E) only
if the Secretary finds that a recipient is
engaged in a pattern or practice of serious
safety violations or has otherwise refused to
comply with Federal law relating to the safety
of the public transportation system.
(B) Limitation.--The Secretary may only
withhold funds in accordance with paragraph
(1)(E), if enforcement actions under
subparagraph (A), (B), (C), or (D) did not
bring the recipient into compliance.
[(B)] (C) Notice.--Before withholding funds
from a recipient, the Secretary shall provide
to the recipient--
(i) written notice of a violation and
the amount proposed to be withheld; and
(ii) a reasonable period of time
within which the recipient may address
the violation or propose and initiate
an alternative means of compliance that
the Secretary determines is acceptable.
(h) Cost-benefit Analysis.--
(1) Analysis required.--In carrying out this section,
the Secretary shall take into consideration the costs
and benefits of each action the Secretary proposes to
take under this section.
(2) Waiver.--The Secretary may waive the requirement
under this subsection if the Secretary determines that
such a waiver is in the public interest.
(i) Consultation by the Secretary of Homeland Security.--The
Secretary of Homeland Security shall consult with the Secretary
of Transportation before the Secretary of Homeland Security
issues a rule or order that the Secretary of Transportation
determines affects the safety of public transportation design,
construction, or operations.
(j) Actions Under State Law.--
(1) Rule of construction.--Nothing in this section
shall be construed to preempt an action under State law
seeking damages for personal injury, death, or property
damage alleging that a party has failed to comply
with--
(A) a Federal standard of care established by
a regulation or order issued by the Secretary
under this section; or
(B) its own program, rule, or standard that
it created pursuant to a rule or order issued
by the Secretary.
(2) Effective date.--This subsection shall apply to
any cause of action under State law arising from an
event or activity occurring on or after the date of
enactment of the Federal Public Transportation Act of
2012.
(3) Jurisdiction.--Nothing in this section shall be
construed to create a cause of action under Federal law
on behalf of an injured party or confer Federal
question jurisdiction for a State law cause of action.
(k) National Public Transportation Safety Report.--Not later
than 3 years after the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(1) analyzes public transportation safety trends
among the States and documents the most effective
safety programs implemented using grants under this
section; and
(2) describes the effect on public transportation
safety of activities carried out using grants under
this section.
* * * * * * *
Sec. 5336. Apportionment of appropriations for formula grants
(a) Based on Urbanized Area Population.--Of the amount
apportioned under [subsection (h)(4)] subsection (g)(5) to
carry out section 5307--
(1) 9.32 percent shall be apportioned each fiscal
year only in urbanized areas with a population of less
than 200,000 so that each of those areas is entitled to
receive an amount equal to--
(A) 50 percent of the total amount
apportioned multiplied by a ratio equal to the
population of the area divided by the total
population of all urbanized areas with
populations of less than 200,000 as shown in
the most recent decennial census; and
(B) 50 percent of the total amount
apportioned multiplied by a ratio for the area
based on population weighted by a factor,
established by the Secretary, of the number of
inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal
year only in urbanized areas with populations of at
least 200,000 as provided in subsections (b) and (c) of
this section.
(b) Based on Fixed Guideway Vehicle Revenue Miles,
Directional Route Miles, and Passenger Miles.--(1) In this
subsection, ``fixed guideway vehicle revenue miles'' and
``fixed guideway directional route miles'' include passenger
ferry operations directly or under contract by the designated
recipient.
(2) Of the amount apportioned under subsection (a)(2) of this
section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned
under this subsection shall be apportioned so that each
urbanized area with a population of at least 200,000 is
entitled to receive an amount equal to--
(i) 60 percent of the 95.61 percent
apportioned under this subparagraph multiplied
by a ratio equal to the number of fixed
guideway vehicle revenue miles attributable to
the area, as established by the Secretary,
divided by the total number of all fixed
guideway vehicle revenue miles attributable to
all areas; and
(ii) 40 percent of the 95.61 percent
apportioned under this subparagraph multiplied
by a ratio equal to the number of fixed
guideway directional route miles attributable
to the area, established by the Secretary,
divided by the total number of all fixed
guideway directional route miles attributable
to all areas.
An urbanized area with a population of at least 750,000
in which commuter rail transportation is provided shall
receive at least .75 percent of the total amount
apportioned under this subparagraph.
(B) 4.39 percent of the total amount apportioned
under this subsection shall be apportioned so that each
urbanized area with a population of at least 200,000 is
entitled to receive an amount equal to--
(i) the number of fixed guideway vehicle
passenger miles traveled multiplied by the
number of fixed guideway vehicle passenger
miles traveled for each dollar of operating
cost in an area; divided by
(ii) the total number of fixed guideway
vehicle passenger miles traveled multiplied by
the total number of fixed guideway vehicle
passenger miles traveled for each dollar of
operating cost in all areas.
An urbanized area with a population of at least 750,000
in which commuter rail transportation is provided shall
receive at least .75 percent of the total amount
apportioned under this subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed
guideway vehicle revenue or directional route miles,
and passengers served on those miles, in an urbanized
area with a population of less than 200,000, where the
miles and passengers served otherwise would be
attributable to an urbanized area with a population of
at least 1,000,000 in an adjacent State, are
attributable to the governmental authority in the State
in which the urbanized area with a population of less
than 200,000 is located. The authority is deemed an
urbanized area with a population of at least 200,000 if
the authority makes a contract for the service.
(D) A recipient's apportionment under subparagraph
(A)(i) of this paragraph may not be reduced if the
recipient, after satisfying the Secretary that energy
or operating efficiencies would be achieved, reduces
vehicle revenue miles but provides the same frequency
of revenue service to the same number of riders.
(E) For purposes of subparagraph (A) and section
5337(c)(3), the Secretary shall deem to be attributable
to an urbanized area not less than [22.27 percent] 27
percent of the fixed guideway vehicle revenue miles or
fixed guideway directional route miles in the public
transportation system of a recipient that are located
outside the urbanized area for which the recipient
receives funds, in addition to the fixed guideway
vehicle revenue miles or fixed guideway directional
route miles of the recipient that are located inside
the urbanized area.
(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--
Of the amount apportioned under subsection (a)(2) of this
section, 66.71 percent shall be apportioned as follows:
(1) 90.8 percent of the total amount apportioned
under this subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent
apportioned under this paragraph shall be
apportioned so that each urbanized area with a
population of at least 1,000,000 is entitled to
receive an amount equal to--
(i) 50 percent of the 73.39 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
total bus vehicle revenue miles
operated in or directly serving the
urbanized area divided by the total bus
vehicle revenue miles attributable to
all areas;
(ii) 25 percent of the 73.39 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
population of the area divided by the
total population of all areas, as shown
in the most recent decennial census;
and
(iii) 25 percent of the 73.39 percent
apportioned under this subparagraph
multiplied by a ratio for the area
based on population weighted by a
factor, established by the Secretary,
of the number of inhabitants in each
square mile.
(B) 26.61 percent of the 90.8 percent
apportioned under this paragraph shall be
apportioned so that each urbanized area with a
population of at least 200,000 but not more
than 999,999 is entitled to receive an amount
equal to--
(i) 50 percent of the 26.61 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
total bus vehicle revenue miles
operated in or directly serving the
urbanized area divided by the total bus
vehicle revenue miles attributable to
all areas;
(ii) 25 percent of the 26.61 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
population of the area divided by the
total population of all areas, as shown
by the most recent decennial census;
and
(iii) 25 percent of the 26.61 percent
apportioned under this subparagraph
multiplied by a ratio for the area
based on population weighted by a
factor, established by the Secretary,
of the number of inhabitants in each
square mile.
(2) 9.2 percent of the total amount apportioned under
this subsection shall be apportioned so that each
urbanized area with a population of at least 200,000 is
entitled to receive an amount equal to--
(A) the number of bus passenger miles
traveled multiplied by the number of bus
passenger miles traveled for each dollar of
operating cost in an area; divided by
(B) the total number of bus passenger miles
traveled multiplied by the total number of bus
passenger miles traveled for each dollar of
operating cost in all areas.
(d) Date of Apportionment.--The Secretary shall--
(1) apportion amounts appropriated under section
5338(a)(2)(C) of this title to carry out section 5307
of this title not later than the 10th day after the
date the amounts are appropriated or October 1 of the
fiscal year for which the amounts are appropriated,
whichever is later; and
(2) publish apportionments of the amounts, including
amounts attributable to each urbanized area with a
population of more than 50,000 and amounts attributable
to each State of a multistate urbanized area, on the
apportionment date.
(e) Amounts Not Apportioned to Designated Recipients.--The
Governor of a State may expend in an urbanized area with a
population of less than 200,000 an amount apportioned under
this section that is not apportioned to a designated recipient,
as defined in section 5302(4).
(f) Transfers of Apportionments.--(1) The Governor of a State
may transfer any part of the State's apportionment under
subsection (a)(1) of this section to supplement amounts
apportioned to the State under section 5311(c)(3). The Governor
may make a transfer only after consulting with responsible
local officials and publicly owned operators of public
transportation in each area for which the amount originally was
apportioned under this section.
(2) The Governor of a State may transfer any part of the
State's apportionment under section 5311(c)(3) to supplement
amounts apportioned to the State under subsection (a)(1) of
this section.
(3) The Governor of a State may use throughout the State
amounts of a State's apportionment remaining available for
obligation at the beginning of the 90-day period before the
period of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a
population of at least 200,000 may transfer a part of its
apportionment under this section to the Governor of a State.
The Governor shall distribute the transferred amounts to
urbanized areas under this section.
(5) Capital and operating assistance limitations applicable
to the original apportionment apply to amounts transferred
under this subsection.
[(g) Period of Availability to Recipients.--An amount
apportioned under this section may be obligated by the
recipient for 5 years after the fiscal year in which the amount
is apportioned. Not later than 30 days after the end of the 5-
year period, an amount that is not obligated at the end of that
period shall be added to the amount that may be apportioned
under this section in the next fiscal year.]
[(h)] (g) Apportionments.--Of the amounts made available for
each fiscal year under section 5338(a)(2)(C)--
(1) $30,000,000 for each fiscal year ending before
October 1, 2015, and $2,377,049 for the period
beginning on October 1, 2015, and ending on October 29,
2015, shall be set aside to carry out section 5307(h);
(2) 3.07 percent shall be apportioned to urbanized
areas in accordance with [subsection (j)] subsection
(i);
[(3) of amounts not apportioned under paragraphs (1)
and (2), 1.5 percent shall be apportioned to urbanized
areas with populations of less than 200,000 in
accordance with subsection (i);]
(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 (h); and
(B) for fiscal years 2019 through 2021, 2
percent shall be apportioned to urbanized areas
with populations of less than 200,000 in
accordance with subsection (h);
(4) 0.5 percent shall be apportioned to eligible
States for State safety oversight program grants in
accordance with section 5329(e)(6); and
(5) any amount not apportioned under paragraphs (1),
(2), (3), and (4) shall be apportioned to urbanized
areas in accordance with subsections (a) through (c).
[(i)] (h) Small Transit Intensive Cities Formula.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible area.--The term ``eligible
area'' means an urbanized area with a
population of less than 200,000 that meets or
exceeds in one or more performance categories
the industry average for all urbanized areas
with a population of at least 200,000 but not
more than 999,999, as determined by the
Secretary in accordance with subsection (c)(2).
(B) Performance category.--The term
``performance category'' means each of the
following:
(i) Passenger miles traveled per
vehicle revenue mile.
(ii) Passenger miles traveled per
vehicle revenue hour.
(iii) Vehicle revenue miles per
capita.
(iv) Vehicle revenue hours per
capita.
(v) Passenger miles traveled per
capita.
(vi) Passengers per capita.
(2) Apportionment.--
(A) Apportionment formula.--The amount to be
apportioned under [subsection (h)(3)]
subsection (g)(3) shall be apportioned among
eligible areas in the ratio that--
(i) the number of performance
categories for which each eligible area
meets or exceeds the industry average
in urbanized areas with a population of
at least 200,000 but not more than
999,999; bears to
(ii) the aggregate number of
performance categories for which all
eligible areas meet or exceed the
industry average in urbanized areas
with a population of at least 200,000
but not more than 999,999.
(B) Data used in formula.--The Secretary
shall calculate apportionments under this
subsection for a fiscal year using data from
the national transit database used to calculate
apportionments for that fiscal year under this
section.
[(j)] (i) Apportionment Formula.--The amounts apportioned
under [subsection (h)(2)] subsection (g)(2) shall be
apportioned among urbanized areas as follows:
(1) 75 percent of the funds shall be apportioned
among designated recipients for urbanized areas with a
population of 200,000 or more in the ratio that--
(A) the number of eligible low-income
individuals in each such urbanized area; bears
to
(B) the number of eligible low-income
individuals in all such urbanized areas.
(2) 25 percent of the funds shall be apportioned
among designated recipients for urbanized areas with a
population of less than 200,000 in the ratio that--
(A) the number of eligible low-income
individuals in each such urbanized area; bears
to
(B) the number of eligible low-income
individuals in all such urbanized areas.
Sec. 5337. State of good repair grants
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Fixed guideway.--The term ``fixed guideway''
means a public transportation facility--
(A) using and occupying a separate right-of-
way for the exclusive use of public
transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(2) State.--The term ``State'' means the 50 States,
the District of Columbia, and Puerto Rico.
(3) State of good repair.--The term ``state of good
repair'' has the meaning given that term by the
Secretary, by rule, under section 5326(b).
(4) Transit asset management plan.--The term
``transit asset management plan'' means a plan
developed by a recipient of funding under this chapter
that--
(A) includes, at a minimum, capital asset
inventories and condition assessments, decision
support tools, and investment prioritization;
and
(B) the recipient certifies that the
recipient complies with the rule issued under
section 5326(d).
(b) General Authority.--
(1) Eligible projects.--The Secretary may make grants
under this section to assist State and local
governmental authorities in financing capital projects
to maintain public transportation systems in a state of
good repair, including projects to replace and
rehabilitate--
(A) rolling stock;
(B) track;
(C) line equipment and structures;
(D) signals and communications;
(E) power equipment and substations;
(F) passenger stations and terminals;
(G) security equipment and systems;
(H) maintenance facilities and equipment;
(I) operational support equipment, including
computer hardware and software;
(J) development and implementation of a
transit asset management plan; and
(K) other replacement and rehabilitation
projects the Secretary determines appropriate.
(2) Inclusion in plan.--A recipient shall include a
project carried out under paragraph (1) in the transit
asset management plan of the recipient upon completion
of the plan.
(c) High Intensity Fixed Guideway State of Good Repair
Formula.--
(1) In general.--Of the amount authorized or made
available under section 5338(a)(2)(I), 97.15 percent
shall be apportioned to recipients in accordance with
this subsection.
(2) Area share.--
(A) In general.--50 percent of the amount
described in paragraph (1) shall be apportioned
for fixed guideway systems in accordance with
this paragraph.
(B) Share.--A recipient shall receive an
amount equal to the amount described in
subparagraph (A), multiplied by the amount the
recipient would have received under this
section, as in effect for fiscal year 2011, if
the amount had been calculated in accordance
with section 5336(b)(1) and using the
definition of the term ``fixed guideway'' under
subsection (a) of this section, as such
sections are in effect on the day after the
date of enactment of the Federal Public
Transportation Act of 2012, and divided by the
total amount apportioned for all areas under
this section for fiscal year 2011.
(C) Recipient.--For purposes of this
paragraph, the term ``recipient'' means an
entity that received funding under this
section, as in effect for fiscal year 2011.
(3) Vehicle revenue miles and directional route
miles.--
(A) In general.--50 percent of the amount
described in paragraph (1) shall be apportioned
to recipients in accordance with this
paragraph.
(B) Vehicle revenue miles.--A recipient in an
urbanized area shall receive an amount equal to
60 percent of the amount described in
subparagraph (A), multiplied by the number of
fixed guideway vehicle revenue miles
attributable to the urbanized area, as
established by the Secretary, divided by the
total number of all fixed guideway vehicle
revenue miles attributable to all urbanized
areas.
(C) Directional route miles.--A recipient in
an urbanized area shall receive an amount equal
to 40 percent of the amount described in
subparagraph (A), multiplied by the number of
fixed guideway directional route miles
attributable to the urbanized area, as
established by the Secretary, divided by the
total number of all fixed guideway directional
route miles attributable to all urbanized
areas.
(4) Limitation.--
(A) In general.--Except as provided in
subparagraph (B), the share of the total amount
apportioned under this subsection that is
apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage
points compared to the share apportioned to the
area under this subsection in the previous
fiscal year.
(B) Special rule for fiscal year 2013.--In
fiscal year 2013, the share of the total amount
apportioned under this subsection that is
apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage
points compared to the share that would have
been apportioned to the area under this
section, as in effect for fiscal year 2011, if
the share had been calculated using the
definition of the term ``fixed guideway'' under
subsection (a) of this section, as in effect on
the day after the date of enactment of the
Federal Public Transportation Act of 2012.
(5) Use of funds.--Amounts made available under this
subsection shall be available for the exclusive use of
fixed guideway projects.
(6) Receiving apportionment.--
(A) In general.--Except as provided in
subparagraph (B), for an area with a fixed
guideway system, the amounts provided under
this subsection shall be apportioned to the
designated recipient for the urbanized area in
which the system operates.
(B) Exception.--An area described in the
amendment made by section 3028(a) of the
Transportation Equity Act for the 21st Century
(Public Law 105-178; 112 Stat. 366) shall
receive an individual apportionment under this
subsection.
(7) Apportionment requirements.--For purposes of
determining the number of fixed guideway vehicle
revenue miles or fixed guideway directional route miles
attributable to an urbanized area for a fiscal year
under this subsection, only segments of fixed guideway
systems placed in revenue service not later than 7
years before the first day of the fiscal year shall be
deemed to be attributable to an urbanized area.
(d) High Intensity Motorbus State of Good Repair.--
(1) Definition.--For purposes of this subsection, the
term ``high intensity motorbus'' means public
transportation that is provided [on a facility with
access for other high-occupancy vehicles] on high-
occupancy vehicle lanes during peak hours.
(2) Apportionment.--Of the amount authorized or made
available under section 5338(a)(2)(I), 2.85 percent
shall be apportioned to urbanized areas for high
intensity motorbus vehicle state of good repair in
accordance with this subsection.
(3) Vehicle revenue miles and directional route
miles.--
(A) In general.--The amount described in
paragraph (2) shall be apportioned to each area
in accordance with this paragraph.
(B) Vehicle revenue miles.--Each area shall
receive an amount equal to 60 percent of the
amount described in subparagraph (A),
multiplied by the number of high intensity
motorbus vehicle revenue miles attributable to
the area, as established by the Secretary,
divided by the total number of all high
intensity motorbus vehicle revenue miles
attributable to all areas.
(C) Directional route miles.--Each area shall
receive an amount equal to 40 percent of the
amount described in subparagraph (A),
multiplied by the number of high intensity
motorbus directional route miles attributable
to the area, as established by the Secretary,
divided by the total number of all high
intensity motorbus directional route miles
attributable to all areas.
(4) Apportionment requirements.--For purposes of
determining the number of high intensity motorbus
vehicle revenue miles or high intensity motorbus
directional route miles attributable to an urbanized
area for a fiscal year under this subsection, only
segments of high intensity motorbus systems placed in
revenue service not later than 7 years before the first
day of the fiscal year shall be deemed to be
attributable to an urbanized area.
(5) Use of funds.--A recipient in an urbanized area
may use any portion of the amount apportioned to the
recipient under this subsection for high intensity
fixed guideway state of good repair projects under
subsection (c) if the recipient demonstrates to the
satisfaction of the Secretary that the high intensity
motorbus public transportation vehicles in the
urbanized area are in a state of good repair.
(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 other
than revenues from providing public
transportation services;
(B) from revenues derived from the sale of
advertising and concessions;
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital; or
(D) from amounts appropriated or otherwise
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
[Sec. 5338. Authorizations
[(a) Formula Grants.--
[(1) In general.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry
out sections 5305, 5307, 5310, 5311, 5318, 5322(d),
5335, 5337, 5339, and 5340, and section 20005(b) of the
Federal Public Transportation Act of 2012,
$8,478,000,000 for fiscal year 2013, $8,595,000,000 for
fiscal year 2014, $8,595,000,000 for fiscal year 2015,
and $681,024,590 for the period beginning on October 1,
2015, and ending on October 29, 2015.
[(2) Allocation of funds.--Of the amounts made
available under paragraph (1)--
[(A) $126,900,000 for fiscal year 2013,
$128,800,000 for fiscal year 2014, $128,800,000
for fiscal 2015, and $10,205,464 for the period
beginning on October 1, 2015, and ending on
October 29, 2015, shall be available to carry
out section 5305;
[(B) $10,000,000 for each of fiscal years
2013 through 2015 and $792,350 for the period
beginning on October 1, 2015, and ending on
October 29, 2015, shall be available to carry
out section 20005(b) of the Federal Public
Transportation Act of 2012;
[(C) $4,397,950,000 for fiscal year 2013,
$4,458,650,000 for fiscal year 2014,
$4,458,650,000 for fiscal year 2015, and
$353,281,011 for the period beginning on
October 1, 2015, and ending on October 29,
2015, shall be allocated in accordance with
section 5336 to provide financial assistance
for urbanized areas under section 5307;
[(D) $254,800,000 for fiscal year 2013,
$258,300,000 for fiscal year 2014, $258,300,000
for fiscal year 2015, and $20,466,393 for the
period beginning on October 1, 2015, and ending
on October 29, 2015, shall be available to
provide financial assistance for services for
the enhanced mobility of seniors and
individuals with disabilities under section
5310;
[(E) $599,500,000 for fiscal year 2013,
$607,800,000 for fiscal year 2014, $607,800,000
for fiscal year 2015, and $48,159,016 for the
period beginning on October 1, 2015, and ending
on October 29, 2015, shall be available to
provide financial assistance for rural areas
under section 5311, of which not less than
$30,000,000 for fiscal year 2013, $30,000,000
for fiscal year 2014, $30,000,000 for fiscal
year 2015, and $2,377,049 for the period
beginning on October 1, 2015, and ending on
October 29, 2015, shall be available to carry
out section 5311(c)(1) and $20,000,000 for
fiscal year 2013, $20,000,000 for fiscal year
2014, $20,000,000 for fiscal year 2015, and
$1,584,699 for the period beginning on October
1, 2015, and ending on October 29, 2015, shall
be available to carry out section 5311(c)(2);
[(F) $3,000,000 for each of fiscal years 2013
through 2015 and $237,705 for the period
beginning on October 1, 2015, and ending on
October 29, 2015, shall be available for bus
testing under section 5318;
[(G) $5,000,000 for each of fiscal years 2013
through 2015 and $396,175 for the period
beginning on October 1, 2015, and ending on
October 29, 2015, shall be available for the
national transit institute under section
5322(d);
[(H) $3,850,000 for each of fiscal years 2013
through 2015 and $305,055 for the period
beginning on October 1, 2015, and ending on
October 29, 2015, shall be available to carry
out section 5335;
[(I) $2,136,300,000 for fiscal year 2013,
$2,165,900,000 for fiscal year 2014,
$2,165,900,000 for fiscal year 2015, and
$171,615,027 for the period beginning on
October 1, 2015, and ending on October 29,
2015, shall be available to carry out section
5337;
[(J) $422,000,000 for fiscal year 2013,
$427,800,000 for fiscal year 2014, $427,800,000
for fiscal year 2015, and $33,896,721 for the
period beginning on October 1, 2015, and ending
on October 29, 2015,shall be available for the
bus and bus facilities program under section
5339; and
[(K) $518,700,000 for fiscal year 2013,
$525,900,000 for fiscal year 2014, $525,900,000
for fiscal year 2015, and $41,669,672 for the
period beginning on October 1, 2015, and ending
on October 29, 2015, shall be allocated in
accordance with section 5340 to provide
financial assistance for urbanized areas under
section 5307 and rural areas under section
5311.
[(b) Research, Development Demonstration and Deployment
Projects.--There are authorized to be appropriated to carry out
section 5312, $70,000,000 for fiscal year 2013, $70,000,000 for
fiscal year 2014, $70,000,000 for fiscal year 2015, and
$5,546,448 for the period beginning on October 1, 2015, and
ending on October 29, 2015.
[(c) Transit Cooperative Research Program.--There are
authorized to be appropriated to carry out section 5313,
$7,000,000 for fiscal year 2013, $7,000,000 for fiscal year
2014, $7,000,000 for fiscal year 2015, and $554,645 for the
period beginning on October 1, 2015, and ending on October 29,
2015.
[(d) Technical Assistance and Standards Development.--There
are authorized to be appropriated to carry out section 5314,
$7,000,000 for fiscal year 2013, $7,000,000 for fiscal year
2014, $7,000,000 for fiscal year 2015, and $554,645 for the
period beginning on October 1, 2015, and ending on October 29,
2015.
[(e) Human Resources and Training.--There are authorized to
be appropriated to carry out subsections (a), (b), (c), and (e)
of section 5322, $5,000,000 for fiscal year 2013, $5,000,000
for fiscal year 2014, $5,000,000 for fiscal year 2015, and
$396,175 for the period beginning on October 1, 2015, and
ending on October 29, 2015.
[(f) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section
5324.
[(g) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309, $1,907,000,000 for
fiscal year 2013, $1,907,000,000 for fiscal year 2014,
$1,907,000,000 for fiscal year 2015, and $151,101,093 for the
period beginning on October 1, 2015, and ending on October 29,
2015.
[(h) Administration.--
[(1) In general.--There are authorized to be
appropriated to carry out section 5334, $104,000,000
for fiscal year 2013, $104,000,000 for fiscal year
2014, $104,000,000 for fiscal year 2015, and $8,240,437
for the period beginning on October 1, 2015,
[and ending on October 29, 2015.
[(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than
$5,000,000 for each of fiscal years 2013 through 2015
and not less than $396,175 for the period beginning on
October 1, 2015, and ending on October 29, 2015, shall
be available to carry out section 5329.
[(3) Section 5326.--Of the amounts made available
under paragraph (2), not less than $1,000,000 for each
of fiscal years 2013 through 2015 and not less than
$79,235 for the period beginning on October 1, 2015,
and ending on October 29, 2015, shall be available to
carry out section 5326.
[(i) 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) 0.75 percent of amounts made available
to carry out section 5337(c).
[(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.
[(j) 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.
[(k) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.
[Sec. 5339. Bus and bus facilities formula grants
[(a) General Authority.--The Secretary may make grants under
this section to assist eligible recipients described in
subsection (c)(1) in financing capital projects--
[(1) to replace, rehabilitate, and purchase buses and
related equipment; and
[(2) to construct bus-related facilities.
[(b) Grant Requirements.--The requirements of section 5307
apply to recipients of grants made under this section.
[(c) Eligible Recipients and Subrecipients.--
[(1) Recipients.--Eligible recipients under this
section are designated recipients that operate fixed
route bus service or that allocate funding to fixed
route bus operators.
[(2) Subrecipients.--A designated recipient that
receives a grant under this section may allocate
amounts of the grant to subrecipients that are public
agencies or private nonprofit organizations engaged in
public transportation.
[(d) Distribution of Grant Funds.--Funds allocated under
section 5338(a)(2)(J) shall be distributed as follows:
[(1) National distribution.--$65,500,000 for each of
fiscal years 2013 through 2015 and $5,189,891 for the
period beginning on October 1, 2015, and ending on
October 29, 2015, shall be allocated to all States and
territories, with each State receiving $1,250,000 for
each such fiscal year and $99,044 for such period and
each territory receiving $500,000 for each such fiscal
year and $39,617 for such period.
[(2) Distribution using population and service
factors.--The remainder of the funds not otherwise
distributed under paragraph (1) shall be allocated
pursuant to the formula set forth in section 5336 other
than subsection (b).
[(e) Transfers of Apportionments.--
[(1) Transfer flexibility for national distribution
funds.--The Governor of a State may transfer any part
of the State's apportionment under subsection (d)(1) to
supplement amounts apportioned to the State under
section 5311(c) of this title or amounts apportioned to
urbanized areas under subsections (a) and (c) of
section 5336 of this title.
[(2) 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 subsection (d)(2)
that are not allocated to designated recipients in
urbanized areas with a population of 200,000 or more.
[(f) Government's Share of Costs.--
[(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net
capital costs of the project. A recipient of a grant
under this section 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
other than revenues from providing public
transportation services;
[(B) from revenues derived from the sale of
advertising and concessions;
[(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital; or
[(D) from amounts received under a service
agreement with a State or local social service
agency or private social service organization.
[(g) Period of Availability to Recipients.--Amounts made
available under this section may be obligated by a recipient
for 3 years after the fiscal year in which the amount is
apportioned. Not later than 30 days after the end of the 3-year
period described in the preceding sentence, any amount that is
not obligated on the last day of that period shall be added to
the amount that may be apportioned under this section in the
next fiscal year.
[(h) Definitions.--For purposes of this section:
[(1) The term ``State'' means a State of the United
States.
[(2) The term ``territory'' means the District of
Columbia, Puerto Rico, the Northern Mariana Islands,
Guam, American Samoa, and the United States Virgin
Islands.]
Sec. 5338. Authorizations
(a) Formula Grants.--
(1) In general.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry
out sections 5305, 5307, 5310, 5311, 5314(c), 5318,
5335, 5337, 5339, and 5340, and section 20005(b) of the
Federal Public Transportation Act of 2012--
(A) $8,723,925,000 for fiscal year 2016;
(B) $8,879,211,000 for fiscal year 2017;
(C) $9,059,459,000 for fiscal year 2018;
(D) $9,240,648,000 for fiscal year 2019;
(E) $9,429,000,000 for fiscal year 2020; and
(F) $9,617,580,000 for fiscal year 2021.
(2) Allocation of funds.--
(A) Section 5305.--Of the amounts made
available under paragraph (1), there shall be
available to carry out section 5305--
(i) $128,800,000 for fiscal year
2016;
(ii) $128,800,000 for fiscal year
2017;
(iii) $131,415,000 for fiscal year
2018;
(iv) $134,043,000 for fiscal year
2019;
(v) $136,775,000 for fiscal year
2020; and
(vi) $139,511,000 for fiscal year
2021.
(B) Pilot program.--$10,000,000 for each of
fiscal years 2016 through 2021, shall be
available to carry out section 20005(b) of the
Federal Public Transportation Act of 2012;
(C) Section 5307.--Of the amounts made
available under paragraph (1), there shall be
allocated in accordance with section 5336 to
provide financial assistance for urbanized
areas under section 5307--
(i) $4,458,650,000 for fiscal year
2016;
(ii) $4,458,650,000 for fiscal year
2017;
(iii) $4,549,161,000 for fiscal year
2018;
(iv) $4,640,144,000 for fiscal year
2019;
(v) $4,734,724,000 for fiscal year
2020; and
(vi) $4,829,418,000 for fiscal year
2021.
(D) Section 5310.--Of the amounts made
available under paragraph (1), there shall be
available to provide financial assistance for
services for the enhanced mobility of seniors
and individuals with disabilities under section
5310--
(i) $262,175,000 for fiscal year
2016;
(ii) $266,841,000 for fiscal year
2017;
(iii) $272,258,000 for fiscal year
2018;
(iv) $277,703,000 for fiscal year
2019;
(v) $283,364,000 for fiscal year
2020; and
(vi) $289,031,000 for fiscal year
2021.
(E) Section 5311.--
(i) In general.--Of the amounts made
available under paragraph (1), there
shall be available to provide financial
assistance for rural areas under
section 5311--
(I) $607,800,000 for fiscal
year 2016;
(II) $607,800,000 for fiscal
year 2017;
(III) $620,138,000 for fiscal
year 2018;
(IV) $632,541,000 for fiscal
year 2019;
(V) $645,434,000 for fiscal
year 2020; and
(VI) $658,343,000 for fiscal
year 2021.
(ii) Suballocation.--Of the amounts
made available under clause (i)--
(I) there shall be available
to carry out section 5311(c)(1)
not less than $30,000,000 for
each of fiscal years 2016
through 2021; and
(II) there shall be available
to carry out section 5311(c)(2)
not less than $20,000,000 for
each of fiscal years 2016
through 2021.
(F) Section 5314(c).--Of the amounts made
available under paragraph (1), there shall be
available for the national transit institute
under section 5314(c) $5,000,000 for each of
fiscal years 2016 through 2021.
(G) Section 5318.--Of the amounts made
available under paragraph (1), there shall be
available for bus testing under section 5318
$3,000,000 for each of fiscal years 2016
through 2021.
(H) Section 5335.--Of the amounts made
available under paragraph (1), there shall be
available to carry out section 5335 $3,850,000
for each of fiscal years 2016 through 2021.
(I) Section 5337.--Of the amounts made
available under paragraph (1), there shall be
available to carry out section 5337--
(i) $2,198,389,000 for fiscal year
2016;
(ii) $2,237,520,000 for fiscal year
2017;
(iii) $2,282,941,000 for fiscal year
2018;
(iv) $2,328,600,000 for fiscal year
2019;
(v) $2,376,064,000 for fiscal year
2020; and
(vi) $2,423,585,000 for fiscal year
2021.
(J) Section 5339(c).--Of the amounts made
available under paragraph (1), there shall be
available for bus and bus facilities programs
under section 5339(c)--
(i) $430,000,000 for fiscal year
2016;
(ii) $431,850,000 for fiscal year
2017;
(iii) $445,120,000 for fiscal year
2018;
(iv) $458,459,000 for fiscal year
2019;
(v) $472,326,000 for fiscal year
2020; and
(vi) $486,210,000 for fiscal year
2021.
(K) Section 5339(d).--Of the amounts made
available under paragraph (1), there shall be
available for bus and bus facilities
competitive grants under 5339(d)--
(i) $90,000,000 for fiscal year 2016;
and
(ii) $200,000,000 for each of fiscal
years 2017 through 2021.
(L) Section 5340.--Of the amounts made
available under paragraph (1), there shall be
allocated in accordance with section 5340 to
provide financial assistance for urbanized
areas under section 5307 and rural areas under
section 5311--
(i) $525,900,000 for fiscal year
2016;
(ii) $525,900,000 for fiscal year
2017;
(iii) $536,576,000 for fiscal year
2018;
(iv) $547,307,000 for fiscal year
2019;
(v) $558,463,000 for fiscal year
2020; and
(vi) $569,632,000 for fiscal year
2021.
(b) Research, Development Demonstration and Deployment
Projects.--There are authorized to be appropriated to carry out
section 5312--
(1) $33,495,000 for fiscal year 2016;
(2) $34,091,000 for fiscal year 2017;
(3) $34,783,000 for fiscal year 2018;
(4) $35,479,000 for fiscal year 2019;
(5) $36,202,000 for fiscal year 2020; and
(6) $36,926,000 for fiscal year 2021.
(c) Technical Assistance, Standards, and Workforce
Development.--There are authorized to be appropriated to carry
out section 5314--
(1) $6,156,000 for fiscal year 2016;
(2) $8,152,000 for fiscal year 2017;
(3) $10,468,000 for fiscal year 2018;
(4) $12,796,000 for fiscal year 2019;
(5) $15,216,000 for fiscal year 2020; and
(6) $17,639,000 for fiscal year 2021.
(d) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309--
(1) $2,029,000,000 for fiscal year 2016;
(2) $2,065,000,000 for fiscal year 2017;
(3) $2,106,000,000 for fiscal year 2018;
(4) $2,149,000,000 for fiscal year 2019;
(5) $2,193,000,000 for fiscal year 2020; and
(6) $2,237,000,000 for fiscal year 2021.
(e) Administration.--
(1) In general.--There are authorized to be
appropriated to carry out section 5334, $105,933,000
for fiscal years 2016 through 2021.
(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than
$4,500,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5329.
(3) Section 5326.--Of the amounts made available
under paragraph (1), not less than $1,000,000 for each
of fiscal years 2016 through 2021 shall be available to
carry out section 5326.
(f) Period of Availability.--Amounts made available by or
appropriated under this section shall remain available for
obligation for a period of 3 years after the last day of the
fiscal year for which the funds are authorized.
(g) Grants as Contractual Obligations.--
(1) Grants financed from highway trust fund.--A grant
or contract that is approved by the Secretary and
financed with amounts made available from the Mass
Transit Account of the Highway Trust Fund pursuant to
this section is a contractual obligation of the
Government to pay the Government share of the cost of
the project.
(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed
with amounts appropriated in advance from the general
fund of the Treasury pursuant to this section is a
contractual obligation of the Government to pay the
Government share of the cost of the project only to the
extent that amounts are appropriated for such purpose
by an Act of Congress.
(h) Oversight.--
(1) In general.--Of the amounts made available to
carry out this chapter for a fiscal year, the Secretary
may use not more than the following amounts for the
activities described in paragraph (2):
(A) 0.5 percent of amounts made available to
carry out section 5305.
(B) 0.75 percent of amounts made available to
carry out section 5307.
(C) 1 percent of amounts made available to
carry out section 5309.
(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; 122 Stat. 4968).
(E) 0.5 percent of amounts made available to
carry out section 5310.
(F) 0.5 percent of amounts made available to
carry out section 5311.
(G) 0.75 percent of amounts made available to
carry out section 5337(c), of which not less
than 0.25 percent shall be available to carry
out section 5329.
(H) 0.75 percent of amounts made available to
carry out section 5339.
(2) Activities.--The activities described in this
paragraph are as follows:
(A) Activities to oversee the construction of
a major capital project.
(B) Activities to review and audit the safety
and security, procurement, management, and
financial compliance of a recipient or
subrecipient of funds under this chapter.
(C) Activities to provide technical
assistance generally, and to provide technical
assistance to correct deficiencies identified
in compliance reviews and audits carried out
under this section.
(3) Government share of costs.--The Government shall
pay the entire cost of carrying out a contract under
this subsection.
(4) Availability of certain funds.--Funds made
available under paragraph (1)(C) shall be available to
the Secretary before allocating the funds appropriated
to carry out any project under a full funding grant
agreement.
Sec. 5339. Bus and bus facility grants
(a) General Authority.--The Secretary may make grants under
this section to assist eligible recipients described in
subsection (b)(1) in financing capital projects--
(1) to replace, rehabilitate, and purchase buses and
related equipment; and
(2) to construct bus-related facilities.
(b) Eligible Recipients and Subrecipients.--
(1) Recipients.--Eligible recipients under this
section are designated recipients that operate fixed
route bus service or that allocate funding to fixed
route bus operators.
(2) Subrecipients.--A designated recipient that
receives a grant under this section may allocate
amounts of the grant to subrecipients that are public
agencies or private nonprofit organizations engaged in
public transportation.
(c) Formula Grant Distribution of Funds.--
(1) In general.--Funds made available for making
grants under this subsection shall be distributed as
follows:
(A) National distribution.--$65,500,000 for
each of fiscal years 2016 through 2021 shall be
allocated to all States and territories, with
each State receiving $1,250,000, 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 paragraph (1) shall
be allocated pursuant to the formula set forth
in section 5336 (other than subsection (b) of
that section).
(2) 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 subparagraph (A) to
supplement--
(i) amounts apportioned to the State
under section 5311(c); or
(ii) 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 (1)(B) that are not
allocated to designated recipients in urbanized
areas with a population of 200,000 or more.
(3) Period of availability to recipients.--
(A) In general.--Amounts made available under
this subsection may be obligated by a recipient
for 3 years after the fiscal year in which the
amount is apportioned.
(B) Reapportionment of unobligated amounts.--
Not later than 30 days after the end of the 3-
year period described in subparagraph (A), any
amount that is not obligated on the last day of
that period shall be added to the amount that
may be apportioned under this subsection in the
next fiscal year.
(4) Pilot program for cost-effective capital
investment.--
(A) In general.--For each of fiscal years
2016 through 2021, the Secretary shall carry
out a pilot program under which an eligible
designated recipient (as described in
subsection (c)(1)) 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
designated 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.
A designated 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
designated recipients participating in the
State's pool for that fiscal year pursuant to
the formula referred to in paragraph (1).
(E) Allocations to designated 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
designated 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
2021 to ensure that a designated 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 designated
recipient for that period pursuant to the
formula referred to in paragraph (1).
(G) Grants.--The Secretary shall make grants
under this subsection for a fiscal year to a
designated recipient participating in a State
pool following notification by the State of the
allocation amount determined under subparagraph
(E).
(d) Competitive Grants for Bus State of Good Repair.--
(1) In general.--The Secretary may make grants under
this subsection to eligible recipients described in
subsection (b)(1) to assist in financing capital
projects described in subsection (a).
(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 of an eligible recipient.
(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 in an
urbanized area in a State.
(4) Requirements for 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) Availability of funds.--Any amounts made
available to carry out this subsection--
(A) shall remain available for 2 fiscal years
after the fiscal year for which the amount is
made available; and
(B) following the period of availability
shall be made available to be apportioned under
subsection (c) for the following fiscal year.
(6) Limitation.--Of the amounts made available under
this subsection, not more than 15 percent in fiscal
year 2016 and not more than 5 percent in each of fiscal
years 2017 through 2021 may be awarded to a single
recipient.
(7) Grant flexibility.--If the Secretary determines
that there are not sufficient grant applications that
meet the metrics described in paragraph (4)(A) to
utilize the full amount of funds made available to
carry out this subsection for a fiscal year, the
Secretary may use the remainder of the funds for making
apportionments under sections 5307 and 5311.
(e) Generally Applicable Provisions.--
(1) Grant requirements.--A grant under this section
shall be subject to the requirements of--
(A) section 5307 for recipients of grants
made in urbanized areas; and
(B) section 5311 for recipients of grants
made in rural areas.
(2) Government's share of costs.--
(A) Capital projects.--A grant for a capital
project under this section shall be for 80
percent of the net capital costs of the
project. A recipient of a grant under this
section may provide additional local matching
amounts.
(B) Remaining costs.--The remainder of the
net project cost shall be provided--
(i) in cash from non-Government
sources other than revenues from
providing public transportation
services;
(ii) from revenues derived from the
sale of advertising and concessions;
(iii) from an undistributed cash
surplus, a replacement or depreciation
cash fund or reserve, or new capital;
or
(iv) from amounts received under a
service agreement with a State or local
social service agency or private social
service organization.
(f) Definitions.--In this section, the following definitions
apply:
(1) State.--The term ``State'' means a State of the
United States.
(2) Territory.--The term ``territory'' means the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the United States
Virgin Islands.
* * * * * * *
CHAPTER 55--INTERMODAL TRANSPORTATION
SUBCHAPTER I--GENERAL
Sec.
5501. National Intermodal Transportation System policy.
* * * * * * *
[5503. Office of Intermodalism.]
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
[Sec. 5503. Office of Intermodalism
[(a) Establishment.--There is established in the Research
Office of the Assistant Secretary for Research and Technology
of the Department of Transportation an Office of Intermodalism.
[(b) Director.--The head of the Office is a Director who
shall be appointed by the Secretary.
[(c) Duties and Powers.--The Director shall carry out the
duties of the Secretary described in section 301(3) of this
title.
[(d) Research.--The Director shall--
[(1) coordinate United States Government research on
intermodal transportation as provided in the plan
developed under section 6009(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public
Law 102-240, 105 Stat. 2177); and
[(2) carry out additional research needs identified
by the Director.
[(e) Technical Assistance.--The Director shall provide
technical assistance to States and to metropolitan planning
organizations for urban areas having a population of at least
1,000,000 in collecting data related to intermodal
transportation to facilitate the collection of the data by
States and metropolitan planning organizations. Amounts
reserved under section 5504(d) not awarded to States as grants
may be used by the Director to provide technical assistance
under this subsection.
[(f) National Intermodal System Improvement Plan.--
[(1) In general.--The Director, in consultation with
the advisory board established under section 5502 and
other public and private transportation interests,
shall develop a plan to improve the national intermodal
transportation system. The plan shall include--
[(A) an assessment and forecast of the
national intermodal transportation system's
impact on mobility, safety, energy consumption,
the environment, technology, international
trade, economic activity, and quality of life
in the United States;
[(B) an assessment of the operational and
economic attributes of each passenger and
freight mode of transportation and the optimal
role of each mode in the national intermodal
transportation system;
[(C) a description of recommended intermodal
and multimodal research and development
projects;
[(D) a description of emerging trends that
have an impact on the national intermodal
transportation system;
[(E) recommendations for improving intermodal
policy, transportation decision-making, and
financing to maximize mobility and the return
on investment of Federal spending on
transportation;
[(F) an estimate of the impact of current
Federal and State transportation policy on the
national intermodal transportation system; and
[(G) specific near and long-term goals for
the national intermodal transportation system.
[(2) Progress reports.--The Director shall submit an
initial report on the plan to improve the national
intermodal transportation system 2 years after the date
of enactment of the Motor Carrier Safety
Reauthorization Act of 2005, and a follow-up report 2
years after that, to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives. The progress report shall--
[(A) describe progress made toward achieving
the plan's goals;
[(B) describe challenges and obstacles to
achieving the plan's goals;
[(C) update the plan to reflect changed
circumstances or new developments; and
[(D) make policy and legislative
recommendations the Director believes are
necessary and appropriate to achieve the goals
of the plan.
[(3) Plan development funding.--Such sums as may be
necessary from the administrative expenses of the
Research and Innovative Technology Administration shall
be reserved by the Secretary of Transportation each
year for the purpose of completing and updating the
plan to improve the national intermodal transportation
plan.
[(g) Impact Measurement Methodology; Impact Review.--The
Director and the Director of the Bureau of Transportation
Statistics shall jointly--
[(1) develop, in consultation with the modal
administrations, and State and local planning
organizations, common measures to compare
transportation investment decisions across the various
modes of transportation; and
[(2) formulate a methodology for measuring the impact
of intermodal transportation on--
[(A) the environment;
[(B) public health and welfare;
[(C) energy consumption;
[(D) the operation and efficiency of the
transportation system;
[(E) congestion, including congestion at the
Nation's ports; and
[(F) the economy and employment.
[(h) Administrative and Clerical Support.--The Director shall
provide administrative and clerical support to the Intermodal
Transportation Advisory Board.
[(i) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of Transportation such sums as
may be necessary for fiscal years 2006 through 2009 to carry
out this chapter.]
* * * * * * *
[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 nonprofit institution 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 nonprofit institution of higher
education or the lead institution of a consortium of
nonprofit institutions of higher education, as
applicable, that receives a grant for a national
transportation center or a regional transportation
center in a fiscal year shall not be eligible to
receive as a lead institution or member of a consortium
an additional grant in that fiscal year for a national
transportation center or a regional transportation
center.
[(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers,
regional transportation centers, and Tier 1 university
transportation centers with identical advertisement
schedules and deadlines.
[(4) General selection criteria.--
[(A) In general.--Except as otherwise
provided by this section, the Secretary shall
award grants under this section in nonexclusive
candidate topic areas established by the
Secretary that address the research priorities
identified in section 503 of title 23.
[(B) Criteria.--The Secretary, in
consultation as appropriate with the
Administrators of the Federal Highway
Administration and the Federal Transit
Administration, shall select each recipient of
a grant under this section through a
competitive process based on the assessment of
the Secretary relating to--
[(i) the demonstrated ability of the
recipient to address each specific
topic area described in the research
and strategic plans of the recipient;
[(ii) the demonstrated research,
technology transfer, and education
resources available to the recipient to
carry out this section;
[(iii) the ability of the recipient
to provide leadership in solving
immediate and long-range national and
regional transportation problems;
[(iv) the ability of the recipient to
carry out research, education, and
technology transfer activities that are
multimodal and multidisciplinary in
scope;
[(v) the demonstrated commitment of
the recipient to carry out
transportation workforce development
programs through--
[(I) degree-granting
programs; and
[(II) outreach activities to
attract new entrants into the
transportation field;
[(vi) the demonstrated ability of the
recipient to disseminate results and
spur the implementation of
transportation research and education
programs through national or statewide
continuing education programs;
[(vii) the demonstrated commitment of
the recipient to the use of peer review
principles and other research best
practices in the selection, management,
and dissemination of research projects;
[(viii) the strategic plan submitted
by the recipient describing the
proposed research to be carried out by
the recipient and the performance
metrics to be used in assessing the
performance of the recipient in meeting
the stated research, technology
transfer, education, and outreach
goals; and
[(ix) the ability of the recipient to
implement the proposed program in a
cost-efficient manner, such as through
cost sharing and overall reduced
overhead, facilities, and
administrative costs.
[(5) Transparency.--
[(A) In general.--The Secretary shall provide
to each applicant, upon request, any materials,
including copies of reviews (with any
information that would identify a reviewer
redacted), used in the evaluation process of
the proposal of the applicant.
[(B) Reports.--The Secretary shall submit to
the Committees on Transportation and
Infrastructure and Science, Space, and
Technology of the House of Representatives and
the Committee on Environment and Public Works
of the Senate a report describing the overall
review process under paragraph (3) that
includes--
[(i) specific criteria of evaluation
used in the review;
[(ii) descriptions of the review
process; and
[(iii) explanations of the selected
awards.
[(6) Outside stakeholders.--The Secretary shall, to
the maximum extent practicable, consult external
stakeholders such as the Transportation Research Board
of the National Academy of Sciences to evaluate and
competitively review all proposals.
[(c) Grants.--
[(1) In general.--Not later than 1 year after the
date of enactment of the Transportation Research and
Innovative Technology Act of 2012, the Secretary, in
consultation as appropriate with the Administrators of
the Federal Highway Administration and the Federal
Transit Administration, shall select grant recipients
under subsection (b) and make grant amounts available
to the selected recipients.
[(2) National transportation centers.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall provide grants to 5
recipients that the Secretary determines best
meet the criteria described in subsection
(b)(3).
[(B) Restrictions.--
[(i) In general.--For each fiscal
year, a grant made available under this
paragraph shall be $3,000,000 per
recipient.
[(ii) Focused research.--The grant
recipients under this paragraph shall
focus research on national
transportation issues, as determined by
the Secretary.
[(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 section 504(b) or 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 recipients on the
basis of--
[(i) the criteria described in
subsection (b)(3);
[(ii) the location of the center
within the Federal region to be served;
and
[(iii) whether the institution (or,
in the case of consortium of
institutions, the lead institution)
demonstrates that the institution has a
well-established, nationally recognized
program in transportation research and
education, as evidenced by--
[(I) recent expenditures by
the institution in highway or
public transportation research;
[(II) a historical track
record of awarding graduate
degrees in professional fields
closely related to highways and
public transportation; and
[(III) an experienced faculty
who specialize in professional
fields closely related to
highways and public
transportation.
[(C) Restrictions.--For each fiscal year, a
grant made available under this paragraph shall
be $2,750,000 for each 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 the clause (i) may
include amounts made available to the
recipient under section 504(b) or 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.
[(4) Tier 1 university transportation centers.--
[(A) In general.--The Secretary shall provide
grants of $1,500,000 each to not more than 20
recipients to carry out this paragraph.
[(B) Restriction.--A lead institution of a
consortium that receives a grant under
paragraph (2) or (3) shall not be eligible to
receive a grant under this paragraph.
[(C) Matching requirement.--
[(i) In general.--Subject to clause
(iii), 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 section 504(b) or 505 of title
23.
[(iii) Exemption.--This subparagraph
shall not apply on a demonstration of
financial hardship by the applicant
institution.
[(D) Focused research.--In awarding grants
under this paragraph, 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 an
information clearinghouse.
[(2) Annual review and evaluation.--Not less
frequently than annually, and consistent with the plan
developed under section 508 of title 23, the Secretary
shall--
[(A) review and evaluate the programs carried
out under this section by grant recipients; and
[(B) submit to the Committees on
Transportation and Infrastructure and Science,
Space, and Technology of the House of
Representatives and the Committee on
Environment and Public Works of the Senate a
report describing that review and evaluation.
[(3) Program evaluation and oversight.--For each of
fiscal years 2013 and 2014, the Secretary shall expend
not more than 1 \1/ 2\ 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 appropriated.
[(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. 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) Limitation.--A lead institution of a consortium
of nonprofit institutions of higher education, as
applicable, may only submit 1 grant application per
fiscal year for each of the transportation centers
described under paragraphs (2), (3), and (4) of
subsection (c).
(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers,
regional transportation centers, and Tier 1 university
transportation centers with identical advertisement
schedules and deadlines.
(4) General selection criteria.--
(A) In general.--Except as otherwise provided
by this section, the Secretary shall award
grants under this section in nonexclusive
candidate topic areas established by the
Secretary that address the research priorities
identified in section 503 of title 23.
(B) Criteria.--The Secretary, in consultation
with the Assistant Secretary for Research and
Technology and the Administrator of the Federal
Highway Administration, shall select each
recipient of a grant under this section through
a competitive process based on the assessment
of the Secretary relating to--
(i) the demonstrated ability of the
recipient to address each specific
topic area described in the research
and strategic plans of the recipient;
(ii) the demonstrated research,
technology transfer, and education
resources available to the recipient to
carry out this section;
(iii) the ability of the recipient to
provide leadership in solving immediate
and long-range national and regional
transportation problems;
(iv) the ability of the recipient to
carry out research, education, and
technology transfer activities that are
multimodal and multidisciplinary in
scope;
(v) the demonstrated commitment of
the recipient to carry out
transportation workforce development
programs through--
(I) degree-granting programs
or programs that provide other
industry-recognized
credentials; and
(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 (3) that
includes--
(i) specific criteria of evaluation
used in the review;
(ii) descriptions of the review
process; and
(iii) explanations of the selected
awards.
(6) Outside stakeholders.--The Secretary shall, to
the maximum extent practicable, consult external
stakeholders such as the Transportation Research Board
of the National Research Council of the National
Academies to evaluate and competitively review all
proposals.
(c) Grants.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary, Assistant
Secretary for Research and Technology, and the
Administrator of the Federal Highway Administration
shall select grant recipients under subsection (b) and
make grant amounts available to the selected
recipients.
(2) National transportation centers.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall provide grants to 5
consortia that the Secretary determines best
meet the criteria described in subsection
(b)(4).
(B) Restrictions.--
(i) In general.--For each fiscal
year, a grant made available under this
paragraph shall be not greater than
$4,000,000 and not less than $2,000,000
per recipient.
(ii) Focused research.--A consortium
receiving a grant under this paragraph
shall focus research on 1 of the
transportation issue areas specified in
section 508(a)(2) of title 23.
(C) Matching requirement.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match 100
percent of the amounts made available
under the grant.
(ii) Sources.--The matching amounts
referred to in clause (i) may include
amounts made available to the recipient
under--
(I) section 504(b) of title
23; or
(II) section 505 of title 23.
(3) Regional university transportation centers.--
(A) Location of regional centers.--One
regional university transportation center shall
be located in each of the 10 Federal regions
that comprise the Standard Federal Regions
established by the Office of Management and
Budget in the document entitled ``Standard
Federal Regions'' and dated April 1974
(circular A-105).
(B) Selection criteria.--In conducting a
competition under subsection (b), the Secretary
shall provide grants to 10 consortia on the
basis of--
(i) the criteria described in
subsection (b)(4);
(ii) the location of the lead center
within the Federal region to be served;
and
(iii) whether the consortium of
institutions demonstrates that the
consortium has a well-established,
nationally recognized program in
transportation research and education,
as evidenced by--
(I) recent expenditures by
the institution in highway or
public transportation research;
(II) a historical track
record of awarding graduate
degrees in professional fields
closely related to highways and
public transportation; and
(III) an experienced faculty
who specialize in professional
fields closely related to
highways and public
transportation.
(C) Restrictions.--For each fiscal year, a
grant made available under this paragraph shall
be not greater than $3,000,000 and not less
than $1,500,000 per recipient.
(D) Matching requirements.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match 100
percent of the amounts made available
under the grant.
(ii) Sources.--The matching amounts
referred to in clause (i) may include
amounts made available to the recipient
under--
(I) section 504(b) of title
23; or
(II) section 505 of title 23.
(E) Focused research.--The Secretary shall
make a grant to 1 of the 10 regional university
transportation centers established under this
paragraph for the purpose of furthering the
objectives described in subsection (a)(2) in
the field of comprehensive transportation
safety.
(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 508 of title 23, the Secretary
shall--
(A) review and evaluate the programs carried
out under this section by grant recipients; and
(B) submit to the Committees on
Transportation and Infrastructure and Science,
Space, and Technology of the House of
Representatives and the Committee on
Environment and Public Works of the Senate a
report describing that review and evaluation.
(3) Program evaluation and oversight.--For each of
fiscal years 2016 through 2021, the Secretary shall
expend not more than 1 and a half percent of the
amounts made available to the Secretary to carry out
this section for any coordination, evaluation, and
oversight activities of the Secretary under this
section.
(e) Limitation on Availability of Amounts.--Amounts made
available to the Secretary to carry out this section shall
remain available for obligation by the Secretary for a period
of 3 years after the last day of the fiscal year for which the
amounts are authorized.
(f) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this section, including
customer satisfaction assessments, shall not be subject to
chapter 35 of title 44.
* * * * * * *
CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS
* * * * * * *
Sec. 6302. Bureau of Transportation Statistics
[(a) Establishment.--There is established in the Office of
the Assistant Secretary for Research and Technology of the
Department of Transportation the Bureau of Transportation
Statistics.]
(a) In General.--There shall be within the Department of
Transportation the Bureau of Transportation Statistics.
(b) Director.--
(1) Appointment.--The Bureau shall be headed by a
Director, who shall be appointed in the competitive
service by the Secretary.
(2) Qualifications.--The Director shall be appointed
from among individuals who are qualified to serve as
the Director by virtue of their training and experience
in the collection, analysis, and use of transportation
statistics.
(3) Duties.--
(A) In general.--The Director shall--
(i) serve as the senior advisor to
the Secretary on data and statistics;
and
(ii) be responsible for carrying out
the duties described in subparagraph
(B).
(B) Duties.--The Director shall--
(i) ensure that the statistics
compiled under clause (vi) are designed
to support transportation
decisionmaking by--
(I) the Federal Government;
(II) State and local
governments;
(III) metropolitan planning
organizations;
(IV) transportation-related
associations;
(V) the private sector,
including the freight
community; and
(VI) the public;
(ii) establish on behalf of the
Secretary a program--
(I) to effectively integrate
safety data across modes; and
(II) to address gaps in
existing safety data programs
of the Department;
(iii) work with the operating
administrations of the Department--
(I) to establish and
implement the data programs of
the Bureau; and
(II) to improve the
coordination of information
collection efforts with other
Federal agencies;
(iv) continually improve surveys and
data collection methods of the
Department to improve the accuracy and
utility of transportation statistics;
(v) encourage the standardization of
data, data collection methods, and data
management and storage technologies for
data collected by--
(I) the Bureau;
(II) the operating
administrations of the
Department;
(III) State and local
governments;
(IV) metropolitan planning
organizations; and
(V) private sector entities;
(vi) collect, compile, analyze, and
publish a comprehensive set of
transportation statistics on the
performance and impacts of the national
transportation system, including
statistics on--
(I) transportation safety
across all modes and
intermodally;
(II) the state of good repair
of United States transportation
infrastructure;
(III) the extent,
connectivity, and condition of
the transportation system,
building on the national
transportation atlas database
developed under [section 6310]
section 6309;
(IV) economic efficiency
across the entire
transportation sector;
(V) the effects of the
transportation system on global
and domestic economic
competitiveness;
(VI) demographic, economic,
and other variables influencing
travel behavior, including
choice of transportation mode
and goods movement;
(VII) transportation-related
variables that influence the
domestic economy and global
competitiveness;
(VIII) economic costs and
impacts for passenger travel
and freight movement;
(IX) intermodal and
multimodal passenger movement;
(X) intermodal and multimodal
freight movement; and
(XI) consequences of
transportation for the human
and natural environment;
(vii) develop and improve
transportation economic accounts to
meet demand for methods for estimating
the economic value of transportation
infrastructure, investment, and
services;
(viii) not be required to obtain the
approval of any other officer or
employee of the Department in
connection with the collection or
analysis of any information;
(ix) not be required, prior to
publication, to obtain the approval of
any other officer or employee of the
Federal Government with respect to the
substance of any statistical technical
reports or press releases that the
Director has prepared in accordance
with the law;
[(vii)] (x) build and disseminate the
transportation layer of the National
Spatial Data Infrastructure developed
under Executive Order 12906 (59 Fed.
Reg. 17671) (or a successor Executive
Order), including by coordinating the
development of transportation
geospatial data standards, compiling
intermodal geospatial data, and
collecting geospatial data that is not
being collected by other entities;
[(viii)] (xi) issue guidelines for
the collection of information by the
Department that the Director determines
necessary to develop transportation
statistics and carry out modeling,
economic assessment, and program
assessment activities to ensure that
such information is accurate, reliable,
relevant, uniform, and in a form that
permits systematic analysis by the
Department;
[(ix)] (xii) review and report to the
Secretary on the sources and
reliability of--
(I) the statistics proposed
by the heads of the operating
administrations of the
Department to measure outputs
and outcomes as required by the
Government Performance and
Results Act of 1993 (Public Law
103-62;107 Stat. 285); and
(II) at the request of the
Secretary, any other data
collected or statistical
information published by the
heads of the operating
administrations of the
Department; and
[(x)] (xiii) ensure that the
statistics published under this section
are readily accessible to the public,
consistent with applicable security
constraints and confidentiality
interests.
(c) Access to Federal Data.--In carrying out subsection
(b)(3)(B)(ii), the Director shall be given access to all safety
data that the Director determines necessary to carry out that
subsection that is held by the Department or any other Federal
agency upon written request and subject to any statutory or
regulatory restrictions.
* * * * * * *
Sec. 6311. Research and development grants
The Secretary may make grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private
entities (including State transportation departments,
metropolitan planning organizations, and institutions of higher
education) for--
(1) investigation of the subjects described in
section 6302(b)(3)(B)(vi);
(2) research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
(3) demonstration programs by States, local
governments, and metropolitan planning organizations to
coordinate data collection, reporting, management,
storage, and archiving to simplify data comparisons
across jurisdictions;
(4) development of electronic clearinghouses of
transportation data and related information, as part of
the Library; and
(5) development and improvement of methods for
sharing geographic data, in support of the database
under [section 6310] section 6309 and the National
Spatial Data Infrastructure developed under Executive
Order 12906 (59 Fed. Reg. 17671) (or a successor
Executive Order).
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 139--REGISTRATION
* * * * * * *
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as otherwise provided in this
section, the Secretary of Transportation shall register
a person to provide transportation subject to
jurisdiction under subchapter I of chapter 135 as a
motor carrier using self-propelled vehicles the motor
carrier owns, rents, or leases only if the Secretary
determines that the person--
(A) is willing and able to comply with--
(i) this part and the applicable
regulations of the Secretary and the
Board;
(ii) any safety regulations imposed
by the Secretary;
(iii) the duties of employers and
employees established by the Secretary
under section 31135;
(iv) the safety fitness requirements
established by the Secretary under
section 31144;
(v) the accessibility requirements
established by the Secretary under
subpart H of part 37 of title 49, Code
of Federal Regulations (or successor
regulations), for transportation
provided by an over-the-road bus; and
(vi) the minimum financial
responsibility requirements established
by the Secretary under sections 13906,
31138, and 31139;
(B) has been issued a USDOT number under
section 31134;
(C) has disclosed any relationship involving
common ownership, common management, common
control, or common familial relationship
between that person and any other motor
carrier, freight forwarder, or broker, or any
other applicant for motor carrier, freight
forwarder, or broker registration, if the
relationship occurred in the 3-year period
preceding the date of the filing of the
application for registration; and
(D) after the Secretary establishes a written
proficiency examination pursuant to section
32101(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, has passed the written
proficiency examination.
(2) Additional registration requirements for
household goods motor carriers.--In addition to meeting
the requirements of paragraph (1), the Secretary may
register a person to provide transportation of
household goods as a household goods motor carrier only
after that person--
(A) provides evidence of participation in an
arbitration program and provides a copy of the
notice of the arbitration program as required
by section 14708(b)(2);
(B) identifies its tariff and provides a copy
of the notice of the availability of that
tariff for inspection as required by section
13702(c); and
(C) demonstrates, before being registered,
through successful completion of a proficiency
examination established by the Secretary,
knowledge and intent to comply with applicable
Federal laws relating to consumer protection,
estimating, consumers' rights and
responsibilities, and options for limitations
of liability for loss and damage.
(3) Consideration of evidence; findings.--The
Secretary shall consider, and to the extent applicable,
make findings on any evidence demonstrating that the
registrant is unable to comply with any applicable
requirement of paragraph (1) or, in the case of a
registrant to which paragraph (2) applies, paragraph
(1) or (2).
(4) Withholding.--If the Secretary determines that a
registrant under this section does not meet, or is not
able to meet, any requirement of paragraph (1) or, in
the case of a registrant to which paragraph (2)
applies, paragraph (1) or (2), the Secretary shall
withhold registration.
(5) Limitation on complaints.--The Secretary may hear
a complaint from any person concerning a registration
under this subsection only on the ground that the
registrant fails or will fail to comply with this part,
the applicable regulations of the Secretary and the
Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), the
safety regulations of the Secretary, or the safety
fitness or minimum financial responsibility
requirements of paragraph (1) of this subsection. In
the case of a registration for the transportation of
household goods as a household goods motor carrier, the
Secretary may also hear a complaint on the ground that
the registrant fails or will fail to comply with the
requirements of paragraph (2) of this subsection.
(6) Separate registration required.--A motor carrier
may not broker transportation services unless the motor
carrier has registered as a broker under this chapter.
(b) Motor Carriers of Passengers.--
(1) Registration of private recipients of
governmental assistance.--The Secretary shall register
under subsection (a)(1) a private recipient of
governmental assistance to provide special or charter
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier of passengers if
the Secretary finds that the recipient meets the
requirements of subsection (a)(1), unless the Secretary
finds, on the basis of evidence presented by any person
objecting to the registration, that the transportation
to be provided pursuant to the registration is not in
the public interest.
(2) Registration of public recipients of governmental
assistance.--
(A) Charter transportation.--The Secretary
shall register under subsection (a)(1) a public
recipient of governmental assistance to provide
special or charter transportation subject to
jurisdiction under subchapter I of chapter 135
as a motor carrier of passengers if the
Secretary finds that--
(i) the recipient meets the
requirements of subsection (a)(1); and
(ii)(I) no motor carrier of
passengers (other than a motor carrier
of passengers which is a public
recipient of governmental assistance)
is providing, or is willing to provide,
the transportation; or
(II) the transportation is to be
provided entirely in the area in which
the public recipient provides regularly
scheduled mass transportation services.
(B) Regular-route transportation.--The
Secretary shall register under subsection
(a)(1) a public recipient of governmental
assistance to provide regular-route
transportation subject to jurisdiction under
subchapter I of chapter 135 as a motor carrier
of passengers if the Secretary finds that the
recipient meets the requirements of subsection
(a)(1), unless the Secretary finds, on the
basis of evidence presented by any person
objecting to the registration, that the
transportation to be provided pursuant to the
registration is not in the public interest.
(C) Treatment of certain public recipients.--
Any public recipient of governmental assistance
which is providing or seeking to provide
transportation of passengers subject to
jurisdiction under subchapter I of chapter 135
shall, for purposes of this part, be treated as
a person which is providing or seeking to
provide transportation of passengers subject to
such jurisdiction.
(3) Intrastate transportation by interstate
carriers.--A motor carrier of passengers that is
registered by the Secretary under subsection (a) is
authorized to provide regular-route transportation
entirely in one State as a motor carrier of passengers
if such intrastate transportation is to be provided on
a route over which the carrier provides interstate
transportation of passengers.
(4) Preemption of state regulation regarding certain
service.--No State or political subdivision thereof and
no interstate agency or other political agency of 2 or
more States shall enact or enforce any law, rule,
regulation, standard or other provision having the
force and effect of law relating to the provision of
pickup and delivery of express packages, newspapers, or
mail in a commercial zone if the shipment has had or
will have a prior or subsequent movement by bus in
intrastate commerce and, if a city within the
commercial zone, is served by a motor carrier of
passengers providing regular-route transportation of
passengers subject to jurisdiction under subchapter I
of chapter 135.
(5) Jurisdiction over certain intrastate
transportation.--Subject to section 14501(a), any
intrastate transportation authorized by this subsection
shall be treated as transportation subject to
jurisdiction under subchapter I of chapter 135 until
such time as the carrier takes such action as is
necessary to establish under the laws of such State
rates, rules, and practices applicable to such
transportation, but in no case later than the 30th day
following the date on which the motor carrier of
passengers first begins providing transportation
entirely in one State under this paragraph.
(6) Special operations.--This subsection shall not
apply to any regular-route transportation of passengers
provided entirely in one State which is in the nature
of a special operation.
(7) Suspension or revocation.--Intrastate
transportation authorized under this subsection may be
suspended or revoked by the Secretary under section
13905 of this title at any time.
(8) Definitions.--In this subsection, the following
definitions apply:
(A) Public recipient of governmental
assistance.--The term ``public recipient of
governmental assistance'' means--
(i) any State,
(ii) any municipality or other
political subdivision of a State,
(iii) any public agency or
instrumentality of one or more States
and municipalities and political
subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other
person owned or controlled by any
entity described in clause (i), (ii),
(iii), or (iv),
which before, on, or after January 1, 1996,
received governmental assistance for the
purchase or operation of any bus.
(B) Private recipient of government
assistance.--The term ``private recipient of
government assistance'' means any person (other
than a person described in subparagraph (A))
who before, on, or after January 1, 1996,
received governmental financial assistance in
the form of a subsidy for the purchase, lease,
or operation of any bus.
(c) Restrictions on Motor Carriers Domiciled in or Owned or
Controlled by Nationals of a Contiguous Foreign Country.--
(1) Prevention of discriminatory practices.--If the
President, or the delegate thereof, determines that an
act, policy, or practice of a foreign country
contiguous to the United States, or any political
subdivision or any instrumentality of any such country
is unreasonable or discriminatory and burdens or
restricts United States transportation companies
providing, or seeking to provide, motor carrier
transportation to, from, or within such foreign
country, the President or such delegate may--
(A) seek elimination of such practices
through consultations; or
(B) notwithstanding any other provision of
law, suspend, modify, amend, condition, or
restrict operations, including geographical
restriction of operations, in the United States
by motor carriers of property or passengers
domiciled in such foreign country or owned or
controlled by persons of such foreign country.
(2) Equalization of treatment.--Any action taken
under paragraph (1)(A) to eliminate an act, policy, or
practice shall be so devised so as to equal to the
extent possible the burdens or restrictions imposed by
such foreign country on United States transportation
companies.
(3) Removal or modification.--The President, or the
delegate thereof, may remove or modify in whole or in
part any action taken under paragraph (1)(A) if the
President or such delegate determines that such removal
or modification is consistent with the obligations of
the United States under a trade agreement or with
United States transportation policy.
(4) Protection of existing operations.--Unless and
until the President, or the delegate thereof, makes a
determination under paragraph (1) or (3), nothing in
this subsection shall affect--
(A) operations of motor carriers of property
or passengers domiciled in any contiguous
foreign country or owned or controlled by
persons of any contiguous foreign country
permitted in the commercial zones along the
United States-Mexico border as such zones were
defined on December 31, 1995; or
(B) any existing restrictions on operations
of motor carriers of property or passengers
domiciled in any contiguous foreign country or
owned or controlled by persons of any
contiguous foreign country or any modifications
thereof pursuant to section 6 of the Bus
Regulatory Reform Act of 1982.
(5) Publication; comment.--Unless the President, or
the delegate thereof, determines that expeditious
action is required, the President shall publish in the
Federal Register any determination under paragraph (1)
or (3), together with a description of the facts on
which such a determination is based and any proposed
action to be taken pursuant to paragraph (1)(B) or (3),
and provide an opportunity for public comment.
(6) Delegation to secretary.--The President may
delegate any or all authority under this subsection to
the Secretary, who shall consult with other agencies as
appropriate. In accordance with the directions of the
President, the Secretary may issue regulations to
enforce this subsection.
(7) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce this subsection or a regulation prescribed or
order issued under this subsection. The court may award
appropriate relief, including injunctive relief.
(8) Limitation on statutory construction.--This
subsection shall not be construed as affecting the
requirement for all foreign motor carriers and foreign
motor private carriers operating in the United States
to comply with all applicable laws and regulations
pertaining to fitness, safety of operations, financial
responsibility, and taxes imposed by section 4481 of
the Internal Revenue Code of 1986.
(d) Transition Rule.--
(1) In general.--Pending the implementation of the
rulemaking required by section 13908, the Secretary may
register a person under this section--
(A) as a motor common carrier if such person
would have been issued a certificate to provide
transportation as a motor common carrier under
this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such
person would have been issued a permit to
provide transportation as a motor contract
carrier under this subtitle on such day.
(2) Definitions.--In this subsection, the terms
``motor common carrier'' and ``motor contract carrier''
have the meaning such terms had under section 10102 as
such section was in effect on December 31, 1995.
(3) Termination.--This subsection shall cease to be
in effect on the transition termination date.
(e) Penalties for Failure To Comply With Registration
Requirements.--In addition to other penalties available under
law, motor carriers that fail to register their operations as
required by this section or that operate beyond the scope of
their registrations may be subject to the following penalties:
(1) Out-of-service orders.--If, upon inspection or
investigation, the Secretary determines that a motor
carrier providing transportation requiring registration
under this section is operating without a registration
or beyond the scope of its registration, the Secretary
may order the motor carrier operations out-of-service.
Subsequent to the issuance of the out-of-service order,
the Secretary shall provide an opportunity for review
in accordance with section 554 of title 5, United
States Code; except that such review shall occur not
later than 10 days after issuance of such order.
(2) Permission for operations.--A person domiciled in
a country contiguous to the United States with respect
to which an action under subsection (c)(1)(A) or
(c)(1)(B) is in effect and providing transportation for
which registration is required under this section shall
maintain evidence of such registration in the motor
vehicle when the person is providing the
transportation. The Secretary shall not permit the
operation in interstate commerce in the United States
of any motor vehicle in which there is not a copy of
the registration issued pursuant to this section.
(f) Modification of Carrier Registration.--
(1) In general.--On and after the transition
termination date, the Secretary--
(A) may not register a motor carrier under
this section as a motor common carrier or a
motor contract carrier;
(B) shall register applicants under this
section as motor carriers; and
(C) shall issue any motor carrier registered
under this section after that date a motor
carrier certificate of registration that
specifies whether the holder of the certificate
may provide transportation of persons,
household goods, other property, or any
combination thereof.
(2) Pre-existing certificates and permits.--The
Secretary shall redesignate any motor carrier
certificate or permit issued before the transition
termination date as a motor carrier certificate of
registration. On and after the transition termination
date, any person holding a motor carrier certificate of
registration redesignated under this paragraph may
provide both contract carriage (as defined in section
13102(4)(B)) and transportation under terms and
conditions meeting the requirements of section
13710(a)(1). The Secretary may not, pursuant to any
regulation or form issued before or after the
transition termination date, make any distinction among
holders of motor carrier certificates of registration
on the basis of whether the holder would have been
classified as a common carrier or as a contract carrier
under--
(A) subsection (d) of this section, as that
section was in effect before the transition
termination date; or
(B) any other provision of this title that
was in effect before the transition termination
date.
(3) Transition termination date defined.--In this
section, the term ``transition termination date'' means
the first day of January occurring more than 12 months
after the date of enactment of the Unified Carrier
Registration Act of 2005.
(g) Motor Carrier Defined.--In this section and sections
13905 and 13906, the term ``motor carrier'' includes foreign
motor private carriers.
(h) Update of Registration.--
(1) In general.--The Secretary shall require a
registrant to update its registration under this
section not later than 30 days after a change in the
registrant's address, other contact information,
officers, process agent, or other essential
information, as determined by the Secretary.
(2) Motor carriers of passengers.--In addition to the
requirements of paragraph (1), the Secretary shall
require a motor carrier of passengers to update its
registration information, including numbers of
vehicles, annual mileage, and individuals responsible
for compliance with Federal safety regulations
quarterly for the first 2 years after being issued a
registration under this section.
(i) Registration as Freight Forwarder or Broker Required.--A
motor carrier registered under this chapter--
(1) may only provide transportation of property
with--
(A) self-propelled motor vehicles owned or
leased by the motor carrier; or
(B) interchanges under regulations issued by
the Secretary if the originating carrier--
(i) physically transports the cargo
at some point; and
(ii) retains liability for the cargo
and for payment of interchanged
carriers; and
(2) may not arrange transportation except as
described in paragraph (1) unless the motor carrier has
obtained a separate registration as a freight forwarder
or broker for transportation under section 13903 or
13904, as applicable.
Sec. 13903. Registration of freight forwarders
(a) In General.--The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder if the Secretary determines
that the person--
(1) has sufficient experience to qualify the person
to act as a freight forwarder; and
(2) is fit, willing, and able to provide the service
and to comply with this part and applicable regulations
of the Secretary.
(b) Duration.--A registration issued under subsection (a)
shall only remain in effect while the freight forwarder is in
compliance with section 13906(c).
(c) Experience or Training Requirement.--Each freight
forwarder shall employ, as an officer, an individual who--
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence
of the individual's knowledge of related rules,
regulations, and industry practices.
(d) Registration as Motor Carrier Required.--
[(1) In general.--]A freight forwarder may not
provide transportation as a motor carrier unless the
freight forwarder has registered separately under this
chapter to provide transportation as a motor carrier.
(e) Update of Registration.--The Secretary shall require a
freight forwarder to update its registration under this section
not later than 30 days after a change in the freight
forwarder's address, other contact information, officers,
process agent, or other essential information, as determined by
the Secretary.
* * * * * * *
Sec. 13905. Effective periods of registration
(a) Person Holding ICC Authority.--Any person having
authority to provide transportation or service as a motor
carrier, freight forwarder, or broker under this title, as in
effect on December 31, 1995, shall be deemed, for purposes of
this part, to be registered to provide such transportation or
service under this part.
(b) Person Registered With Secretary.--
(1) In general.--Except as provided in paragraph (2),
any person having registered with the Secretary to
provide transportation or service as a motor carrier or
motor private carrier under this title, as in effect on
January 1, 2005, but not having registered pursuant to
section 13902(a), shall be treated, for purposes of
this part, to be registered to provide such
transportation or service for purposes of sections
13908 and 14504a.
(2) Exclusively intrastate operators.--Paragraph (1)
does not apply to a motor carrier or motor private
carrier (including a transporter of waste or recyclable
materials) engaged exclusively in intrastate
transportation operations.
(c) Effective Period.--
(1) In general.--Except as otherwise provided in this
part, each registration issued under section 13902,
13903, or 13904--
(A) shall be effective beginning on the date
specified by the Secretary; and
(B) shall remain in effect for such period as
the Secretary determines appropriate by
regulation.
(2) Reissuance of registration.--
(A) Requirement.--Not later than 4 years
after the date of enactment of the Commercial
Motor Vehicle Safety Enhancement Act of 2012,
the Secretary shall require a freight forwarder
or broker to renew its registration issued
under this chapter.
(B) Effective period.--Each registration
renewal under subparagraph (A)--
(i) shall expire not later than 5
years after the date of such renewal;
and
(ii) may be further renewed as
provided under this chapter.
(d) Suspension, Amendments, and Revocations.--
(1) Applications.--On application of the registrant,
the Secretary may amend or revoke a registration.
(2) Complaints and actions on secretary's own
initiative.--On complaint or on the Secretary's own
initiative and after notice and an opportunity for a
proceeding, the Secretary may--
(A) suspend, amend, or revoke any part of the
registration of a motor carrier, foreign motor
carrier, foreign motor private carrier, broker,
or freight forwarder for willful failure to
comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board,
including the accessibility
requirements established by the
Secretary under subpart H of part 37 of
title 49, Code of Federal Regulations
(or successor regulations), for
transportation provided by an over-the-
road bus; or
(iii) a condition of its
registration;
(B) withhold, suspend, amend, or revoke any
part of the registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder for
failure--
(i) to pay a civil penalty imposed
under chapter 5, 51, 149, or 311;
(ii) to arrange and abide by an
acceptable payment plan for such civil
penalty, not later than 90 days after
the date specified by order of the
Secretary for the payment of such
penalty; or
(iii) for failure to obey a subpoena
issued by the Secretary;
(C) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder following
a determination by the Secretary that the motor
carrier, broker, or freight forwarder failed to
disclose, in its application for registration,
a material fact relevant to its willingness and
ability to comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board; or
(iii) a condition of its
registration; or
(D) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder if [the
Secretary finds that--]
[(i) the motor carrier,] the
Secretary finds that the motor carrier,
broker, or freight forwarder does not
disclose any relationship through
common ownership, common management,
common control, or common familial
relationship to any other motor
carrier, broker, or freight forwarder,
or any other applicant for motor
carrier, broker, or freight forwarder
registration that the Secretary
determines is or was unwilling or
unable to comply with the relevant
requirements listed in section 13902,
13903, or 13904.
(3) Limitation.--Paragraph (2)(B) shall not apply to
a person who is unable to pay a civil penalty because
the person is a debtor in a case under chapter 11 of
title 11.
(4) Regulations.--Not later than 12 months after the
date of the enactment of this paragraph, the Secretary,
after notice and opportunity for public comment, shall
issue regulations to provide for the suspension,
amendment, or revocation of a registration under this
part for failure to pay a civil penalty as provided in
paragraph (2)(B).
(e) Procedure.--Except on application of the registrant, or
if the Secretary determines that the registrant failed to
disclose a material fact in an application for registration in
accordance with subsection (d)(2)(C), the Secretary may revoke
a registration of a motor carrier, freight forwarder, or
broker, only after--
(1) the Secretary has issued an order to the
registrant under section 14701 requiring compliance
with this part, a regulation of the Secretary, or a
condition of the registration; and
(2) the registrant willfully does not comply with the
order for a period of 30 days.
(f) Expedited Procedure.--
(1) Protection of safety.--Notwithstanding subchapter
II of chapter 5 of title 5, the Secretary--
(A) may suspend the registration of a motor
carrier, a freight forwarder, or a broker for
failure to comply with requirements of the
Secretary pursuant to section 13904(e) or 13906
or an order or regulation of the Secretary
prescribed under those sections; and
(B) shall revoke the registration of a motor
carrier that has been prohibited from operating
in interstate commerce for failure to comply
with the safety fitness requirements of section
31144.
(2) Imminent hazard to public health.--
Notwithstanding subchapter II of chapter 5 of title 5,
the Secretary shall revoke the registration of a motor
carrier if the Secretary finds that the carrier is or
was conducting unsafe operations that are or were an
imminent hazard to public health or property.
(3) Notice; period of suspension.--The Secretary may
suspend or revoke under this subsection the
registration only after giving notice of the suspension
or revocation to the registrant. A suspension remains
in effect until the registrant complies with the
applicable sections or, in the case of a suspension
under paragraph (2), until the Secretary revokes the
suspension.
Sec. 13906. Security of motor carriers, motor private carriers,
brokers, and freight forwarders
(a) Motor Carrier Requirements.--
(1) Liability insurance requirement.--The Secretary
may register a motor carrier under section 13902 only
if the registrant files with the Secretary a bond,
insurance policy, or other type of security approved by
the Secretary, in an amount not less than such amount
as the Secretary prescribes pursuant to, or as is
required by, sections 31138 and 31139, and the laws of
the State or States in which the registrant is
operating, to the extent applicable. The security must
be sufficient to pay, not more than the amount of the
security, for each final judgment against the
registrant for bodily injury to, or death of, an
individual resulting from the negligent operation,
maintenance, or use of motor vehicles, or for loss or
damage to property (except property referred to in
paragraph (3) of this subsection), or both. A
registration remains in effect only as long as the
registrant continues to satisfy the security
requirements of this paragraph.
(2) Security requirement.--Not later than 120 days
after the date of enactment of the Unified Carrier
Registration Act of 2005, any person, other than a
motor private carrier, registered with the Secretary to
provide transportation or service as a motor carrier
under section 13905(b) shall file with the Secretary a
bond, insurance policy, or other type of security
approved by the Secretary, in an amount not less than
required by sections 31138 and 31139.
(3) Agency requirement.--A motor carrier shall comply
with the requirements of sections 13303 and 13304. To
protect the public, the Secretary may require any such
motor carrier to file the type of security that a motor
carrier is required to file under paragraph (1) of this
subsection. This paragraph only applies to a foreign
motor private carrier and foreign motor carrier
operating in the United States to the extent that such
carrier is providing transportation between places in a
foreign country or between a place in one foreign
country and a place in another foreign country.
(4) Transportation insurance.--The Secretary may
require a registered motor carrier to file with the
Secretary a type of security sufficient to pay a
shipper or consignee for damage to property of the
shipper or consignee placed in the possession of the
motor carrier as the result of transportation provided
under this part. A carrier required by law to pay a
shipper or consignee for loss, damage, or default for
which a connecting motor carrier is responsible is
subrogated, to the extent of the amount paid, to the
rights of the shipper or consignee under any such
security.
(b) Broker Financial Security Requirements.--
(1) Requirements.--
(A) In general.--The Secretary may register a
person as a broker under section 13904 only if
the person files with the Secretary a surety
bond, proof of trust fund, or other financial
security, or a combination thereof, in a form
and amount, and from a provider, determined by
the Secretary to be adequate to ensure
financial responsibility.
(B) Use of a group surety bond, trust fund,
or other surety.--In implementing the standards
established by subparagraph (A), the Secretary
may authorize the use of a group surety bond,
trust fund, or other financial security, or a
combination thereof, that meets the
requirements of this subsection.
(C) Proof of trust or other financial
security.--For purposes of subparagraph (A), a
trust fund or other financial security may be
acceptable to the Secretary only if the trust
fund or other financial security consists of
assets readily available to pay claims without
resort to personal guarantees or collection of
pledged accounts receivable.
(2) Scope of financial responsibility.--
(A) Payment of claims.--A surety bond, trust
fund, or other financial security obtained
under paragraph (1) shall be available to pay
any claim against a broker arising from its
failure to pay freight charges under its
contracts, agreements, or arrangements for
transportation subject to jurisdiction under
chapter 135 if--
(i) subject to the review by the
surety provider, the broker consents to
the payment;
(ii) in any case in which the broker
does not respond to adequate notice to
address the validity of the claim, the
surety provider determines that the
claim is valid; or
(iii) the claim is not resolved
within a reasonable period of time
following a reasonable attempt by the
claimant to resolve the claim under
clauses (i) and (ii), and the claim is
reduced to a judgment against the
broker.
(B) Response of surety providers to claims.--
If a surety provider receives notice of a claim
described in subparagraph (A), the surety
provider shall--
(i) respond to the claim on or before
the 30th day following the date on
which the notice was received; and
(ii) in the case of a denial, set
forth in writing for the claimant the
grounds for the denial.
(C) Costs and attorney's fees.--In any action
against a surety provider to recover on a claim
described in subparagraph (A), the prevailing
party shall be entitled to recover its
reasonable costs and attorney's fees.
(3) Minimum financial security.--Each broker subject
to the requirements of this section shall provide
financial security of $75,000 for purposes of this
subsection, regardless of the number of branch offices
or sales agents of the broker.
(4) Cancellation notice.--If a financial security
required under this subsection is canceled--
(A) the holder of the financial security
shall provide electronic notification to the
Secretary of the cancellation not later than 30
days before the effective date of the
cancellation; and
(B) the Secretary shall immediately post such
notification on the public Internet Website of
the Department of Transportation.
(5) Suspension.--The Secretary shall immediately
suspend the registration of a broker issued under this
chapter if the available financial security of that
person falls below the amount required under this
subsection.
(6) Payment of claims in cases of financial failure
or insolvency.--If a broker registered under this
chapter experiences financial failure or insolvency,
the surety provider of the broker shall--
(A) submit a notice to cancel the financial
security to the Administrator in accordance
with paragraph (4);
(B) publicly advertise for claims for 60 days
beginning on the date of publication by the
Secretary of the notice to cancel the financial
security; and
(C) pay, not later than 30 days after the
expiration of the 60-day period for submission
of claims--
(i) all uncontested claims received
during such period; or
(ii) a pro rata share of such claims
if the total amount of such claims
exceeds the financial security
available.
(7) Penalties.--
(A) Civil actions.--Either the Secretary or
the Attorney General of the United States may
bring a civil action in an appropriate district
court of the United States to enforce the
requirements of this subsection or a regulation
prescribed or order issued under this
subsection. The court may award appropriate
relief, including injunctive relief.
(B) Civil penalties.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a broker
registered under this chapter has violated the
requirements of this subsection or a regulation
prescribed under this subsection, the surety
provider shall be liable to the United States
for a civil penalty in an amount not to exceed
$10,000.
(C) Eligibility.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a broker
registered under this chapter has violated the
requirements of this subsection or a regulation
prescribed under this subsection, the surety
provider shall be ineligible to provider broker
financial security for 3 years.
(8) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may
not be reduced by deducting attorney's fees or
administrative costs.
(c) Freight Forwarder Financial Security Requirements.--
(1) Requirements.--
(A) In general.--The Secretary may register a
person as a freight forwarder under section
13903 only if the person files with the
Secretary a surety bond, proof of trust fund,
other financial security, or a combination of
such instruments, in a form and amount, and
from a provider, determined by the Secretary to
be adequate to ensure financial responsibility.
(B) Use of a group surety bond, trust fund,
or other financial security.--In implementing
the standards established under subparagraph
(A), the Secretary may authorize the use of a
group surety bond, trust fund, other financial
security, or a combination of such instruments,
that meets the requirements of this subsection.
(C) Surety bonds.--A surety bond obtained
under this section may only be obtained from a
bonding company that has been approved by the
Secretary of the Treasury.
(D) Proof of trust or other financial
security.--For purposes of subparagraph (A), a
trust fund or other financial security may not
be accepted by the Secretary unless the trust
fund or other financial security consists of
assets readily available to pay claims without
resort to personal guarantees or collection of
pledged accounts receivable.
(2) Scope of financial responsibility.--
(A) Payment of claims.--A surety bond, trust
fund, or other financial security obtained
under paragraph (1) shall be available to pay
any claim against a freight forwarder arising
from its failure to pay freight charges under
its contracts, agreements, or arrangements for
transportation subject to jurisdiction under
chapter 135 if--
(i) subject to the review by the
surety provider, the freight forwarder
consents to the payment;
(ii) in the case the freight
forwarder does not respond to adequate
notice to address the validity of the
claim, the surety provider determines
the claim is valid; or
(iii) the claim--
(I) is not resolved within a
reasonable period of time
following a reasonable attempt
by the claimant to resolve the
claim under clauses (i) and
(ii); and
(II) is reduced to a judgment
against the freight forwarder.
(B) Response of surety providers to claims.--
If a surety provider receives notice of a claim
described in subparagraph (A), the surety
provider shall--
(i) respond to the claim on or before
the 30th day following receipt of the
notice; and
(ii) in the case of a denial, set
forth in writing for the claimant the
grounds for the denial.
(C) Costs and attorney's fees.--In any action
against a surety provider to recover on a claim
described in subparagraph (A), the prevailing
party shall be entitled to recover its
reasonable costs and attorney's fees.
(3) Freight forwarder insurance.--
(A) In general.--The Secretary may register a
person as a freight forwarder under section
13903 only if the person files with the
Secretary a surety bond, insurance policy, or
other type of financial security that meets
standards prescribed by the Secretary.
(B) Liability insurance.--A financial
security filed by a freight forwarder under
subparagraph (A) shall be sufficient to pay an
amount, not to exceed the amount of the
financial security, for each final judgment
against the freight forwarder for bodily injury
to, or death of, an individual, or loss of, or
damage to, property (other than property
referred to in subparagraph (C)), resulting
from the negligent operation, maintenance, or
use of motor vehicles by, or under the
direction and control of, the freight forwarder
while providing transfer, collection, or
delivery service under this part.
(C) Cargo insurance.--The Secretary may
require a registered freight forwarder to file
with the Secretary a surety bond, insurance
policy, or other type of financial security
approved by the Secretary, that will pay an
amount, not to exceed the amount of the
financial security, for loss of, or damage to,
property for which the freight forwarder
provides service.
(4) Minimum financial security.--Each freight
forwarder subject to the requirements of this section
shall provide financial security of $75,000, regardless
of the number of branch offices or sales agents of the
freight forwarder.
(5) Cancellation notice.--If a financial security
required under this subsection is canceled--
(A) the holder of the financial security
shall provide electronic notification to the
Secretary of the cancellation not later than 30
days before the effective date of the
cancellation; and
(B) the Secretary shall immediately post such
notification on the public Internet web site of
the Department of Transportation.
(6) Suspension.--The Secretary shall immediately
suspend the registration of a freight forwarder issued
under this chapter if its available financial security
falls below the amount required under this subsection.
(7) Payment of claims in cases of financial failure
or insolvency.--If a freight forwarder registered under
this chapter experiences financial failure or
insolvency, the surety provider of the freight
forwarder shall--
(A) submit a notice to cancel the financial
security to the Administrator in accordance
with paragraph (5);
(B) publicly advertise for claims for 60 days
beginning on the date of publication by the
Secretary of the notice to cancel the financial
security; and
(C) pay, not later than 30 days after the
expiration of the 60-day period for submission
of claims--
(i) all uncontested claims received
during such period; or
(ii) a pro rata share of such claims
if the total amount of such claims
exceeds the financial security
available.
(8) Penalties.--
(A) Civil actions.--Either the Secretary or
the Attorney General may bring a civil action
in an appropriate district court of the United
States to enforce the requirements of this
subsection or a regulation prescribed or order
issued under this subsection. The court may
award appropriate relief, including injunctive
relief.
(B) Civil penalties.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a freight
forwarder registered under this chapter has
violated the requirements of this subsection or
a regulation prescribed under this subsection,
the surety provider shall be liable to the
United States for a civil penalty in an amount
not to exceed $10,000.
(C) Eligibility.--If the Secretary
determines, after notice and opportunity for a
hearing, that a surety provider of a freight
forwarder registered under this chapter has
violated the requirements of this subsection or
a regulation prescribed under this subsection,
the surety provider shall be ineligible to
provide freight forwarder financial security
for 3 years (9) Deduction of costs prohibited
(d) Type of Insurance.--The Secretary may determine the type
and amount of security filed under this section. A motor
carrier may submit proof of qualifications as a self-insurer to
satisfy the security requirements of this section. The
Secretary shall adopt regulations governing the standards for
approval as a self-insurer. Motor carriers which have been
granted authority to self-insure as of January 1, 1996, shall
retain that authority unless, for good cause shown and after
notice and an opportunity for a hearing, the Secretary finds
that the authority must be revoked.
(e) Notice of Cancellation of Insurance.--The Secretary shall
issue regulations requiring the submission to the Secretary of
notices of insurance cancellation sufficiently in advance of
actual cancellation so as to enable the Secretary to promptly
revoke or suspend the registration of any carrier or broker
after the effective date of the cancellation.
(f) Form of Endorsement.--The Secretary shall also prescribe
the appropriate form of endorsement to be appended to policies
of insurance and surety bonds which will subject the insurance
policy or surety bond to the full security limits of the
coverage required under this section.
* * * * * * *
CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
Sec. 14901. General civil penalties
(a) Reporting and Recordkeeping.--A person required to make a
report to the Secretary or the Board, answer a question, or
make, prepare, or preserve a record under this part concerning
transportation subject to jurisdiction under subchapter I or
III of chapter 135 or transportation by a foreign carrier
registered under section 13902, or an officer, agent, or
employee of that person that--
(1) does not make the report;
(2) does not specifically, completely, and truthfully
answer the question;
(3) does not make, prepare, or preserve the record in
the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less
than $1,000 for each violation and for each additional day the
violation continues; except that, in the case of a person or an
officer, agent, or employee of such person, that does not
comply with section 13901 or section 13902(c) of this title,
the amount of the civil penalty shall not be less than $10,000
for each violation, or $25,000 for each violation relating to
providing transportation of passengers.
(b) Transportation of Hazardous Wastes.--A person subject to
jurisdiction under subchapter I of chapter 135, or an officer,
agent, or employee of that person, and who is required to
comply with section 13901 of this title but does not so comply
with respect to the transportation of hazardous wastes as
defined by the Environmental Protection Agency pursuant to
section 3001 of the Solid Waste Disposal Act (but not including
any waste the regulation of which under the Solid Waste
Disposal Act has been suspended by Congress) shall be liable to
the United States for a civil penalty not less than $20,000,
but not to exceed $40,000 for each violation.
(c) Factors To Consider in Determining Amount.--In
determining and negotiating the amount of a civil penalty under
subsection (a) or (d) concerning transportation of household
goods, the degree of culpability, any history of prior such
conduct, the degree of harm to shipper or shippers, ability to
pay, the effect on ability to do business, whether the shipper
has been adequately compensated before institution of the
proceeding, and such other matters as fairness may require
shall be taken into account.
(d) Protection of Household Goods Shippers.--
(1) In general.--If a carrier providing
transportation of household goods subject to
jurisdiction under subchapter I or III of chapter 135
or a receiver or trustee of such carrier fails or
refuses to comply with any regulation issued by the
Secretary or the Board relating to protection of
individual shippers, such carrier, receiver, or trustee
is liable to the United States for a civil penalty of
not less than $1,000 for each violation and for each
additional day during which the violation continues.
(2) Estimate of broker without carrier agreement.--If
a broker for transportation of household goods subject
to jurisdiction under subchapter I of chapter 135 makes
an estimate of the cost of transporting any such goods
before entering into an agreement with a carrier to
provide transportation of household goods subject to
such jurisdiction, the broker is liable to the United
States for a civil penalty of not less than $10,000 for
each violation.
(3) Unauthorized transportation.--If a person
provides transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 or
provides broker services for such transportation
without being registered under chapter 139 to provide
such transportation or services as a motor carrier or
broker, as the case may be, such person is liable to
the United States for a civil penalty of not less than
$25,000 for each violation.
(e) Violation Relating to Transportation of Household
Goods.--Any person that knowingly engages in or knowingly
authorizes an agent or other person--
(1) to falsify documents used in the transportation
of household goods subject to jurisdiction under
subchapter I or III of chapter 135 which evidence the
weight of a shipment; or
(2) to charge for accessorial services which are not
performed or for which the carrier is not entitled to
be compensated in any case in which such services are
not reasonably necessary in the safe and adequate
movement of the shipment;
is liable to the United States for a civil penalty of not less
than $2,000 for each violation and of not less than $5,000 for
each subsequent violation. Any State may bring a civil action
in the United States district courts to compel a person to pay
a civil penalty assessed under this subsection.
(f) Venue.--Trial in a civil action under subsections (a)
through (e) of this section is in the judicial district in
which--
(1) the carrier or broker has its principal office;
(2) the carrier or broker was authorized to provide
transportation or service under this part when the
violation occurred;
(3) the violation occurred; or
(4) the offender is found.
Process in the action may be served in the judicial district of
which the offender is an inhabitant or in which the offender
may be found.
(g) Business Entertainment Expenses.--
(1) In general.--Any business entertainment expense
incurred by a water carrier providing transportation
subject to this part shall not constitute a violation
of this part if that expense would not be unlawful if
incurred by a person not subject to this part.
(2) Cost of service.--Any business entertainment
expense subject to paragraph (1) that is paid or
incurred by a water carrier providing transportation
subject to this part shall not be taken into account in
determining the cost of service or the rate base for
purposes of section 13702.
(h) Settlement of [Household Goods] Civil Penalties.--Nothing
in this section shall be construed to prohibit the Secretary
from accepting partial payment of a civil penalty as part of a
settlement agreement in the public interest, or from holding
imposition of any part of a civil penalty in abeyance.
* * * * * * *
[SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES.]
Sec. 14916. Unlawful brokerage activities
(a) Prohibited Activities.--A person may provide interstate
brokerage services as a broker only if that person--
(1) is registered under, and in compliance with,
section 13904; and
(2) has satisfied the financial security requirements
under section 13906.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) a non-vessel-operating common carrier (as defined
in section 40102 of title 46) or an ocean freight
forwarder (as defined in section 40102 of title 46)
when arranging for inland transportation as part of an
international through movement involving ocean
transportation between the United States and a foreign
port;
(2) a customs broker licensed in accordance with
section 111.2 of title 19, Code of Federal Regulations,
only to the extent that the customs broker is engaging
in a movement under a customs bond or in a transaction
involving customs business, as defined by section 111.1
of title 19, Code of Federal Regulations; or
(3) an indirect air carrier holding a Standard
Security Program approved by the Transportation
Security Administration, only to the extent that the
indirect air carrier is engaging in the activities as
an air carrier as defined in section 40102(2) or in the
activities defined in section 40102(3).
(c) Civil Penalties and Private Cause of Action.--Any person
who knowingly authorizes, consents to, or permits, directly or
indirectly, either alone or in conjunction with any other
person, a violation of subsection (a) is liable--
(1) to the United States Government for a civil
penalty in an amount not to exceed $10,000 for each
violation; and
(2) to the injured party for all valid claims
incurred without regard to amount.
(d) Liable Parties.--The liability for civil penalties and
for claims under this section for unauthorized brokering shall
apply, jointly and severally--
(1) to any corporate entity or partnership involved;
and
(2) to the individual officers, directors, and
principals of such entities.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
* * * * * * *
PART A--SAFETY
* * * * * * *
CHAPTER 201--GENERAL
* * * * * * *
SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
* * * * * * *
Sec. 20157. Implementation of positive train control systems
(a) In General.--
(1) Plan required.--Not later than [18 months after
the date of enactment of the Rail Safety Improvement
Act of 2008] 90 days after the date of enactment of the
Positive Train Control Enforcement and Implementation
Act of 2015, each Class I railroad carrier and each
entity providing regularly scheduled intercity or
commuter rail passenger transportation shall [develop
and] submit to the Secretary of Transportation [a plan
for implementing] a revised plan for implementing a
positive train control system by [December 31, 2015]
December 31, 2018, governing operations on--
(A) its main line over which intercity rail
passenger transportation or commuter rail
passenger transportation, as defined in section
24102, is regularly provided;
(B) its main line over which poison- or
toxic-by-inhalation hazardous materials, as
defined in [parts] sections 171.8, 173.115, and
173.132 of title 49, Code of Federal
Regulations, are transported; and
(C) such other tracks as the Secretary may
prescribe by regulation or order.
[(2) Implementation.--The plan shall describe how it
will provide for interoperability of the system with
movements of trains of other railroad carriers over its
lines and shall, to the extent practical, implement the
system in a manner that addresses areas of greater risk
before areas of lesser risk. The railroad carrier shall
implement a positive train control system in accordance
with the plan.]
(2) Implementation.--
(A) Contents of revised plan.--A revised plan
required under paragraph (1) shall--
(i) describe--
(I) how the positive train
control system will provide for
interoperability of the system
with the movements of trains of
other railroad carriers over
its lines; and
(II) how, to the extent
practical, the positive train
control system will be
implemented in a manner that
addresses areas of greater risk
before areas of lesser risk;
(ii) comply with the positive train
control system implementation plan
content requirements under section
236.1011 of title 49, Code of Federal
Regulations; and
(iii) provide--
(I) the calendar year or
years in which spectrum will be
acquired and will be available
for use in each area as needed
for positive train control
system implementation, if such
spectrum is not already
acquired and available for use;
(II) the total amount of
positive train control system
hardware that will be installed
for implementation, with totals
separated by each major
hardware category;
(III) the total amount of
positive train control system
hardware that will be installed
by the end of each calendar
year until the positive train
control system is implemented,
with totals separated by each
hardware category;
(IV) the total number of
employees required to receive
training under the applicable
positive train control system
regulations;
(V) the total number of
employees that will receive the
training, as required under the
applicable positive train
control system regulations, by
the end of each calendar year
until the positive train
control system is implemented;
(VI) a summary of any
remaining technical,
programmatic, operational, or
other challenges to the
implementation of a positive
train control system, including
challenges with--
(aa) availability of
public funding;
(bb)
interoperability;
(cc) spectrum;
(dd) software;
(ee) permitting; and
(ff) testing,
demonstration, and
certification; and
(VII) a schedule and sequence
for implementing a positive
train control system by the
deadline established under
paragraph (1).
(B) Alternative schedule and sequence.--
Notwithstanding the implementation deadline
under paragraph (1) and in lieu of a schedule
and sequence under paragraph (2)(A)(iii)(VII),
a railroad carrier or other entity subject to
paragraph (1) may include in its revised plan
an alternative schedule and sequence for
implementing a positive train control system,
subject to review under paragraph (3). Such
schedule and sequence shall provide for
implementation of a positive train control
system as soon as practicable, but not later
than the date that is 24 months after the
implementation deadline under paragraph (1).
(C) Amendments.--A railroad carrier or other
entity subject to paragraph (1) may file a
request to amend a revised plan, including any
alternative schedule and sequence, as
applicable, in accordance with section 236.1021
of title 49, Code of Federal Regulations.
(D) Compliance.--A railroad carrier or other
entity subject to paragraph (1) shall implement
a positive train control system in accordance
with its revised plan, including any amendments
or any alternative schedule and sequence
approved by the Secretary under paragraph (3).
(3) Secretarial review.--
(A) Notification.--A railroad carrier or
other entity that submits a revised plan under
paragraph (1) and proposes an alternative
schedule and sequence under paragraph (2)(B)
shall submit to the Secretary a written
notification when such railroad carrier or
other entity is prepared for review under
subparagraph (B).
(B) Criteria.--Not later than 90 days after a
railroad carrier or other entity submits a
notification under subparagraph (A), the
Secretary shall review the alternative schedule
and sequence submitted pursuant to paragraph
(2)(B) and determine whether the railroad
carrier or other entity has demonstrated, to
the satisfaction of the Secretary, that such
carrier or entity has--
(i) installed all positive train
control system hardware consistent with
the plan contents provided pursuant to
paragraph (2)(A)(iii)(II) on or before
the implementation deadline under
paragraph (1);
(ii) acquired all spectrum necessary
for implementation of a positive train
control system, consistent with the
plan contents provided pursuant to
paragraph (2)(A)(iii)(I) on or before
the implementation deadline under
paragraph (1);
(iii) completed employee training
required under the applicable positive
train control system regulations;
(iv) included in its revised plan an
alternative schedule and sequence for
implementing a positive train control
system as soon as practicable, pursuant
to paragraph (2)(B);
(v) certified to the Secretary in
writing that it will be in full
compliance with the requirements of
this section on or before the date
provided in an alternative schedule and
sequence, subject to approval by the
Secretary;
(vi) in the case of a Class I
railroad carrier and Amtrak,
implemented a positive train control
system or initiated revenue service
demonstration on the majority of
territories, such as subdivisions or
districts, or route miles that are
owned or controlled by such carrier and
required to have operations governed by
a positive train control system; and
(vii) in the case of any other
railroad carrier or other entity not
subject to clause (vi)--
(I) initiated revenue service
demonstration on at least 1
territory that is required to
have operations governed by a
positive train control system;
or
(II) met any other criteria
established by the Secretary.
(C) Decision.--
(i) In general.--Not later than 90
days after the receipt of the
notification from a railroad carrier or
other entity under subparagraph (A),
the Secretary shall--
(I) approve an alternative
schedule and sequence submitted
pursuant to paragraph (2)(B) if
the railroad carrier or other
entity meets the criteria in
subparagraph (B); and
(II) notify in writing the
railroad carrier or other
entity of the decision.
(ii) Deficiencies.--Not later than 45
days after the receipt of the
notification under subparagraph (A),
the Secretary shall provide to the
railroad carrier or other entity a
written notification of any
deficiencies that would prevent
approval under clause (i) and provide
the railroad carrier or other entity an
opportunity to correct deficiencies
before the date specified in such
clause.
(D) Revised deadlines.--
(i) Pending reviews.--For a railroad
carrier or other entity that submits a
notification under subparagraph (A),
the deadline for implementation of a
positive train control system required
under paragraph (1) shall be extended
until the date on which the Secretary
approves or disapproves the alternative
schedule and sequence, if such date is
later than the implementation date
under paragraph (1).
(ii) Alternative schedule and
sequence deadline.--If the Secretary
approves a railroad carrier or other
entity's alternative schedule and
sequence under subparagraph (C)(i), the
railroad carrier or other entity's
deadline for implementation of a
positive train control system required
under paragraph (1) shall be the date
specified in that railroad carrier or
other entity's alternative schedule and
sequence. The Secretary may not approve
a date for implementation that is later
than 24 months from the deadline in
paragraph (1).
(b) Technical Assistance.--The Secretary may provide
technical assistance and guidance to railroad carriers in
developing the plans required under subsection (a).
[(c) Review and Approval.--Not later than 90 days after the
Secretary receives a plan, the Secretary shall review and
approve or disapprove it. If the proposed plan is not approved,
the Secretary shall notify the affected railroad carrier or
other entity as to the specific areas in which the proposed
plan is deficient, and the railroad carrier or other entity
shall correct all deficiencies within 30 days following receipt
of written notice from the Secretary. The Secretary shall
annually conduct a review to ensure that the railroad carriers
are complying with their plans.
[(d) Report.--Not later than December 31, 2012, the Secretary
shall transmit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the progress of the railroad carriers in implementing
such positive train control systems.
[(e) Enforcement.--The Secretary is authorized to assess
civil penalties pursuant to chapter 213 for a violation of this
section, including the failure to submit or comply with a plan
for implementing positive train control under subsection (a).]
(c) Progress Reports and Review.--
(1) Progress reports.--Each railroad carrier or other
entity subject to subsection (a) shall, not later than
March 31, 2016, and annually thereafter until such
carrier or entity has completed implementation of a
positive train control system, submit to the Secretary
a report on the progress toward implementing such
systems, including--
(A) the information on spectrum acquisition
provided pursuant to subsection
(a)(2)(A)(iii)(I);
(B) the totals provided pursuant to
subclauses (III) and (V) of subsection
(a)(2)(A)(iii), by territory, if applicable;
(C) the extent to which the railroad carrier
or other entity is complying with the
implementation schedule under subsection
(a)(2)(A)(iii)(VII) or subsection (a)(2)(B);
(D) any update to the information provided
under subsection (a)(2)(A)(iii)(VI);
(E) for each entity providing regularly
scheduled intercity or commuter rail passenger
transportation, a description of the resources
identified and allocated to implement a
positive train control system;
(F) for each railroad carrier or other entity
subject to subsection (a), the total number of
route miles on which a positive train control
system has been initiated for revenue service
demonstration or implemented, as compared to
the total number of route miles required to
have a positive train control system under
subsection (a); and
(G) any other information requested by the
Secretary.
(2) Plan review.--The Secretary shall at least
annually conduct reviews to ensure that railroad
carriers or other entities are complying with the
revised plan submitted under subsection (a), including
any amendments or any alternative schedule and sequence
approved by the Secretary. Such railroad carriers or
other entities shall provide such information as the
Secretary determines necessary to adequately conduct
such reviews.
(3) Public availability.--Not later than 60 days
after receipt, the Secretary shall make available to
the public on the Internet Web site of the Department
of Transportation any report submitted pursuant to
paragraph (1) or subsection (d), but may exclude, as
the Secretary determines appropriate--
(A) proprietary information; and
(B) security-sensitive information, including
information described in section 1520.5(a) of
title 49, Code of Federal Regulations.
(d) Report to Congress.--Not later than July 1, 2018, 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 on the progress of each railroad carrier or
other entity subject to subsection (a) in implementing a
positive train control system.
(e) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for--
(1) a violation of this section;
(2) the failure to submit or comply with the revised
plan required under subsection (a), including the
failure to comply with the totals provided pursuant to
subclauses (III) and (V) of subsection (a)(2)(A)(iii)
and the spectrum acquisition dates provided pursuant to
subsection (a)(2)(A)(iii)(I);
(3) failure to comply with any amendments to such
revised plan pursuant to subsection (a)(2)(C); and
(4) the failure to comply with an alternative
schedule and sequence submitted under subsection
(a)(2)(B) and approved by the Secretary under
subsection (a)(3)(C).
(f) Other Railroad Carriers.--Nothing in this section
restricts the discretion of the Secretary to require railroad
carriers other than those specified in subsection (a) to
implement a positive train control system pursuant to this
section or section 20156, or to specify the period by which
implementation shall occur that does not exceed the time limits
established in this section or section 20156. In exercising
such discretion, the Secretary shall, at a minimum, consider
the risk to railroad employees and the public associated with
the operations of the railroad carrier.
(g) Regulations.--[The Secretary]
(1) In general._The Secretary shall prescribe
regulations or issue orders necessary to implement this
section, including regulations specifying in
appropriate technical detail the essential
functionalities of positive train control systems, and
the means by which those systems will be qualified.
(2) Conforming regulatory amendments.--Immediately
after the date of the enactment of the Positive Train
Control Enforcement and Implementation Act of 2015, the
Secretary--
(A) shall remove or revise the date-specific
deadlines in the regulations or orders
implementing this section to the extent
necessary to conform with the amendments made
by such Act; and
(B) may not enforce any such date-specific
deadlines or requirements that are inconsistent
with the amendments made by such Act.
(3) Review.--Nothing in the Positive Train Control
Enforcement and Implementation Act of 2015, or the
amendments made by such Act, shall be construed to
require the Secretary to issue regulations to implement
such Act or amendments other than the regulatory
amendments required by paragraph (2) and subsection
(k).
(h) Certification.--[The Secretary]
(1) In general._The Secretary shall not permit the
installation of any positive train control system or
component in revenue service unless the Secretary has
certified that any such system or component has been
approved through the approval process set forth in part
236 of title 49, Code of Federal Regulations, and
complies with the requirements of that part.
(2) Provisional operation.--Notwithstanding the
requirements of paragraph (1), the Secretary may
authorize a railroad carrier or other entity to
commence operation in revenue service of a positive
train control system or component to the extent
necessary to enable the safe implementation and
operation of a positive train control system in phases.
(i) Definitions.--In this section:
(1) Equivalent or greater level of safety.--The term
``equivalent or greater level of safety'' means the
compliance of a railroad carrier with--
(A) appropriate operating rules in place
immediately prior to the use or implementation
of such carrier's positive train control
system, except that such rules may be changed
by such carrier to improve safe operations; and
(B) all applicable safety regulations, except
as specified in subsection (j).
(2) Hardware.--The term ``hardware'' means a
locomotive apparatus, a wayside interface unit
(including any associated legacy signal system
replacements), switch position monitors needed for a
positive train control system, physical back office
system equipment, a base station radio, a wayside
radio, a locomotive radio, or a communication tower or
pole.
[(1)] (3) Interoperability.--The term
``interoperability'' means the ability to control
locomotives of the host railroad and tenant railroad to
communicate with and respond to the positive train
control system, including uninterrupted movements over
property boundaries.
[(2)] (4) Main line.--The term ``main line'' means a
segment or route of railroad tracks over which
5,000,000 or more gross tons of railroad traffic is
transported annually, except that--
(A) the Secretary may, through regulations
under subsection (g), designate additional
tracks as main line as appropriate for this
section; and
(B) for intercity rail passenger
transportation or commuter rail passenger
transportation routes or segments over which
limited or no freight railroad operations
occur, the Secretary shall define the term
``main line'' by regulation.
[(3)] (5) Positive train control system.--The term
``positive train control system'' means a system
designed to prevent train-to-train collisions, over-
speed derailments, incursions into established work
zone limits, and the movement of a train through a
switch left in the wrong position.
(j) Early Adoption.--
(1) Operations.--From the date of enactment of the
Positive Train Control Enforcement and Implementation
Act of 2015 through the 1-year period beginning on the
date on which the last Class I railroad carrier's
positive train control system subject to subsection (a)
is certified by the Secretary under subsection (h)(1)
of this section and is implemented on all of that
railroad carrier's lines required to have operations
governed by a positive train control system, any
railroad carrier, including any railroad carrier that
has its positive train control system certified by the
Secretary, shall not be subject to the operational
restrictions set forth in sections 236.567 and 236.1029
of title 49, Code of Federal Regulations, that would
apply where a controlling locomotive that is operating
in, or is to be operated in, a positive train control-
equipped track segment experiences a positive train
control system failure, a positive train control
operated consist is not provided by another railroad
carrier when provided in interchange, or a positive
train control system otherwise fails to initialize,
cuts out, or malfunctions, provided that such carrier
operates at an equivalent or greater level of safety
than the level achieved immediately prior to the use or
implementation of its positive train control system.
(2) Safety assurance.--During the period described in
paragraph (1), if a positive train control system that
has been certified and implemented fails to initialize,
cuts out, or malfunctions, the affected railroad
carrier or other entity shall make reasonable efforts
to determine the cause of the failure and adjust,
repair, or replace any faulty component causing the
system failure in a timely manner.
(3) Plans.--The positive train control safety plan
for each railroad carrier or other entity shall
describe the safety measures, such as operating rules
and actions to comply with applicable safety
regulations, that will be put in place during any
system failure.
(4) Notification.--During the period described in
paragraph (1), if a positive train control system that
has been certified and implemented fails to initialize,
cuts out, or malfunctions, the affected railroad
carrier or other entity shall submit a notification to
the appropriate regional office of the Federal Railroad
Administration within 7 days of the system failure, or
under alternative location and deadline requirements
set by the Secretary, and include in the notification a
description of the safety measures the affected
railroad carrier or other entity has in place.
(k) Small Railroads.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall amend section
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations
(relating to equipping locomotives for applicable Class II and
Class III railroads operating in positive train control
territory) to extend each deadline under such section by 3
years.
(l) Revenue Service Demonstration.--When a railroad carrier
or other entity subject to (a)(1) notifies the Secretary it is
prepared to initiate revenue service demonstration, it shall
also notify any applicable tenant railroad carrier or other
entity subject to subsection (a)(1).
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
Sec.
31100. Purpose.
* * * * * * *
[31102. Grants to States.
[31103. United States Government's share of costs.
[31104. Availability of amounts.]
31102. Motor carrier safety assistance program.
31103. Commercial motor vehicle operators grant program.
31104. Authorization of appropriations.
* * * * * * *
[31107. Border enforcement grants.]
* * * * * * *
[31109. Performance and registration information system management.]
31110. Authorization of appropriations.
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS
* * * * * * *
[Sec. 31102. Grants to States
[(a) General Authority.--Subject to this section and the
availability of amounts, the Secretary of Transportation may
make grants to States for the development or implementation of
programs for improving motor carrier safety and the enforcement
of regulations, standards, and orders of the United States
Government on commercial motor vehicle safety, hazardous
materials transportation safety, and compatible State
regulations, standards, and orders.
[(b) Motor Carrier Safety Assistance Program.--
[(1) Program goal.--The goal of the Motor Carrier
Safety Assistance Program is to ensure that the
Secretary, States, local government agencies, and other
political jurisdictions 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--
[(A) making targeted investments to promote
safe commercial motor vehicle transportation,
including transportation of passengers and
hazardous materials;
[(B) investing in activities likely to
generate maximum reductions in the number and
severity of commercial motor vehicle crashes
and fatalities resulting from such crashes;
[(C) adopting and enforcing effective motor
carrier, commercial motor vehicle, and driver
safety regulations and practices consistent
with Federal requirements; and
[(D) assessing and improving statewide
performance by setting program goals and
meeting performance standards, measures, and
benchmarks.
[(2) The Secretary shall prescribe procedures for a
State to submit a plan under which the State agrees to
assume responsibility for improving motor carrier
safety and to adopt and enforce regulations, standards,
and orders of the Government on commercial motor
vehicle safety, hazardous materials transportation
safety, or compatible State regulations, standards, and
orders. The Secretary shall approve the plan if the
Secretary decides the plan is adequate to promote the
objectives of this section and the plan--
[(A) implements performance-based activities,
including deployment of technology to enhance
the efficiency and effectiveness of commercial
motor vehicle safety programs;
[(B) designates the State motor vehicle
safety agency responsible for administering the
plan throughout the State;
[(C) contains satisfactory assurances the
agency has or will have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
[(D) contains satisfactory assurances the
State will devote adequate amounts to the
administration of the plan and enforcement of
the regulations, standards, and orders;
[(E) provides that the total expenditure of
amounts of the State and its political
subdivisions (not including amounts of the
Government) for commercial motor vehicle safety
programs for enforcement of commercial motor
vehicle size and weight limitations, drug
interdiction, and State traffic safety laws and
regulations under subsection (c) of this
section will be maintained at a level at least
equal to the average level of that expenditure
for the 3 full fiscal years beginning after
October 1 of the year 5 years prior to the
beginning of each Government fiscal year.
[(F) provides a right of entry and inspection
to carry out the plan;
[(G) provides that all reports required under
this section be submitted to the agency and
that the agency will make the reports available
to the Secretary on request;
[(H) provides that the agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
the Secretary prescribes;
[(I) requires registrants of commercial motor
vehicles to demonstrate knowledge of applicable
safety regulations, standards, and orders of
the Government and the State;
[(J) provides that the State will grant
maximum reciprocity for inspections conducted
under the North American Inspection Standard
through the use of a nationally accepted system
that allows ready identification of previously
inspected commercial motor vehicles;
[(K) ensures that activities described in
subsection (c)(1) of this section, if financed
with grants under subsection (a) of this
section, will not diminish the effectiveness of
the development and implementation of
commercial motor vehicle safety programs
described in subsection (a);
[(L) ensures that the State agency will
coordinate the plan, data collection, and
information systems with State highway safety
programs under title 23;
[(M) ensures participation in appropriate
Federal Motor Carrier Safety Administration
systems and other information systems by all
appropriate jurisdictions receiving Motor
Carrier Safety Assistance Program funding;
[(N) ensures that information is exchanged
among the States in a timely manner;
[(O) 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;
[(P) provides satisfactory assurances that
the State will promote activities in support of
national priorities and performance goals,
including--
[(i) activities aimed at removing
impaired commercial motor vehicle
drivers from the highways of the United
States through adequate enforcement of
regulations on the use of alcohol and
controlled substances and by ensuring
ready roadside access to alcohol
detection and measuring equipment;
[(ii) activities aimed at providing
an appropriate level of training to
State motor carrier safety assistance
program officers and employees on
recognizing drivers impaired by alcohol
or controlled substances; and
[(iii) interdiction activities
affecting the transportation of
controlled substances by commercial
motor vehicle drivers and training on
appropriate strategies for carrying out
those interdiction activities;
[(Q) provides that the State has established
and dedicated sufficient resources to a program
to ensure that--
[(i) accurate, complete, and timely
motor carrier safety data is collected
and reported to the Secretary; and
[(ii) the State will participate in a
national motor carrier safety data
correction system prescribed by the
Secretary;
[(R) ensures that the State will cooperate in
the enforcement of registration requirements
under section 13902 and financial
responsibility requirements under sections
13906, 31138, and 31139 and regulations issued
thereunder;
[(S) ensures consistent, effective, and
reasonable sanctions;
[(T) ensures that roadside inspections will
be conducted at a location that is adequate to
protect the safety of drivers and enforcement
personnel;
[(U) provides that the State will include in
the training manual for the licensing
examination to drive a noncommercial motor
vehicle and a commercial motor vehicle,
information on best practices for driving
safely in the vicinity of noncommercial and
commercial motor vehicles;
[(V) provides that the State will enforce the
registration requirements of section 13902 by
prohibiting the operation of any vehicle
discovered to be operated by a motor carrier
without a registration issued under such
section or to operate beyond the scope of such
registration;
[(W) 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;
[(X) except in the case of an imminent or
obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a station, terminal, border crossing,
maintenance facility, destination, or other
location where a motor carrier may make a
planned stop.; and
[(Y) ensures that the State will transmit to
its roadside inspectors the notice of each
Federal exemption granted pursuant to section
31315(b) and provided to the State by the
Secretary, including the name of the person
granted the exemption and any terms and
conditions that apply to the exemption.
[(3) If the Secretary disapproves a plan under this
subsection, the Secretary shall give the State a
written explanation and allow the State to modify and
resubmit the plan for approval.
[(4) Maintenance of effort.--
[(A) In general.--A plan submitted by a State
under paragraph (2) shall provide that the
total expenditure of amounts of the lead State
agency responsible for implementing the plan
will be maintained at a level at least equal to
the average level of that expenditure for
fiscal years 2004 and 2005.
[(B) Average level of state expenditures.--In
estimating the average level of State
expenditure under subparagraph (A), the
Secretary--
[(i) may allow the State to exclude
State expenditures for Government-
sponsored demonstration or pilot
programs; and
[(ii) shall require the State to
exclude State matching amounts used to
receive Government financing under this
subsection.
[(C) Waiver.--Upon the request of a State,
the Secretary may waive or modify the
requirements of this paragraph for 1 fiscal
year, if the Secretary determines that a waiver
is equitable due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a serious decline in the financial
resources of the State motor carrier safety
assistance program agency.
[(c) Use of Grants To Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a)--
[(1) for the following activities if the activities
are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce
Government or State commercial motor vehicle safety
regulations:
[(A) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific
locations such as 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 the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of
any occupant (including the operator) of the
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 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 2003, 2004, and 2005; except that the
State may not use more than 5 percent of the basic
amount the State receives under the grant under
subsection (a) for enforcement activities relating to
noncommercial motor vehicles described in this
paragraph unless the Secretary determines a higher
percentage will result in significant increases in
commercial motor vehicle safety.
[(d) Continuous Evaluation of Plans.--On the basis of reports
submitted by a State motor vehicle safety agency of a State
with a plan approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing
evaluation of the way the State is carrying out the plan. If
the Secretary finds, after notice and opportunity for comment,
the State plan previously approved is not being followed or has
become inadequate to ensure enforcement of the regulations,
standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State. The plan stops being effective
when the notice is received. A State adversely affected by the
withdrawal may seek judicial review under chapter 7 of title 5.
Notwithstanding the withdrawal, the State may retain
jurisdiction in administrative or judicial proceedings begun
before the withdrawal if the issues involved are not related
directly to the reasons for the withdrawal.
[(e) Annual Report.--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 an annual report that--
[(1) analyzes commercial motor vehicle safety trends
among the States and documents the most effective
commercial motor vehicle safety programs implemented
with grants under this section; and
[(2) describes the effect of activities carried out
with grants made under this section on commercial motor
vehicle safety.
[Sec. 31103. United States Government's share of costs
[(a) Commercial Motor Vehicle Safety Programs and
Enforcement.--The Secretary of Transportation shall reimburse a
State, from a grant made under this subchapter, an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in developing and implementing programs to
improve commercial motor vehicle safety and enforce commercial
motor vehicle regulations, standards, or orders adopted under
this subchapter or subchapter II of this chapter. In
determining those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State and its
political subdivisions required to be expended under section
31102(b)(2)(E) of this title may not be included as part of the
share not provided by the United States Government. Amounts
generated under the unified carrier registration agreement
under section 14504a and received by a State and used for motor
carrier safety purposes may be included as part of the State's
share not provided by the United States. The Secretary may
allocate among the States whose applications for grants have
been approved those amounts appropriated for grants to support
those programs, under criteria that may be established.
[(b) Other Activities.--The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent
for public education activities.]
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 have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
(D) contains satisfactory assurances that the
State will devote adequate resources to the
administration of the plan and enforcement of
the regulations, standards, and orders;
(E) provides a right of entry and inspection
to carry out the plan;
(F) provides that all reports required under
this section be available to the Secretary on
request;
(G) provides that the lead State commercial
motor vehicle safety agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
that the Secretary prescribes;
(H) requires all registrants of commercial
motor vehicles to demonstrate knowledge of
applicable safety regulations, standards, and
orders of the Federal Government and the State;
(I) provides that the State will grant
maximum reciprocity for inspections conducted
under the North American Inspection Standards
through the use of a nationally accepted system
that allows ready identification of previously
inspected commercial motor vehicles;
(J) ensures that activities described in
subsection (h), if financed through grants to
the State made under this section, will not
diminish the effectiveness of the development
and implementation of the programs to improve
motor carrier, commercial motor vehicle, and
driver safety as described in subsection (b);
(K) ensures that the lead State commercial
motor vehicle safety agency will coordinate the
plan, data collection, and information systems
with the State highway safety improvement
program required under section 148(c) of title
23;
(L) ensures participation in appropriate
Federal Motor Carrier Safety Administration
information technology and data systems and
other information systems by all appropriate
jurisdictions receiving motor carrier safety
assistance program funding;
(M) ensures that information is exchanged
among the States in a timely manner;
(N) provides satisfactory assurances that the
State will undertake efforts that will
emphasize and improve enforcement of State and
local traffic safety laws and regulations
related to commercial motor vehicle safety;
(O) provides satisfactory assurances that the
State will address national priorities and
performance goals, including--
(i) activities aimed at removing
impaired commercial motor vehicle
drivers from the highways of the United
States through adequate enforcement of
regulations on the use of alcohol and
controlled substances and by ensuring
ready roadside access to alcohol
detection and measuring equipment;
(ii) activities aimed at providing an
appropriate level of training to State
motor carrier safety assistance program
officers and employees on recognizing
drivers impaired by alcohol or
controlled substances; and
(iii) when conducted with an
appropriate commercial motor vehicle
inspection, criminal interdiction
activities, and appropriate strategies
for carrying out those interdiction
activities, including interdiction
activities that affect the
transportation of controlled substances
(as defined in section 102 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) and
listed in part 1308 of title 21, Code
of Federal Regulations, as updated and
republished from time to time) by any
occupant of a commercial motor vehicle;
(P) provides that the State has established
and dedicated sufficient resources to a program
to ensure that--
(i) the State collects and reports to
the Secretary accurate, complete, and
timely motor carrier safety data; and
(ii) the State participates in a
national motor carrier safety data
correction system prescribed by the
Secretary;
(Q) ensures that the State will cooperate in
the enforcement of financial responsibility
requirements under sections 13906, 31138, and
31139 and regulations issued under those
sections;
(R) ensures consistent, effective, and
reasonable sanctions;
(S) ensures that roadside inspections will be
conducted at locations that are adequate to
protect the safety of drivers and enforcement
personnel;
(T) provides that the State will include in
the training manuals for the licensing
examination to drive noncommercial motor
vehicles and commercial motor vehicles
information on best practices for driving
safely in the vicinity of noncommercial and
commercial motor vehicles;
(U) provides that the State will enforce the
registration requirements of sections 13902 and
31134 by prohibiting the operation of any
vehicle discovered to be operated by a motor
carrier without a registration issued under
those sections or to be operated beyond the
scope of the motor carrier's registration;
(V) provides that the State will conduct
comprehensive and highly visible traffic
enforcement and commercial motor vehicle safety
inspection programs in high-risk locations and
corridors;
(W) except in the case of an imminent hazard
or obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a bus station, terminal, border crossing,
maintenance facility, destination, or other
location where a motor carrier may make a
planned stop (excluding a weigh station);
(X) ensures that the State will transmit to
its roadside inspectors notice of each Federal
exemption granted under section 31315(b) of
this title and sections 390.23 and 390.25 of
title 49, Code of Federal Regulations, and
provided to the State by the Secretary,
including the name of the person that received
the exemption and any terms and conditions that
apply to the exemption;
(Y) except as provided in subsection (d),
provides that the State--
(i) will conduct safety audits of
interstate and, at the State's
discretion, intrastate new entrant
motor carriers under section 31144(g);
and
(ii) if the State authorizes a third
party to conduct safety audits under
section 31144(g) on its behalf, the
State verifies the quality of the work
conducted and remains solely
responsible for the management and
oversight of the activities;
(Z) provides that the State agrees to fully
participate in the performance and registration
information systems management under section
31106(b) not later than October 1, 2020, by
complying with the conditions for participation
under paragraph (3) of that section, or
demonstrates to the Secretary an alternative
approach for identifying and immobilizing a
motor carrier with serious safety deficiencies
in a manner that provides an equivalent level
of safety;
(AA) in the case of a State that shares a
land border with another country, provides that
the State--
(i) will conduct a border commercial
motor vehicle safety program focusing
on international commerce that includes
enforcement and related projects; or
(ii) will forfeit all funds
calculated by the Secretary based on
border-related activities if the State
declines to conduct the program
described in clause (i) in its plan;
and
(BB) in the case of a State that meets the
other requirements of this section and agrees
to comply with the requirements established in
subsection (l)(3), provides that the State may
fund operation and maintenance costs associated
with innovative technology deployment under
subsection (l)(3) with motor carrier safety
assistance program funds authorized under
section 31104(a)(1).
(3) Publication.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall publish each approved State
multiple-year plan, and each annual update
thereto, on a publically accessible Internet
Web site of the Department of Transportation
not later than 30 days after the date the
Secretary approves the plan or update.
(B) Limitation.--Before publishing an
approved State multiple-year plan or annual
update under subparagraph (A), the Secretary
shall redact any information identified by the
State that, if disclosed--
(i) would reasonably be expected to
interfere with enforcement proceedings;
or
(ii) would reveal enforcement
techniques or procedures that would
reasonably be expected to risk
circumvention of the law.
(d) Exclusion of U.S. Territories.--The requirement that a
State conduct safety audits of new entrant motor carriers under
subsection (c)(2)(Y) does not apply to a territory of the
United States unless required by the Secretary.
(e) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws, including regulations, with Federal motor carrier
safety regulations to be enforced under subsections (b) and
(c). To the extent practicable, the guidelines and standards
shall allow for maximum flexibility while ensuring a degree of
uniformity that will not diminish motor vehicle safety.
(f) Maintenance of Effort.--
(1) Baseline.--Except as provided under paragraphs
(2) and (3) and in accordance with section 5106 of the
Surface Transportation Reauthorization and Reform Act
of 2015, a State plan under subsection (c) shall
provide that the total expenditure of amounts of the
lead State commercial motor vehicle safety agency
responsible for administering the plan will be
maintained at a level each fiscal year that is at least
equal to--
(A) the average level of that expenditure for
fiscal years 2004 and 2005; or
(B) the level of that expenditure for the
year in which the Secretary implements a new
allocation formula under section 5106 of the
Surface Transportation Reauthorization and
Reform Act of 2015.
(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate
additional documentation related to the maintenance of
effort and may make reasonable adjustments to the
maintenance of effort baseline after the year in which
the Secretary implements a new allocation formula under
section 5106 of the Surface Transportation
Reauthorization and Reform Act of 2015, and this
adjusted baseline will replace the maintenance of
effort requirement under paragraph (1).
(3) Waivers.--At the request of a State, the
Secretary may waive or modify the requirements of this
subsection for a total of 1 fiscal year if the
Secretary determines that the waiver or modification is
reasonable, based on circumstances described by the
State, to ensure the continuation of commercial motor
vehicle enforcement activities in the State.
(4) Level of state expenditures.--In estimating the
average level of a State's expenditures under paragraph
(1), the Secretary--
(A) may allow the State to exclude State
expenditures for federally sponsored
demonstration and pilot programs and strike
forces;
(B) may allow the State to exclude
expenditures for activities related to border
enforcement and new entrant safety audits; and
(C) shall require the State to exclude State
matching amounts used to receive Federal
financing under section 31104.
(g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a and received by a State
and used for motor carrier safety purposes may be included as
part of the State's match required under section 31104 or
maintenance of effort required by subsection (f).
(h) Use of Grants to Enforce Other Laws.--When approved as
part of a State's plan under subsection (c), the State may use
motor carrier safety assistance program funds received under
this section--
(1) if the activities are carried out in conjunction
with an appropriate inspection of a commercial motor
vehicle to enforce Federal or State commercial motor
vehicle safety regulations, for--
(A) enforcement of commercial motor vehicle
size and weight limitations at locations,
excluding fixed-weight facilities, such as near
steep grades or mountainous terrains, where the
weight of a commercial motor vehicle can
significantly affect the safe operation of the
vehicle, or at ports where intermodal shipping
containers enter and leave the United States;
and
(B) detection of and enforcement actions
taken as a result of criminal activity,
including the trafficking of human beings, in a
commercial motor vehicle or by any occupant,
including the operator, of the commercial motor
vehicle; and
(2) for documented enforcement of State traffic laws
and regulations designed to promote the safe operation
of commercial motor vehicles, including documented
enforcement of such laws and regulations relating to
noncommercial motor vehicles when necessary to promote
the safe operation of commercial motor vehicles, if--
(A) the number of motor carrier safety
activities, including roadside safety
inspections, conducted in the State is
maintained at a level at least equal to the
average level of such activities conducted in
the State in fiscal years 2004 and 2005; and
(B) the State does not use more than 10
percent of the basic amount the State receives
under a grant awarded under section 31104(a)(1)
for enforcement activities relating to
noncommercial motor vehicles necessary to
promote the safe operation of commercial motor
vehicles unless the Secretary determines that a
higher percentage will result in significant
increases in commercial motor vehicle safety.
(i) Evaluation of Plans and Award of Grants.--
(1) Awards.--The Secretary shall establish criteria
for the application, evaluation, and approval of State
plans under this section. Subject to subsection (j),
the Secretary may allocate the amounts made available
under section 31104(a)(1) among the States.
(2) Opportunity to cure.--If the Secretary
disapproves a plan under this section, the Secretary
shall give the State a written explanation of the
reasons for disapproval and allow the State to modify
and resubmit the plan for approval.
(j) Allocation of Funds.--
(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available
under section 31104(a)(1).
(2) Annual allocations.--On October 1 of each fiscal
year, or as soon as practicable thereafter, and after
making a deduction under section 31104(c), the
Secretary shall allocate amounts made available under
section 31104(a)(1) to carry out this section for the
fiscal year among the States with plans approved under
this section in accordance with the criteria prescribed
under paragraph (1).
(3) Elective adjustments.--Subject to the
availability of funding and notwithstanding
fluctuations in the data elements used by the Secretary
to calculate the annual allocation amounts, after the
creation of a new allocation formula under section 5106
of the Surface Transportation Reauthorization and
Reform Act of 2015, the Secretary may not make elective
adjustments to the allocation formula that decrease a
State's Federal funding levels by more than 3 percent
in a fiscal year. The 3 percent limit shall not apply
to the withholding provisions of subsection (k).
(k) Plan Monitoring.--
(1) In general.--On the basis of reports submitted by
the lead State agency responsible for administering a
State plan approved under this section and an
investigation by the Secretary, the Secretary shall
periodically evaluate State implementation of and
compliance with the State plan.
(2) Withholding of funds.--
(A) Disapproval.--If, after notice and an
opportunity to be heard, the Secretary finds
that a State plan previously approved under
this section is not being followed or has
become inadequate to ensure enforcement of
State regulations, standards, or orders
described in subsection (c)(1), or the State is
otherwise not in compliance with the
requirements of this section, the Secretary may
withdraw approval of the State plan and notify
the State. Upon the receipt of such notice, the
State plan shall no longer be in effect and the
Secretary shall withhold all funding to the
State under this section.
(B) Noncompliance withholding.--In lieu of
withdrawing approval of a State plan under
subparagraph (A), the Secretary may, after
providing notice to the State and an
opportunity to be heard, withhold funding from
the State to which the State would otherwise be
entitled under this section for the period of
the State's noncompliance. In exercising this
option, the Secretary may withhold--
(i) up to 5 percent of funds during
the fiscal year that the Secretary
notifies the State of its
noncompliance;
(ii) up to 10 percent of funds for
the first full fiscal year of
noncompliance;
(iii) up to 25 percent of funds for
the second full fiscal year of
noncompliance; and
(iv) not more than 50 percent of
funds for the third and any subsequent
full fiscal year of noncompliance.
(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial
review under chapter 7 of title 5. Notwithstanding the
disapproval of a State plan under paragraph (2)(A) or
the withholding of funds under paragraph (2)(B), the
State may retain jurisdiction in an administrative or a
judicial proceeding that commenced before the notice of
disapproval or withholding if the issues involved are
not related directly to the reasons for the disapproval
or withholding.
(l) High Priority Program.--
(1) In general.--The Secretary shall administer a
high priority program funded under section 31104 for
the purposes described in paragraphs (2) and (3).
(2) Activities related to motor carrier safety.--The
Secretary may make discretionary grants to and enter
into cooperative agreements with States, local
governments, federally recognized Indian tribes, other
political jurisdictions as necessary, and any person to
carry out high priority activities and projects that
augment motor carrier safety activities and projects
planned in accordance with subsections (b) and (c),
including activities and projects that--
(A) increase public awareness and education
on commercial motor vehicle safety;
(B) target unsafe driving of commercial motor
vehicles and noncommercial motor vehicles in
areas identified as high risk crash corridors;
(C) improve the safe and secure movement of
hazardous materials;
(D) improve safe transportation of goods and
persons in foreign commerce;
(E) demonstrate new technologies to improve
commercial motor vehicle safety;
(F) support participation in performance and
registration information systems management
under section 31106(b)--
(i) for entities not responsible for
submitting the plan under subsection
(c); or
(ii) for entities responsible for
submitting the plan under subsection
(c)--
(I) before October 1, 2020,
to achieve compliance with the
requirements of participation;
and
(II) beginning on October 1,
2020, or once compliance is
achieved, whichever is sooner,
for special initiatives or
projects that exceed routine
operations required for
participation;
(G) conduct safety data improvement
projects--
(i) that complete or exceed the
requirements under subsection (c)(2)(P)
for entities not responsible for
submitting the plan under subsection
(c); or
(ii) that exceed the requirements
under subsection (c)(2)(P) for entities
responsible for submitting the plan
under subsection (c); and
(H) otherwise improve commercial motor
vehicle safety and compliance with commercial
motor vehicle safety regulations.
(3) Innovative technology deployment grant program.--
(A) In general.--The Secretary shall
establish an innovative technology deployment
grant program to make discretionary grants
funded under section 31104(a)(2) to eligible
States for the innovative technology deployment
of commercial motor vehicle information systems
and networks.
(B) Purposes.--The purposes of the program
shall be--
(i) to advance the technological
capability and promote the deployment
of intelligent transportation system
applications for commercial motor
vehicle operations, including
commercial motor vehicle, commercial
driver, and carrier-specific
information systems and networks; and
(ii) to support and maintain
commercial motor vehicle information
systems and networks--
(I) to link Federal motor
carrier safety information
systems with State commercial
motor vehicle systems;
(II) to improve the safety
and productivity of commercial
motor vehicles and drivers; and
(III) to reduce costs
associated with commercial
motor vehicle operations and
Federal and State commercial
motor vehicle regulatory
requirements.
(C) Eligibility.--To be eligible for a grant
under this paragraph, a State shall--
(i) have a commercial motor vehicle
information systems and networks
program plan approved by the Secretary
that describes the various systems and
networks at the State level that need
to be refined, revised, upgraded, or
built to accomplish deployment of
commercial motor vehicle information
systems and networks capabilities;
(ii) certify to the Secretary that
its commercial motor vehicle
information systems and networks
deployment activities, including
hardware procurement, software and
system development, and infrastructure
modifications--
(I) are consistent with the
national intelligent
transportation systems and
commercial motor vehicle
information systems and
networks architectures and
available standards; and
(II) promote interoperability
and efficiency to the extent
practicable; and
(iii) agree to execute
interoperability tests developed by the
Federal Motor Carrier Safety
Administration to verify that its
systems conform with the national
intelligent transportation systems
architecture, applicable standards, and
protocols for commercial motor vehicle
information systems and networks.
(D) Use of funds.--Grant funds received under
this paragraph may be used--
(i) for deployment activities and
activities to develop new and
innovative advanced technology
solutions that support commercial motor
vehicle information systems and
networks;
(ii) for planning activities,
including the development or updating
of program or top level design plans in
order to become eligible or maintain
eligibility under subparagraph (C); and
(iii) for the operation and
maintenance costs associated with
innovative technology.
(E) Secretary authorization.--The Secretary
is authorized to award a State funding for the
operation and maintenance costs associated with
innovative technology deployment with funds
made available under sections 31104(a)(1) and
31104(a)(2).
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.
Sec. 31104. Availability of amounts
(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
(1) $188,480,000 for fiscal year 2005;
(2) $188,000,000 for fiscal year 2006;
(3) $197,000,000 for fiscal year 2007;
(4) $202,000,000 for fiscal year 2008;
(5) $209,000,000 for fiscal year 2009;
(6) $209,000,000 for fiscal year 2010;
(7) $209,000,000 for fiscal year 2011;
(8) $215,000,000 for fiscal year 2013;
(9) $218,000,000 for fiscal year 2014;
[(10) $218,000,000 for fiscal year 2015; and
[(11) $17,273,224 for the period beginning on October
1, 2015, and ending on October 29, 2015.]
(10) $218,000,000 for fiscal year 2015; and
(11) $241,480,000 for fiscal year 2016.
(b) Availability and Reallocation of Amounts.--Amounts made
available under subsection (a) of this section remain available
until expended. Allocations to a State remain available for
expenditure in the State for the fiscal year in which they are
allocated and for the next fiscal year. Amounts not expended by
a State during those 2 fiscal years are released to the
Secretary for reallocation.
(c) Reimbursement for Government's Share of Costs.--Amounts
made available under subsection (a) of this section shall be
used to reimburse States proportionately for the United States
Government's share of costs incurred.
(d) Grants as Contractual Obligations.--Approval by the
Secretary of a grant to a State under section 31102 of this
title is a contractual obligation of the Government for payment
of the Government's share of costs incurred by the State in
developing, implementing, or developing and implementing
programs to enforce commercial motor vehicle regulations,
standards, and orders.
(e) Deduction for Administrative Expenses.--On October 1 of
each fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under
subsection (a) of this section for that fiscal year, not more
than 1.25 percent of those amounts for administrative expenses
incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of
those deducted amounts to train non-Government employees and to
develop related training materials in carrying out section
31102.
(f) Allocation Criteria and Eligibility.--On October 1 of
each fiscal year or as soon after that date as practicable and
after making the deduction under subsection (e), the Secretary
shall allocate amounts made available to carry out section
31102 for such fiscal year among the States with plans approved
under section 31102. Such allocation shall be made under such
criteria as the Secretary prescribes by regulation.
(g) Payment to States for Costs.--Each State shall submit
vouchers for costs the State incurs under this section and
section 31102 of this title. The Secretary shall pay the State
an amount not more than the Government share of costs incurred
as of the date of the vouchers.
(h) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws and regulations with Government motor carrier
safety regulations to be enforced under section 31102(a) of
this title. To the extent practicable, the guidelines and
standards shall allow for maximum flexibility while ensuring
the degree of uniformity that will not diminish transportation
safety. In reviewing State plans and allocating amounts or
making grants under section 153 of title 23, the Secretary
shall ensure that the guidelines and standards are applied
uniformly.
[(i) Administrative Expenses.--
[(1) Authorization of appropriations.--There are
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--
[(A) $254,849,000 for fiscal year 2005;
[(B) $213,000,000 for fiscal year 2006;
[(C) $223,000,000 for fiscal year 2007;
[(D) $228,000,000 for fiscal year 2008;
[(E) $234,000,000 for fiscal year 2009;
[(F) $239,828,000 for fiscal year 2010;
[(G) $244,144,000 for fiscal year 2011;
[(H) $251,000,000 for fiscal year 2013;
[(I) $259,000,000 for fiscal year 2014;
[(J) $259,000,000 for fiscal year 2015; and
[(K) $20,521,858 for the period beginning on
October 1, 2015, and ending on October 29,
2015.
[(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs;
administrative infrastructure; rent; information
technology; programs for research and technology,
information management, regulatory development, the
administration of the performance and registration
information system management, and outreach and
education; other operating expenses; and such other
expenses as may from time to time become necessary to
implement statutory mandates of the Administration not
funded from other sources.]
[(j)] (i) Availability of Funds; Contract Authority.--
(1) Period of availability.--The amounts made
available under this section shall remain available
until expended.
(2) Initial date of availability.--Authorizations
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.
(3) Contract authority.--Approval by the Secretary of
a grant with funds made available under this section
imposes upon the United States a contractual obligation
for payment of the Government's share of costs incurred
in carrying out the objectives of the grant.
[(k)] (j) High-Priority Activities.--
(1) Criteria.--The Secretary shall establish safety
performance criteria to be used to distribute high
priority program funds under this subsection.
(2) Set aside.--The Secretary may set aside from
amounts made available by subsection (a) up to
$15,000,000 for each of fiscal years 2006 through 2015
and up to $1,188,525 for the period beginning on
October 1, [2015] 2016, and ending on October 29, 2015,
for States, local governments, and organizations
representing government agencies or officials described
in paragraph (3) for carrying out high priority
activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations (including activities and
projects that are national in scope), increase public
awareness and education, demonstrate new technologies,
and reduce the number and rate of accidents involving
commercial motor vehicles.
(3) Description of recipients.--Amounts set aside
under this subsection shall be allocated by the
Secretary only to State agencies, local governments,
and organizations representing government agencies or
officials that use and train qualified officers and
employees in coordination with State motor vehicle
safety agencies.
(4) Limitation.--At least 90 percent of the amounts
set aside for a fiscal year under this subsection shall
be awarded in grants to State agencies and local
government agencies.
[Pursuant to subsections (c) and (f) of section 5101 of H.R.
3763 (as reported), section 31104 of title 49, United States
Code, as amended by other provisions of this bill and in effect
on October 1, 2016, is further amended (including a conforming
amendment to the table of sections) as follows:]
[Sec. 31104. Availability of amounts
[(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
[(1) $188,480,000 for fiscal year 2005;
[(2) $188,000,000 for fiscal year 2006;
[(3) $197,000,000 for fiscal year 2007;
[(4) $202,000,000 for fiscal year 2008;
[(5) $209,000,000 for fiscal year 2009;
[(6) $209,000,000 for fiscal year 2010;
[(7) $209,000,000 for fiscal year 2011;
[(8) $215,000,000 for fiscal year 2013;
[(9) $218,000,000 for fiscal year 2014;
[(10) $218,000,000 for fiscal year 2015; and
[(11) $241,480,000 for fiscal year 2016.
[(b) Availability and Reallocation of Amounts.--Amounts made
available under subsection (a) of this section remain available
until expended. Allocations to a State remain available for
expenditure in the State for the fiscal year in which they are
allocated and for the next fiscal year. Amounts not expended by
a State during those 2 fiscal years are released to the
Secretary for reallocation.
[(c) Reimbursement for Government's Share of Costs.--Amounts
made available under subsection (a) of this section shall be
used to reimburse States proportionately for the United States
Government's share of costs incurred.
[(d) Grants as Contractual Obligations.--Approval by the
Secretary of a grant to a State under section 31102 of this
title is a contractual obligation of the Government for payment
of the Government's share of costs incurred by the State in
developing, implementing, or developing and implementing
programs to enforce commercial motor vehicle regulations,
standards, and orders.
[(e) Deduction for Administrative Expenses.--On October 1 of
each fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under
subsection (a) of this section for that fiscal year, not more
than 1.25 percent of those amounts for administrative expenses
incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of
those deducted amounts to train non-Government employees and to
develop related training materials in carrying out section
31102.
[(f) Allocation Criteria and Eligibility.--On October 1 of
each fiscal year or as soon after that date as practicable and
after making the deduction under subsection (e), the Secretary
shall allocate amounts made available to carry out section
31102 for such fiscal year among the States with plans approved
under section 31102. Such allocation shall be made under such
criteria as the Secretary prescribes by regulation.
[(g) Payment to States for Costs.--Each State shall submit
vouchers for costs the State incurs under this section and
section 31102 of this title. The Secretary shall pay the State
an amount not more than the Government share of costs incurred
as of the date of the vouchers.
[(h) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws and regulations with Government motor carrier
safety regulations to be enforced under section 31102(a) of
this title. To the extent practicable, the guidelines and
standards shall allow for maximum flexibility while ensuring
the degree of uniformity that will not diminish transportation
safety. In reviewing State plans and allocating amounts or
making grants under section 153 of title 23, the Secretary
shall ensure that the guidelines and standards are applied
uniformly.
[(i) Availability of Funds; Contract Authority.--
[(1) Period of availability.--The amounts made
available under this section shall remain available
until expended.
[(2) Initial date of availability.--Authorizations
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.
[(3) Contract authority.--Approval by the Secretary
of a grant with funds made available under this section
imposes upon the United States a contractual obligation
for payment of the Government's share of costs incurred
in carrying out the objectives of the grant.
[(j) High-Priority Activities.--
[(1) Criteria.--The Secretary shall establish safety
performance criteria to be used to distribute high
priority program funds under this subsection.
[(2) Set aside.--The Secretary may set aside from
amounts made available by subsection (a) up to
$15,000,000 for each of fiscal years 2006 through 2015
and up to $1,188,525 for the period beginning on
October 1, 2016, and ending on October 29, 2015, for
States, local governments, and organizations
representing government agencies or officials described
in paragraph (3) for carrying out high priority
activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations (including activities and
projects that are national in scope), increase public
awareness and education, demonstrate new technologies,
and reduce the number and rate of accidents involving
commercial motor vehicles.
[(3) Description of recipients.--Amounts set aside
under this subsection shall be allocated by the
Secretary only to State agencies, local governments,
and organizations representing government agencies or
officials that use and train qualified officers and
employees in coordination with State motor vehicle
safety agencies.
[(4) Limitation.--At least 90 percent of the amounts
set aside for a fiscal year under this subsection shall
be awarded in grants to State agencies and local
government agencies.]
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--
(A) $278,242,684 for fiscal year 2017;
(B) $293,685,550 for fiscal year 2018;
(C) $308,351,227 for fiscal year 2019;
(D) $323,798,553 for fiscal year 2020; and
(E) $339,244,023 for fiscal year 2021.
(2) High priority activities program.--Subject to
subsection (c), to make grants and cooperative
agreements under section 31102(l), the Secretary may
set aside from amounts made available under paragraph
(1) up to--
(A) $40,798,780 for fiscal year 2017;
(B) $41,684,114 for fiscal year 2018;
(C) $42,442,764 for fiscal year 2019;
(D) $43,325,574 for fiscal year 2020; and
(E) $44,209,416 for fiscal year 2021.
(3) Commercial motor vehicle operators grant
program.--To carry out section 31103--
(A) $1,000,000 for fiscal year 2017;
(B) $1,000,000 for fiscal year 2018;
(C) $1,000,000 for fiscal year 2019;
(D) $1,000,000 for fiscal year 2020; and
(E) $1,000,000 for fiscal year 2021.
(4) Commercial driver's license program
implementation program.--Subject to subsection (c), to
carry out section 31313--
(A) $30,958,536 for fiscal year 2017;
(B) $31,630,336 for fiscal year 2018;
(C) $32,206,008 for fiscal year 2019;
(D) $32,875,893 for fiscal year 2020; and
(E) $33,546,562 for fiscal year 2021.
(b) Reimbursement and Payment to Recipients for Government
Share of Costs.--
(1) In general.--Amounts made available under
subsection (a) shall be used to reimburse financial
assistance recipients proportionally for the Federal
Government's share of the costs incurred.
(2) Reimbursement amounts.--The Secretary shall
reimburse a recipient, in accordance with a financial
assistance agreement made under section 31102, 31103,
or 31313, an amount that is at least 85 percent of the
costs incurred by the recipient in a fiscal year in
developing and implementing programs under such
sections. The Secretary shall pay the recipient an
amount not more than the Federal Government share of
the total costs approved by the Federal Government in
the financial assistance agreement. The Secretary shall
include a recipient's in-kind contributions in
determining the reimbursement.
(3) Vouchers.--Each recipient shall submit vouchers
at least quarterly for costs the recipient incurs in
developing and implementing programs under sections
31102, 31103, and 31313.
(c) Deductions for Partner Training and Program Support.--On
October 1 of each fiscal year, or as soon after that date as
practicable, the Secretary may deduct from amounts made
available under paragraphs (1), (2), and (4) of subsection (a)
for that fiscal year not more than 1.50 percent of those
amounts for partner training and program support in that fiscal
year. The Secretary shall use at least 75 percent of those
deducted amounts to train non-Federal Government employees and
to develop related training materials in carrying out such
programs.
(d) Grants and Cooperative Agreements as Contractual
Obligations.--The approval of a financial assistance agreement
by the Secretary under section 31102, 31103, or 31313 is a
contractual obligation of the Federal Government for payment of
the Federal Government's share of costs in carrying out the
provisions of the grant or cooperative agreement.
(e) Eligible Activities.--The Secretary shall establish
criteria for eligible activities to be funded with financial
assistance agreements under this section and publish those
criteria in a notice of funding availability before the
financial assistance program application period.
(f) Period of Availability of Financial Assistance Agreement
Funds for Recipient Expenditures.--The period of availability
for a recipient to expend funds under a grant or cooperative
agreement authorized under subsection (a) is as follows:
(1) For grants made for carrying out section 31102,
other than section 31102(l), for the fiscal year in
which the Secretary approves the financial assistance
agreement and for the next fiscal year.
(2) For grants made or cooperative agreements entered
into for carrying out section 31102(l)(2), for the
fiscal year in which the Secretary approves the
financial assistance agreement and for the next 2
fiscal years.
(3) For grants made for carrying out section
31102(l)(3), for the fiscal year in which the Secretary
approves the financial assistance agreement and for the
next 4 fiscal years.
(4) For grants made for carrying out section 31103,
for the fiscal year in which the Secretary approves the
financial assistance agreement and for the next fiscal
year.
(5) For grants made or cooperative agreements entered
into for carrying out section 31313, for the fiscal
year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.
(g) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the
Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or
on October 1 of the fiscal year for which they are authorized,
whichever occurs first.
(h) Availability of Funding.--Amounts made available under
this section shall remain available until expended.
* * * * * * *
Sec. 31106. Information systems
(a) Information Systems and Data Analysis.--
(1) In general.--Subject to the provisions of this
section, the Secretary shall establish and operate
motor carrier, commercial motor vehicle, and driver
information systems and data analysis programs to
support safety regulatory and enforcement activities
required under this title.
(2) Network coordination.--In cooperation with the
States, the information systems under this section
shall be coordinated into a network providing accurate
identification of motor carriers and drivers,
commercial motor vehicle registration and license
tracking, and motor carrier, commercial motor vehicle,
and driver safety performance data.
(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver
data;
(B) evaluate the safety fitness of motor
carriers and drivers;
(C) develop strategies to mitigate safety
problems and to use data analysis to address
and measure the effectiveness of such
strategies and related programs;
(D) determine the cost-effectiveness of
Federal and State safety compliance and
enforcement programs and other countermeasures;
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate;
(F) ensure, to the maximum extent practical,
all the data is complete, timely, and accurate
across all information systems and initiatives;
(G) establish and implement a national motor
carrier safety data correction system; and
(H) determine whether a person or employer is
or was related, through common ownership,
common management, common control, or common
familial relationship, to any other person,
employer, or any other applicant for
registration under section 13902 or 31134.
(4) Standards.--To implement this section, the
Secretary shall prescribe technical and operational
standards to ensure--
(A) uniform, timely, and accurate information
collection and reporting by the States and
other entities as determined appropriate by the
Secretary;
(B) uniform Federal, State, and local
policies and procedures necessary to operate
the information system; and
(C) the reliability and availability of the
information to the Secretary and States.
(b) Performance and Registration Information [Program]
Systems Management.--
(1) Information clearinghouse.--The Secretary shall
include, as part of the motor carrier information
system authorized by this section, a program to
establish and maintain a clearinghouse and repository
of information related to State registration and
licensing of commercial motor vehicles, the registrants
of such vehicles, and the motor carriers operating such
vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor
carriers and registrants and other information the
Secretary considers appropriate, including information
on motor carrier, commercial motor vehicle, and driver
safety performance.
(2) Design.--The program shall link Federal motor
carrier safety information systems with State
commercial vehicle registration and licensing systems
and shall be designed to enable a State to--
(A) determine the safety fitness of a motor
carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
(B) deny, suspend, or revoke the commercial
motor vehicle registrations of a motor carrier
or registrant that has been issued an
operations out-of-service order by the
Secretary.
(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4);
(B) possess or seek the authority to possess
for a time period no longer than determined
reasonable by the Secretary, to impose
sanctions relating to commercial motor vehicle
registration on the basis of a Federal safety
fitness determination; and
(C) establish and implement a process--
(i) to cancel the motor vehicle
registration and seize the registration
plates of a vehicle when an employer is
found liable under section
31310(i)(2)(C) for knowingly allowing
or requiring an employee to operate
such a commercial motor vehicle in
violation of an out-of-service order;
and
(ii) to reinstate the vehicle
registration or return the registration
plates of the commercial motor vehicle,
subject to sanctions under clause (i),
if the Secretary permits such carrier
to resume operations after the date of
issuance of such order.
[(4) Grants.--From the funds authorized by section
31104(i), the Secretary may make a grant in a fiscal
year to a State to implement the performance and
registration information system management requirements
of this subsection.]
(c)(1) In General.--In coordination with the information
system under section 31309, the Secretary is authorized to
establish a program to improve commercial motor vehicle driver
safety. The objectives of the program shall include--
(A) enhancing the exchange of driver licensing
information among the States, the Federal Government,
and foreign countries;
(B) providing information to the judicial system on
commercial motor vehicle drivers;
(C) evaluating any aspect of driver performance that
the Secretary determines appropriate; and
(D) developing appropriate strategies and
countermeasures to improve driver safety.
(2) Access to records.--The Secretary may require a State, as
a condition of an award of grant money under this section, to
provide the Secretary access to all State licensing status and
driver history records via an electronic information system,
subject to section 2721 of title 18.
(d) Cooperative Agreements, Grants, and Contracts.--The
Secretary may carry out this section either independently or in
cooperation with other Federal departments, agencies, and
instrumentalities, or by making grants to, and entering into
contracts and cooperative agreements with, States, local
governments, associations, institutions, corporations, and
other persons.
(e)(1) Information Availability and Privacy Protection
Policy.--The Secretary shall develop a policy on making
information available from the information systems authorized
by this section and section 31309. The policy shall be
consistent with existing Federal information laws, including
regulations, and shall provide for review and correction of
such information in a timely manner.
(2) In general.--Notwithstanding any prohibition on
disclosure of information in section 31105(h) or 31143(b) of
this title or section 552a of title 5, the Secretary may
disclose information maintained by the Secretary pursuant to
chapters 51, 135, 311, or 313 of this title to appropriate
personnel of a State agency or instrumentality authorized to
carry out State commercial motor vehicle safety activities and
commercial driver's license laws, or appropriate personnel of a
local law enforcement agency, in accordance with standards,
conditions, and procedures as determined by the Secretary.
Disclosure under this section shall not operate as a waiver by
the Secretary of any applicable privilege against disclosure
under common law or as a basis for compelling disclosure under
section 552 of title 5.
[Sec. 31107. Border enforcement grants
[(a) General Authority.--The Secretary of Transportation may
make a grant in a fiscal year to an entity or State that shares
a land border with another country for carrying out border
commercial motor vehicle safety programs and related
enforcement activities and projects.
[(b) Governments Share of Costs.--The Secretary shall
reimburse a State under a grant made under this section an
amount that is not more than 100 percent of the costs incurred
by the State in a fiscal year for carrying out border
commercial motor vehicle safety programs and related
enforcement activities and projects.
[(c) Availability and Reallocation of Amounts.--Allocations
to a State remain available for expenditure in the State for
the fiscal year in which they are allocated and for the next
fiscal year. Amounts not expended by a State during those 2
fiscal years are available to the Secretary for reallocation
under this section.
[Sec. 31109. Performance and registration information system management
[The Secretary of Transportation may make a grant to a State
to implement the performance and registration information
system management requirements of section 31106(b).]
Sec. 31110. Authorization of appropriations
(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Carrier Safety
Administration--
(1) $259,000,000 for fiscal year 2016;
(2) $259,000,000 for fiscal year 2017;
(3) $259,000,000 for fiscal year 2018;
(4) $259,000,000 for fiscal year 2019;
(5) $259,000,000 for fiscal year 2020; and
(6) $259,000,000 for fiscal year 2021.
(b) Use of Funds.--The funds authorized by this section shall
be used for--
(1) personnel costs;
(2) administrative infrastructure;
(3) rent;
(4) information technology;
(5) programs for research and technology, information
management, regulatory development, and the
administration of performance and registration
information systems management under section 31106(b);
(6) programs for outreach and education under
subsection (c);
(7) other operating expenses;
(8) conducting safety reviews of new operators; and
(9) such other expenses as may from time to time
become necessary to implement statutory mandates of the
Federal Motor Carrier Safety Administration not funded
from other sources.
(c) Outreach and Education Program.--
(1) In general.--The Secretary may conduct, through
any combination of grants, contracts, cooperative
agreements, and other activities, an internal and
external outreach and education program to be
administered by the Administrator of the Federal Motor
Carrier Safety Administration.
(2) Federal share.--The Federal share of an outreach
and education project for which a grant, contract, or
cooperative agreement is made under this subsection may
be up to 100 percent of the cost of the project.
(3) Funding.--From amounts made available under
subsection (a), the Secretary shall make available not
more than $4,000,000 each fiscal year.
(d) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the
Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or
on October 1 of the fiscal year for which they are authorized,
whichever occurs first.
(e) Funding Availability.--Amounts made available under this
section shall remain available until expended.
(f) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of the
Federal Government for payment of the Federal Government's
share of costs.
SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following definitions
apply:
(1) Automobile transporter.--The term ``automobile
transporter'' means any vehicle combination designed
and used specifically for the transport of assembled
highway vehicles, including truck camper units.
(2) Maxi-cube vehicle.--The term ``maxi-cube
vehicle'' means a truck tractor combined with a
semitrailer and a separable property-carrying unit
designed to be loaded and unloaded through the
semitrailer, with the length of the separable property-
carrying unit being not more than 34 feet and the
length of the vehicle combination being not more than
65 feet.
(3) Truck tractor.--The term ``truck tractor''
means--
(A) a non-property-carrying power unit that
operates in combination with a semitrailer or
trailer; or
(B) a power unit that carries as property
only motor vehicles when operating in
combination with a semitrailer in transporting
motor vehicles.
(4) Driveaway saddlemount vehicle transporter
combination.--The term ``driveaway saddlemount vehicle
transporter combination'' means a vehicle combination
designed and specifically used to tow up to 3 trucks or
truck tractors, each connected by a saddle to the frame
or fifth-wheel of the forward vehicle of the truck or
truck tractor in front of it. Such combination may
include one fullmount.
(b) General Limitations.--(1) Except as provided in this
section, a State may not prescribe or enforce a regulation of
commerce that--
(A) imposes a vehicle length limitation of less than
45 feet on a bus, of less than 48 feet on a semitrailer
operating in a truck tractor-semitrailer combination,
or of less than 28 feet on a semitrailer or trailer
operating in a truck tractor-semitrailer-trailer
combination, on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (except a
segment exempted under subsection (f) of this section)
and those classes of qualifying Federal-aid Primary
System highways designated by the Secretary of
Transportation under subsection (e) of this section;
(B) imposes an overall length limitation on a
commercial motor vehicle operating in a truck tractor-
semitrailer or truck tractor-semitrailer-trailer
combination;
(C) has the effect of prohibiting the use of a
semitrailer or trailer of the same dimensions as those
that were in actual and lawful use in that State on
December 1, 1982;
(D) imposes a vehicle length limitation of not less
than or more than 97 feet on all driveaway saddlemount
vehicle transporter combinations;
(E) has the effect of prohibiting the use of an
existing semitrailer or trailer, of not more than 28.5
feet in length, in a truck tractor-semitrailer-trailer
combination if the semitrailer or trailer was operating
lawfully on December 1, 1982, within a 65-foot overall
length limit in any State; [or]
(F) imposes a limitation of less than 46 feet on the
distance from the kingpin to the center of the rear
axle on trailers used exclusively or primarily in
connection with motorsports competition events[.]; or
(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.
(2) A length limitation prescribed or enforced by a State
under paragraph (1)(A) of this subsection applies only to a
semitrailer or trailer and not to a truck tractor.
(c) Maxi-Cube and Vehicle Combination Limitations.--A State
may not prohibit a maxi-cube vehicle or a commercial motor
vehicle combination consisting of a truck tractor and 2
trailing units on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (except a segment
exempted under subsection (f) of this section) and those
classes of qualifying Federal-aid Primary System highways
designated by the Secretary under subsection (e) of this
section.
(d) Exclusion of Safety and Energy Conservation Devices.--
Length calculated under this section does not include a safety
or energy conservation device the Secretary decides is
necessary for safe and efficient operation of a commercial
motor vehicle. However, such a device may not have by its
design or use the ability to carry cargo.
(e) Qualifying Highways.--The Secretary by regulation shall
designate as qualifying Federal-aid Primary System highways
those highways of the Federal-aid Primary System in existence
on June 1, 1991, that can accommodate safely the applicable
vehicle lengths provided in this section.
(f) Exemptions.--(1) If the chief executive officer of a
State, after consulting under paragraph (2) of this subsection,
decides a segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways is not capable of safely
accommodating a commercial motor vehicle having a length
described in subsection (b)(1)(A) of this section or the motor
vehicle combination described in subsection (c) of this
section, the chief executive officer may notify the Secretary
of that decision and request the Secretary to exempt that
segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this
subsection, the chief executive officer shall consult with
units of local government in the State in which the segment of
the Dwight D. Eisenhower System of Interstate and Defense
Highways is located and with the chief executive officer of any
adjacent State that may be directly affected by the exemption.
As part of the consultations, consideration shall be given to
any potential alternative route that serves the area in which
the segment is located and can safely accommodate a commercial
motor vehicle having a length described in subsection (b)(1)(A)
of this section or the motor vehicle combination described in
subsection (c) of this section.
(3) A chief executive officer's notification under this
subsection must include specific evidence of safety problems
supporting the officer's decision and the results of
consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a chief
executive officer or on the Secretary's own initiative, a
segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a
commercial motor vehicle having a length described in
subsection (b)(1)(A) of this section or the motor vehicle
combination described in subsection (c) of this section, the
Secretary shall exempt the segment from either or both of those
provisions. Before making a decision under this paragraph, the
Secretary shall consider any possible alternative route that
serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific
segment not later than 120 days after the date of receipt of
notification from a chief executive officer under paragraph (1)
of this subsection or the date on which the Secretary initiates
action under subparagraph (A) of this paragraph, whichever is
applicable. If the Secretary finds the decision will not be
made in time, the Secretary immediately shall notify Congress,
giving the reasons for the delay, information about the
resources assigned, and the projected date for the decision.
(C) Before making a decision, the Secretary shall give an
interested person notice and an opportunity for comment. If the
Secretary exempts a segment under this subsection before the
final regulations under subsection (e) of this section are
prescribed, the Secretary shall include the exemption as part
of the final regulations. If the Secretary exempts the segment
after the final regulations are prescribed, the Secretary shall
publish the exemption as an amendment to the final regulations.
(g) Accommodating Specialized Equipment.--In prescribing
regulations to carry out this section, the Secretary may make
decisions necessary to accommodate specialized equipment,
including automobile and vessel transporters and maxi-cube
vehicles.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31136. United States Government regulations
(a) Minimum Safety Standards.--Subject to section 30103(a) of
this title, the Secretary of Transportation shall prescribe
regulations on commercial motor vehicle safety. The regulations
shall prescribe minimum safety standards for commercial motor
vehicles. At a minimum, the regulations shall ensure that--
(1) commercial motor vehicles are maintained,
equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability
to operate the vehicles safely;
(3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate
the vehicles safely and the periodic physical
examinations required of such operators are performed
by medical examiners who have received training in
physical and medical examination standards and, after
the national registry maintained by the Department of
Transportation under section 31149(d) is established,
are listed on such registry;
(4) the operation of commercial motor vehicles does
not have a deleterious effect on the physical condition
of the operators; and
(5) an operator of a commercial motor vehicle is not
coerced by a motor carrier, shipper, receiver, or
transportation intermediary to operate a commercial
motor vehicle in violation of a regulation promulgated
under this section, or chapter 51 or chapter 313 of
this title.
(b) Eliminating and Amending Existing Regulations.--The
Secretary may not eliminate or amend an existing motor carrier
safety regulation related only to the maintenance, equipment,
loading, or operation (including routing) of vehicles carrying
material found to be hazardous under section 5103 of this title
until an equivalent or more stringent regulation has been
prescribed under section 5103.
(c) Procedures and Considerations.--(1) A regulation under
this section shall be prescribed under section 553 of title 5
(without regard to sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the
Secretary shall consider, to the extent practicable and
consistent with the purposes of this chapter--
(A) costs and benefits; and
(B) State laws and regulations on commercial motor
vehicle safety, to minimize their unnecessary
preemption.
(d) Effect of Existing Regulations.--If the Secretary does
not prescribe regulations on commercial motor vehicle safety
under this section, regulations on commercial motor vehicle
safety prescribed by the Secretary before October 30, 1984, and
in effect on October 30, 1984, shall be deemed in this
subchapter to be regulations prescribed by the Secretary under
this section.
(e) Exemptions.--The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot
programs with respect to, any regulations prescribed under this
section.
(f) Regulatory Impact Analysis.--Within each regulatory
impact analysis of a proposed or final rule issued by the
Federal Motor Carrier Safety Administration, the Secretary
shall, whenever practicable--
(1) consider the effects of the proposed or final
rule on different segments of the motor carrier
industry;
(2) formulate estimates and findings based on the
best available science; and
(3) utilize available data specific to the different
types of motor carriers, including small and large
carriers, and drivers that will be impacted by the
proposed or final rule.
(g) Public Participation.--
(1) In general.--If a proposed rule promulgated under
this part is likely to lead to the promulgation of a
major rule, the Secretary, before promulgating such
proposed rule, shall--
(A) issue an advance notice of proposed
rulemaking; or
(B) proceed with a negotiated rulemaking.
(2) Requirements.--Each advance notice of proposed
rulemaking issued under paragraph (1) shall--
(A) identify the need for a potential
regulatory action;
(B) identify and request public comment on
the best available science or technical
information relevant to analyzing potential
regulatory alternatives;
(C) request public comment on the available
data and costs with respect to regulatory
alternatives reasonably likely to be considered
as part of the rulemaking; and
(D) request public comment on available
alternatives to regulation.
(3) Waiver.--This subsection does not apply to a
proposed rule if the Secretary, for good cause, finds
(and incorporates the finding and a brief statement of
reasons for such finding in the proposed or final rule)
that an advance notice of proposed rulemaking is
impracticable, unnecessary, or contrary to the public
interest.
(h) Review of Rules.--
(1) In general.--Once every 5 years, the Secretary
shall conduct a review of regulations issued under this
part.
(2) Schedule.--At the beginning of each 5-year review
period, the Secretary shall publish a schedule that
sets forth the plan for completing the review under
paragraph (1) within 5 years.
(3) Notification of changes.--During each review
period, the Secretary shall address any changes to the
schedule published under paragraph (2) and notify the
public of such changes.
(4) Consideration of petitions.--In conducting a
review under paragraph (1), the Secretary shall
consider petitions for regulatory action under this
part received by the Administrator of the Federal Motor
Carrier Safety Administration.
(5) Assessment.--At the conclusion of each review
under paragraph (1), the Secretary shall publish on a
publicly accessible Internet Web site of the Department
of Transportation an assessment that includes--
(A) an inventory of the regulations issued
during the 5-year period ending on the date on
which the assessment is published;
(B) a determination of whether the
regulations are--
(i) consistent and clear;
(ii) current with the operational
realities of the motor carrier
industry; and
(iii) uniformly enforced; and
(C) an assessment of whether the regulations
continue to be necessary.
(6) Rulemaking.--Not later than 2 years after the
completion of each review under this subsection, the
Secretary shall initiate a rulemaking to amend
regulations as necessary to address the determinations
made under paragraph (5)(B) and the results of the
assessment under paragraph (5)(C).
(i) Rule of Construction.--Nothing in subsection (f) or (g)
may be construed to limit the contents of an advance notice of
proposed rulemaking.
Sec. 31137. Electronic logging devices and brake maintenance
regulations
(a) Use of Electronic Logging Devices.--Not later than 1 year
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, the Secretary of Transportation
shall prescribe regulations--
(1) requiring a commercial motor vehicle involved in
interstate commerce and operated by a driver subject to
the hours of service and the record of duty status
requirements under part 395 of title 49, Code of
Federal Regulations, be equipped with an electronic
logging device to improve compliance by an operator of
a vehicle with hours of service regulations prescribed
by the Secretary; and
(2) ensuring that an electronic logging device is not
used to harass a vehicle operator.
(b) Electronic Logging Device Requirements.--
(1) In general.--The regulations prescribed under
subsection (a) shall--
(A) require an electronic logging device--
(i) to accurately record commercial
driver hours of service;
(ii) to record the location of a
commercial motor vehicle;
(iii) to be tamper resistant; and
(iv) to be synchronized to the
operation of the vehicle engine or be
capable of recognizing when the vehicle
is being operated;
(B) allow law enforcement to access the data
contained in the device during a roadside
inspection; and
(C) [apply to] except as provided in
paragraph (3), apply to a commercial motor
vehicle beginning on the date that is 2 years
after the date that the regulations are
published as a final rule.
(2) Performance and design standards.--The
regulations prescribed under subsection (a) shall
establish performance standards--
(A) defining a standardized user interface to
aid vehicle operator compliance and law
enforcement review;
(B) establishing a secure process for
standardized--
(i) and unique vehicle operator
identification;
(ii) data access;
(iii) data transfer for vehicle
operators between motor vehicles;
(iv) data storage for a motor
carrier; and
(v) data transfer and
transportability for law enforcement
officials;
(C) establishing a standard security level
for an electronic logging device and related
components to be tamper resistant by using a
methodology endorsed by a nationally recognized
standards organization; and
(D) identifying each driver subject to the
hours of service and record of duty status
requirements under part 395 of title 49, Code
of Federal Regulations.
(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.
(c) Certification Criteria.--
(1) In general.--The regulations prescribed by the
Secretary under this section shall establish the
criteria and a process for the certification of
electronic logging devices to ensure that the device
meets the performance requirements under this section.
(2) Effect of noncertification.--Electronic logging
devices that are not certified in accordance with the
certification process referred to in paragraph (1)
shall not be acceptable evidence of hours of service
and record of duty status requirements under part 395
of title 49, Code of Federal Regulations.
(d) Additional Considerations.--The Secretary, in prescribing
the regulations described in subsection (a), shall consider how
such regulations may--
(1) reduce or eliminate requirements for drivers and
motor carriers to retain supporting documentation
associated with paper-based records of duty status if--
(A) data contained in an electronic logging
device supplants such documentation; and
(B) using such data without paper-based
records does not diminish the Secretary's
ability to audit and review compliance with the
Secretary's hours of service regulations; and
(2) include such measures as the Secretary determines
are necessary to protect the privacy of each individual
whose personal data is contained in an electronic
logging device.
(e) Use of Data.--
(1) In general.--The Secretary may utilize
information contained in an electronic logging device
only to enforce the Secretary's motor carrier safety
and related regulations, including record-of-duty
status regulations.
(2) Measures to preserve confidentiality of personal
data.--The Secretary shall institute appropriate
measures to preserve the confidentiality of any
personal data contained in an electronic logging device
and disclosed in the course of an action taken by the
Secretary or by law enforcement officials to enforce
the regulations referred to in paragraph (1).
(3) Enforcement.--The Secretary shall institute
appropriate measures to ensure any information
collected by electronic logging devices is used by
enforcement personnel only for the purpose of
determining compliance with hours of service
requirements.
(f) Definitions.--In this section:
(1) Electronic logging device.--The term ``electronic
logging device'' means an electronic device that--
(A) is capable of recording a driver's hours
of service and duty status accurately and
automatically; and
(B) meets the requirements established by the
Secretary through regulation.
(2) Tamper resistant.--The term ``tamper resistant''
means resistant to allowing any individual to cause an
electronic device to record the incorrect date, time,
and location for changes to on- duty driving status of
a commercial motor vehicle operator under part 395 of
title 49, Code of Federal Regulations, or to
subsequently alter the record created by that device.
(g) Brakes and Brake Systems Maintenance Regulations.--The
Secretary shall maintain regulations on improved standards or
methods to ensure that brakes and brake systems of commercial
motor vehicles are maintained properly and inspected by
appropriate employees. At a minimum, the regulations shall
establish minimum training requirements and qualifications for
employees responsible for maintaining and inspecting the brakes
and brake systems.
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
(a) In General.--The Secretary shall--
(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing
among other things the accident record of an owner or
operator operating in interstate commerce and the
accident record and safety inspection record of such
owner or operator--
(A) in operations that affect interstate
commerce within the United States; and
(B) in operations in Canada and Mexico if the
owner or operator also conducts operations
within the United States;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations
readily available to the public; and
(4) prescribe by regulation penalties for violations
of this section consistent with section 521.
(b) Procedure.--The Secretary shall maintain by regulation a
procedure for determining the safety fitness of an owner or
operator. The procedure shall include, at a minimum, the
following elements:
(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate
safety fitness.
(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
(3) Specific time frames within which the Secretary
will determine whether an owner or operator is fit.
(c) Prohibited Transportation.--
(1) In general.--Except as provided in section
521(b)(5)(A) and this subsection, an owner or operator
who the Secretary determines is not fit may not operate
commercial motor vehicles in interstate commerce
beginning on the 61st day after the date of such
fitness determination and until the Secretary
determines such owner or operator is fit.
(2) Owners or operators transporting passengers.--
With regard to owners or operators of commercial motor
vehicles designed or used to transport passengers, an
owner or operator who the Secretary determines is not
fit may not operate in interstate commerce beginning on
the 46th day after the date of such fitness
determination and until the Secretary determines such
owner or operator is fit.
(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor
vehicle is required under regulations prescribed under
chapter 51, an owner or operator who the Secretary
determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary
determines such owner or operator is fit. A violation
of this paragraph by an owner or operator transporting
hazardous material shall be considered a violation of
chapter 51, and shall be subject to the penalties in
sections 5123 and 5124.
(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the
Secretary may allow an owner or operator who is not fit
to continue operating for an additional 60 days after
the 61st day after the date of the Secretary's fitness
determination, if the Secretary determines that such
owner or operator is making a good faith effort to
become fit.
(5) Transportation affecting interstate commerce.--
Owners or operators of commercial motor vehicles
prohibited from operating in interstate commerce
pursuant to paragraphs (1) through (3) of this section
may not operate any commercial motor vehicle that
affects interstate commerce until the Secretary
determines that such owner or operator is fit.
(d) Determination of Unfitness by State.--If a State that
receives motor carrier safety assistance program funds under
section 31102 determines, by applying the standards prescribed
by the Secretary under subsection (b), that an owner or
operator of a commercial motor vehicle that has its principal
place of business in that State and operates in intrastate
commerce is unfit under such standards and prohibits the owner
or operator from operating such vehicle in the State, the
Secretary shall prohibit the owner or operator from operating
such vehicle in interstate commerce until the State determines
that the owner or operator is fit.
(e) Review of Fitness Determinations.--
(1) In general.--Not later than 45 days after an
unfit owner or operator requests a review, the
Secretary shall review such owner's or operator's
compliance with those requirements with which the owner
or operator failed to comply and resulted in the
Secretary determining that the owner or operator was
not fit.
(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall
review such owner's or operator's compliance with those
requirements with which the owner or operator failed to
comply and resulted in the Secretary determining that
the owner or operator was not fit.
(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner
or operator of commercial motor vehicles designed or
used to transport hazardous material for which
placarding of a motor vehicle is required under
regulations prescribed under chapter 51, the Secretary
shall review such owner's or operator's compliance with
those requirements with which the owner or operator
failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
(f) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to
provide any transportation service an owner or operator who the
Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.
(g) Safety Reviews of New Operators.--
(1) Safety review.--
(A) In general.--Except as provided under
subparagraph (B), the Secretary shall require,
by regulation, each owner and each operator
granted new registration under section 13902 or
31134 to undergo a safety review not later than
12 months after the owner or operator, as the
case may be, begins operations under such
registration.
(B) Providers of motorcoach services.--The
Secretary shall require, by regulation, each
owner and each operator granted new
registration to transport passengers under
section 13902 or 31134 to undergo a safety
review not later than 120 days after the owner
or operator, as the case may be, begins
operations under such registration.
(2) Elements.--In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the
elements of the safety review, including basic safety
management controls. In establishing such elements, the
Secretary shall consider their effects on small
businesses and shall consider establishing alternate
locations where such reviews may be conducted for the
convenience of small businesses.
(3) Phase-in of requirement.--The Secretary shall
phase in the requirements of paragraph (1) in a manner
that takes into account the availability of certified
motor carrier safety auditors.
(4) New entrant authority.--Notwithstanding any other
provision of this title, any new operating authority
granted after the date on which section 31148(b) is
first implemented shall be designated as new entrant
authority until the safety review required by paragraph
(1) is completed.
(5) New entrant audits.--
(A) Grants.--The Secretary may make grants to
States and local governments for new entrant
motor carrier audits under this subsection
without requiring a matching contribution from
such States and local governments.
[(B) Set aside.--The Secretary shall set
aside from amounts made available by section
31104(a) up to $32,000,000 per fiscal year and
up to $2,535,519 for the period beginning on
October 1, 2015, and ending on October 29,
2015, for audits of new entrant motor carriers
conducted pursuant to this paragraph.]
(B) Set aside.--The Secretary shall set aside
from amounts made available under section
31104(a) up to $32,000,000 for fiscal year 2016
for audits of new entrant motor carriers
conducted under this paragraph.
(C) Determination.--If the Secretary
determines that a State or local government is
not able to use government employees to conduct
new entrant motor carrier audits, the Secretary
may use the funds set aside under this
paragraph to conduct audits for such States or
local governments.
[Pursuant to subsections (e)(1) and (f) of section 5101 of H.R.
3763 (as reported), paragraph (5) of section 31144 of title 49,
United States Code, as amended by other provisions of this bill
and in effect on October 1, 2016, is repealed as follows:]
[(5) New entrant audits.--
[(A) Grants.--The Secretary may make grants
to States and local governments for new entrant
motor carrier audits under this subsection
without requiring a matching contribution from
such States and local governments.
[(B) Set aside.--The Secretary shall set
aside from amounts made available under section
31104(a) up to $32,000,000 for fiscal year 2016
for audits of new entrant motor carriers
conducted under this paragraph.
[(C) Determination.--If the Secretary
determines that a State or local government is
not able to use government employees to conduct
new entrant motor carrier audits, the Secretary
may use the funds set aside under this
paragraph to conduct audits for such States or
local governments.]
(6) Additional requirements for household goods motor
carriers.--(A) In addition to the requirements of this
subsection, the Secretary shall require, by regulation,
each registered household goods motor carrier to
undergo a consumer protection standards review not
later than 18 months after the household goods motor
carrier begins operations under such authority.
(B) Elements.--In the regulations issued
pursuant to subparagraph (A), the Secretary
shall establish the elements of the consumer
protections standards review, including basic
management controls. In establishing the
elements, the Secretary shall consider the
effects on small businesses and shall consider
establishing alternate locations where such
reviews may be conducted for the convenience of
small businesses.
(h) Recognition of Canadian Motor Carrier Safety Fitness
Determinations.--
(1) If an authorized agency of the Canadian federal
government or a Canadian Territorial or Provincial
government determines, by applying the procedure and
standards prescribed by the Secretary under subsection
(b) or pursuant to an agreement under paragraph (2),
that a Canadian employer is unfit and prohibits the
employer from operating a commercial motor vehicle in
Canada or any Canadian Province, the Secretary may
prohibit the employer from operating such vehicle in
interstate and foreign commerce until the authorized
Canadian agency determines that the employer is fit.
(2) The Secretary may consult and participate in
negotiations with authorized officials of the Canadian
federal government or a Canadian Territorial or
Provincial government, as necessary, to provide
reciprocal recognition of each country's motor carrier
safety fitness determinations. An agreement shall
provide, to the maximum extent practicable, that each
country will follow the procedure and standards
prescribed by the Secretary under subsection (b) in
making motor carrier safety fitness determinations.
(i) Periodic Safety Reviews of Owners and Operators of
Interstate For-hire Commercial Motor Vehicles Designed or Used
to Transport Passengers.--
(1) Safety review.--
(A) In general.--The Secretary shall--
(i) determine the safety fitness of
each motor carrier of passengers who
the Secretary registers under section
13902 or 31134 through a simple and
understandable rating system that
allows passengers to compare the safety
performance of each such motor carrier;
and
(ii) assign a safety fitness rating
to each such motor carrier.
(B) Applicability.--Subparagraph (A) shall
apply--
(i) to any provider of motorcoach
services registered with the
Administration after the date of
enactment of the Motorcoach Enhanced
Safety Act of 2012 beginning not later
than 2 years after the date of such
registration; and
(ii) to any provider of motorcoach
services registered with the
Administration on or before the date of
enactment of that Act beginning not
later than 3 years after the date of
enactment of that Act.
(2) Periodic review.--The Secretary shall establish,
by regulation, a process for monitoring the safety
performance of each motor carrier of passengers on a
regular basis following the assignment of a safety
fitness rating, including progressive intervention to
correct unsafe practices.
(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required
under paragraph (2), the Secretary may organize special
enforcement strike forces targeting motor carriers of
passengers.
(4) Periodic update of safety fitness rating.--In
conducting the safety reviews required under this
subsection, the Secretary shall--
(A) reassess the safety fitness rating of
each motor carrier of passengers not less
frequently than once every 3 years; and
(B) annually assess the safety fitness of
certain motor carriers of passengers that serve
primarily urban areas with high passenger
loads.
* * * * * * *
Sec. 31149. Medical program
(a) Medical Review Board.--
(1) Establishment and function.--The Secretary of
Transportation shall establish a Medical Review Board
to provide the Federal Motor Carrier Safety
Administration with medical advice and recommendations
on medical standards and guidelines for the physical
qualifications of operators of commercial motor
vehicles, medical examiner education, and medical
research.
(2) Composition.--The Medical Review Board shall be
appointed by the Secretary and shall consist of 5
members selected from medical institutions and private
practice. The membership shall reflect expertise in a
variety of medical specialties relevant to the driver
fitness requirements of the Federal Motor Carrier
Safety Administration.
(b) Chief Medical Examiner.--The Secretary shall appoint a
chief medical examiner who shall be an employee of the Federal
Motor Carrier Safety Administration and who shall hold a
position under section 3104 of title 5, United States Code,
relating to employment of specially qualified scientific and
professional personnel, and shall be paid under section 5376 of
title 5, United States Code, relating to pay for certain
senior-level positions.
(c) Medical Standards and Requirements.--
(1) In general.--The Secretary, with the advice of
the Medical Review Board and the chief medical
examiner, shall--
(A) establish, review, and revise--
(i) medical standards for operators
of commercial motor vehicles that will
ensure that the physical condition of
operators of commercial motor vehicles
is adequate to enable them to operate
the vehicles safely; and
(ii) requirements for periodic
physical examinations of such operators
performed by medical examiners who
have, at a minimum, self-certified that
they have completed training in
physical and medical examination
standards and are listed on a national
registry maintained by the Department
of Transportation;
(B) require each such operator to have a
current valid medical certificate;
(C) conduct periodic reviews of a select
number of medical examiners on the national
registry to ensure that proper examinations of
such operators are being conducted;
(D) not later than 1 year after enactment of
the Commercial Motor Vehicle Safety Enhancement
Act of 2012, develop requirements for a medical
examiner to be listed in the national registry
under this section, including--
(i) the completion of specific
courses and materials;
(ii) certification, including, at a
minimum, self-certification, if the
Secretary determines that self-
certification is necessary for
sufficient participation in the
national registry, to verify that a
medical examiner completed specific
training, including refresher courses,
that the Secretary determines necessary
to be listed in the national registry;
(iii) an examination that requires a
passing grade; and
(iv) demonstration of a medical
examiner's willingness to meet the
reporting requirements established by
the Secretary;
(E) require medical examiners to transmit the
name of the applicant and numerical identifier,
as determined by the Administrator of the
Federal Motor Carrier Safety Administration,
for any completed medical examination report
required under section 391.43 of title 49, Code
of Federal Regulations, electronically to the
chief medical examiner on monthly basis; and
(F) periodically review a representative
sample of the medical examination reports
associated with the name and numerical
identifiers of applicants transmitted under
subparagraph (E) for errors, omissions, or
other indications of improper certification.
(2) Monitoring performance.--The Secretary shall
investigate patterns of errors or improper
certification by a medical examiner. If the Secretary
finds that a medical examiner has issued a medical
certificate to an operator of a commercial motor
vehicle who fails to meet the applicable standards at
the time of the examination or that a medical examiner
has falsely claimed to have completed training in
physical and medical examination standards as required
by this section, the Secretary may remove such medical
examiner from the registry and may void the medical
certificate of the applicant or holder.
(d) National Registry of Medical Examiners.--The Secretary,
acting through the Federal Motor Carrier Safety
Administration--
(1) shall establish and maintain a current national
registry of medical examiners who are qualified to
perform examinations and issue medical certificates;
(2) shall remove from the registry the name of any
medical examiner that fails to meet or maintain the
qualifications established by the Secretary for being
listed in the registry or otherwise does not meet the
requirements of this section or regulation issued under
this section;
(3) shall accept as valid only medical certificates
issued by persons on the national registry of medical
examiners, unless the person issuing the certificate is
the subject of an exemption issued under section
31315(b)(1); and
(4) may make participation of medical examiners in
the national registry voluntary if such a change will
enhance the safety of operators of commercial motor
vehicles.
(e) Regulations.--The Secretary shall issue such regulations
as may be necessary to carry out this section.
* * * * * * *
SUBCHAPTER IV--MISCELLANEOUS
Sec. 31161. International cooperation
The Secretary of Transportation is authorized to use funds
made available by [section 31104(i)] section 31110 to
participate and cooperate in international activities to
enhance motor carrier, commercial motor vehicle, driver, and
highway safety by such means as exchanging information,
conducting research, and examining needs, best practices, and
new technology.
* * * * * * *
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
Sec.
31301. Definitions.
* * * * * * *
[31313. Grants for commercial driver's license program implementation.]
31313. Commercial driver's license program implementation financial
assistance program.
* * * * * * *
Sec. 31305. General driver fitness, testing, and training
(a) Minimum Standards for Testing and Fitness.--The Secretary
of Transportation shall prescribe regulations on minimum
standards for testing and ensuring the fitness of an individual
operating a commercial motor vehicle. The regulations--
(1) shall prescribe minimum standards for written and
driving tests of an individual operating a commercial
motor vehicle;
(2) shall require an individual who operates or will
operate a commercial motor vehicle to take a driving
test in a vehicle representative of the type of vehicle
the individual operates or will operate;
(3) shall prescribe minimum testing standards for the
operation of a commercial motor vehicle and may
prescribe different minimum testing standards for
different classes of commercial motor vehicles;
(4) shall ensure that an individual taking the tests
has a working knowledge of--
(A) regulations on the safe operation of a
commercial motor vehicle prescribed by the
Secretary and contained in title 49, Code of
Federal Regulations; and
(B) safety systems of the vehicle;
(5) shall ensure that an individual who operates or
will operate a commercial motor vehicle carrying a
hazardous material--
(A) is qualified to operate the vehicle under
regulations on motor vehicle transportation of
hazardous material prescribed under chapter 51
of this title;
(B) has a working knowledge of--
(i) those regulations;
(ii) the handling of hazardous
material;
(iii) the operation of emergency
equipment used in response to
emergencies arising out of the
transportation of hazardous material;
and
(iv) appropriate response procedures
to follow in those emergencies; and
(C) is licensed by a State to operate the
vehicle after having first been determined
under section 5103a of this title as not posing
a security risk warranting denial of the
license.
(6) shall establish minimum scores for passing the
tests;
(7) shall ensure that an individual taking the tests
is qualified to operate a commercial motor vehicle
under regulations prescribed by the Secretary and
contained in title 49, Code of Federal Regulations, to
the extent the regulations apply to the individual; and
(8) may require--
(A) issuance of a certification of fitness to
operate a commercial motor vehicle to an
individual passing the tests; and
(B) the individual to have a copy of the
certification in the individual's possession
when the individual is operating a commercial
motor vehicle.
(b) Requirements for Operating Vehicles.--(1) Except as
provided in paragraph (2) of this subsection, an individual may
operate a commercial motor vehicle only if the individual has
passed written and driving tests that meet the minimum
standards prescribed by the Secretary under subsection (a) of
this section to operate the vehicle and has a commercial
driver's license to operate the vehicle.
(2) The Secretary may prescribe regulations providing that an
individual may operate a commercial motor vehicle for not more
than 90 days if the individual--
(A) passes a driving test for operating a commercial
motor vehicle that meets the minimum standards
prescribed under subsection (a) of this section; and
(B) has a driver's license that is not suspended,
revoked, or canceled.
(c) Standards for Training.--Not later than 1 year after the
date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the Secretary shall issue final
regulations establishing minimum entry-level training
requirements for an individual operating a commercial motor
vehicle--
(1) addressing the knowledge and skills that--
(A) are necessary for an individual operating
a commercial motor vehicle to safely operate a
commercial motor vehicle; and
(B) must be acquired before obtaining a
commercial driver's license for the first time
or upgrading from one class of commercial
driver's license to another class;
(2) addressing the specific training needs of a
commercial motor vehicle operator seeking passenger or
hazardous materials endorsements;
(3) requiring effective instruction to acquire the
knowledge, skills, and training referred to in
paragraphs (1) and (2), including classroom and behind-
the-wheel instruction;
(4) requiring certification that an individual
operating a commercial motor vehicle meets the
requirements established by the Secretary; and
(5) requiring a training provider (including a public
or private driving school, motor carrier, or owner or
operator of a commercial motor vehicle) that offers
training that results in the issuance of a
certification to an individual under paragraph (4) to
demonstrate that the training meets the requirements of
the regulations, through a process established by the
Secretary.
(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)(4) of title 10.
(B) Covered individual.--The term ``covered
individual'' means--
(i) a former member of the armed
forces; or
(ii) a former member of the reserve
components.
(C) Reserve components.--The term ``reserve
components'' means--
(i) the Army National Guard of the
United States;
(ii) the Army Reserve;
(iii) the Navy Reserve;
(iv) the Marine Corps Reserve;
(v) the Air National Guard of the
United States;
(vi) the Air Force Reserve; and
(vii) the Coast Guard Reserve.
Sec. 31306. Alcohol and controlled substances testing
(a) Definition.--In this section and section 31306a,
``controlled substance'' means any substance under section 102
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802) specified by the Secretary of
Transportation.
(b) Testing Program for Operators of Commercial Motor
Vehicles.--(1)(A) In the interest of commercial motor vehicle
safety, the Secretary of Transportation shall prescribe
regulations that establish a program requiring motor carriers
to conduct preemployment, reasonable suspicion, random, and
post-accident testing of operators of commercial motor vehicles
for the use of a controlled substance in violation of law or a
United States Government regulation and to conduct reasonable
suspicion, random, and post-accident testing of such operators
for the use of alcohol in violation of law or a United States
Government regulation. [The regulations shall permit such motor
carriers to conduct preemployment testing of such employees for
the use of alcohol.]
(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.
[(B)] (C) When the Secretary of Transportation considers it
appropriate in the interest of safety, the Secretary may
prescribe regulations for conducting periodic recurring testing
of operators of commercial motor vehicles for the use of
alcohol or a controlled substance in violation of law or a
Government regulation.
(2) In prescribing regulations under this subsection, the
Secretary of Transportation--
(A) shall require that post-accident testing of an
operator of a commercial motor vehicle be conducted
when loss of human life occurs in an accident involving
a commercial motor vehicle; [and]
(B) may require that post-accident testing of such an
operator be conducted when bodily injury or significant
property damage occurs in any other serious accident
involving a commercial motor vehicle[.]; and
(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.
(c) Testing and Laboratory Requirements.--In carrying out
subsection (b) of this section, the Secretary of Transportation
shall develop requirements that shall--
(1) promote, to the maximum extent practicable,
individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for
controlled substances, incorporate the Department of
Health and Human Services scientific and technical
guidelines dated April 11, 1988, and any amendments to
those guidelines, for urine testing, and technical
guidelines for hair testing, including mandatory
guidelines establishing--
(A) comprehensive standards for every aspect
of laboratory controlled substances testing and
laboratory procedures to be applied in carrying
out this section, including standards requiring
the use of the best available technology to
ensure the complete reliability and accuracy of
controlled substances tests and strict
procedures governing the chain of custody of
specimens collected for controlled substances
testing;
(B) the minimum list of controlled substances
for which individuals may be tested; [and]
(C) appropriate standards and procedures for
periodic review of laboratories and criteria
for certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying out
this section; and
(D) laboratory protocols and cut-off levels
for hair testing to detect the use of a
controlled substance;
(3) require that a laboratory involved in testing
under this section have the capability and facility, at
the laboratory, of performing screening and
confirmation tests;
(4) provide that any test indicating the use of
alcohol or a controlled substance in violation of law
or a Government regulation be confirmed by a
scientifically recognized method of testing capable of
providing quantitative information about alcohol or a
controlled substance;
(5) provide that each specimen be subdivided,
secured, and labeled in the presence of the tested
individual and that a part of the specimen be retained
in a secure manner to prevent the possibility of
tampering, so that if the individual's confirmation
test results are positive the individual has an
opportunity to have the retained part tested by a 2d
confirmation test done independently at another
certified laboratory if the individual requests the 2d
confirmation test not later than 3 days after being
advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body fluid
samples, including urine and blood, through the
development of regulations that may be necessary and in
consultation with the Secretary of Health and Human
Services;
(7) provide for the confidentiality of test results
and medical information (except information about
alcohol or a controlled substance) of employees, except
that this clause does not prevent the use of test
results for the orderly imposition of appropriate
sanctions under this section; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no
employee is harassed by being treated differently from
other employees in similar circumstances.
(d) Testing as Part of Medical Examination.--The Secretary of
Transportation may provide that testing under subsection (a) of
this section for operators subject to subpart E of part 391 of
title 49, Code of Federal Regulations, be conducted as part of
the medical examination required under that subpart.
(e) Rehabilitation.--The Secretary of Transportation shall
prescribe regulations establishing requirements for
rehabilitation programs that provide for the identification and
opportunity for treatment of operators of commercial motor
vehicles who are found to have used alcohol or a controlled
substance in violation of law or a Government regulation. The
Secretary shall decide on the circumstances under which those
operators shall be required to participate in a program. This
section does not prevent a motor carrier from establishing a
program under this section in cooperation with another motor
carrier.
(f) Sanctions.--The Secretary of Transportation shall decide
on appropriate sanctions for a commercial motor vehicle
operator who is found, based on tests conducted and confirmed
under this section, to have used alcohol or a controlled
substance in violation of law or a Government regulation but
who is not under the influence of alcohol or a controlled
substance as provided in this chapter.
(g) Effect on State and Local Government Regulations.--A
State or local government may not prescribe or continue in
effect a law, regulation, standard, or order that is
inconsistent with regulations prescribed under this section.
However, a regulation prescribed under this section may not be
construed to preempt a State criminal law that imposes
sanctions for reckless conduct leading to loss of life, injury,
or damage to property.
(h) International Obligations and Foreign Laws.--In
prescribing regulations under this section, the Secretary of
Transportation--
(1) shall establish only requirements that are
consistent with international obligations of the United
States; and
(2) shall consider applicable laws and regulations of
foreign countries.
(i) Other Regulations Allowed.--This section does not prevent
the Secretary of Transportation from continuing in effect,
amending, or further supplementing a regulation prescribed
before October 28, 1991, governing the use of alcohol or a
controlled substance by commercial motor vehicle employees.
(j) Application of Penalties.--This section does not
supersede a penalty applicable to an operator of a commercial
motor vehicle under this chapter or another law.
* * * * * * *
Sec. 31311. Requirements for State participation
(a) General.--To avoid having amounts withheld from
apportionment under section 31314 of this title, a State shall
comply with the following requirements:
(1) The State shall adopt and carry out a program for
testing and ensuring the fitness of individuals to
operate commercial motor vehicles consistent with the
minimum standards prescribed by the Secretary of
Transportation under section 31305(a) of this title.
(2) The State may issue a commercial driver's license
to an individual only if the individual passes written
and driving tests for the operation of a commercial
motor vehicle that comply with the minimum standards.
(3) The State shall have in effect and enforce a law
providing that an individual with a blood alcohol
concentration level at or above the level established
by section 31310(a) of this title when operating a
commercial motor vehicle is deemed to be driving under
the influence of alcohol.
(4) The State shall authorize an individual to
operate a commercial motor vehicle only by issuing a
commercial driver's license containing the information
described in section 31308(3) of this title.
(5) Not later than the time period prescribed by the
Secretary by regulation, the State shall notify the
Secretary or the operator of the information system
under section 31309 of this title, as the case may be,
of the proposed issuance of the license and other
information the Secretary may require to ensure
identification of the individual applying for the
license.
(6) Before issuing a commercial driver's license to
an individual or renewing such a license, the State
shall request from any other State that has issued a
driver's license to the individual all information
about the driving record of the individual.
(7) Not later than 30 days after issuing a commercial
driver's license, the State shall notify the Secretary
or the operator of the information system under section
31309 of this title, as the case may be, of the
issuance.
(8) Not later than 10 days after disqualifying the
holder of a commercial driver's license from operating
a commercial motor vehicle (or after revoking,
suspending, or canceling the license) for at least 60
days, the State shall notify the Secretary or the
operator of the information system under section 31309
of this title, as the case may be, and the State that
issued the license, of the disqualification,
revocation, suspension, or cancellation, and the
violation that resulted in the disqualification,
revocation, suspension, or cancellation shall be
recorded.
(9) If an individual violates a State or local law on
motor vehicle traffic control (except a parking
violation) and the individual--
(A) has a commercial driver's license issued
by another State; or
(B) is operating a commercial vehicle without
a commercial driver's license and has a
driver's license issued by another State,
the State in which the violation occurred shall notify
a State official designated by the issuing State of the
violations not later than 10 days after the date the
individual is found to have committed the violation.
(10)(A) The State may not issue a commercial driver's
license to an individual during a period in which the
individual is disqualified from operating a commercial
motor vehicle or the individual's driver's license is
revoked, suspended, or canceled.
(B) The State may not issue a special license or
permit (including a provisional or temporary license)
to an individual who holds a commercial driver's
license that permits the individual to drive a
commercial motor vehicle during a period in which--
(i) the individual is disqualified from
operating a commercial motor vehicle; or
(ii) the individual's driver's license is
revoked, suspended, or canceled.
(11) The State may issue a commercial driver's
license to an individual who has a commercial driver's
license issued by another State only if the individual
first returns the driver's license issued by the other
State.
(12)(A) Except as provided in subparagraphs (B) and
(C), the State may issue a commercial driver's license
only to an individual who operates or will operate a
commercial motor vehicle and is domiciled in the State.
(B) Under regulations prescribed by the Secretary,
the State may issue a commercial driver's license to an
individual who--
(i) operates or will operate a commercial
motor vehicle; and
(ii) is not domiciled in a State that issues
commercial driver's licenses.
(C) The State may issue a commercial driver's license
to an individual who--
(i) operates or will operate a commercial
motor vehicle;
[(ii) is a member of the active duty
military, military reserves, National Guard,
active duty United States Coast Guard, or Coast
Guard Auxiliary; and]
(ii) is an active duty member of--
(I) the armed forces (as that term is
defined in section 101(a)(4) of title
10); or
(II) the reserve components (as that
term is defined in section
31305(d)(2)(C) of this title); and
(iii) is not domiciled in the State, but
whose temporary or permanent duty station is
located in the State.
(13) The State shall impose penalties consistent with
this chapter that the State considers appropriate and
the Secretary approves for an individual operating a
commercial motor vehicle.
(14) The State shall allow an individual to operate a
commercial motor vehicle in the State if--
(A) the individual has a commercial driver's
license issued by another State under the
minimum standards prescribed by the Secretary
under section 31305(a) of this title;
(B) the license is not revoked, suspended, or
canceled; and
(C) the individual is not disqualified from
operating a commercial motor vehicle.
(15) The State shall disqualify an individual from
operating a commercial motor vehicle for the same
reasons and time periods for which the Secretary shall
disqualify the individual under subsections (b)-(e),
(i)(1)(A), and (i)(2) of section 31310.
(16)(A) Before issuing a commercial driver's license
to an individual, the State shall request the Secretary
for information from the National Driver Register
maintained under chapter 303 of this title (after the
Secretary decides the Register is operational) on
whether the individual--
(i) has been disqualified from operating a
motor vehicle (except a commercial motor
vehicle);
(ii) has had a license (except a license
authorizing the individual to operate a
commercial motor vehicle) revoked, suspended,
or canceled for cause in the 3-year period
ending on the date of application for the
commercial driver's license; or
(iii) has been convicted of an offense
specified in section 30304(a)(3) of this title.
(B) The State shall give full weight and
consideration to that information in deciding whether
to issue the individual a commercial driver's license.
(17) The State shall adopt and enforce regulations
prescribed by the Secretary under as 31310(j) of this
title.
(18) The State shall maintain, as part of its driver
information system, a record of each violation of a
State or local motor vehicle traffic control law while
operating a motor vehicle (except a parking violation)
for each individual who holds a commercial driver's
license. The record shall be available upon request to
the individual, the Secretary, employers, prospective
employers, State licensing and law enforcement
agencies, and their authorized agents.
(19) The State shall--
(A) record in the driving record of an
individual who has a commercial driver's
license issued by the State; and
(B) make available to all authorized persons
and governmental entities having access to such
record,
all information the State receives under paragraph (9)
with respect to the individual and every violation by
the individual involving a motor vehicle (including a
commercial motor vehicle) of a State or local law on
traffic control (except a parking violation), not later
than 10 days after the date of receipt of such
information or the date of such violation, as the case
may be. The State may not allow information regarding
such violations to be withheld or masked in any way
from the record of an individual possessing a
commercial driver's license.
(20) The State shall revoke, suspend, or cancel the
commercial driver's license of an individual in
accordance with regulations issued by the Secretary to
carry out section 31310(g).
(21) By the date established by the Secretary under
section 31309(e)(4), the State shall be operating a
commercial driver's license information system that is
compatible with the modernized commercial driver's
license information system under section 31309.
(22) The State shall report a conviction of a foreign
commercial driver by that State to the Federal
Convictions and Withdrawal Database, or another
information system designated by the Secretary to
record the convictions. A report shall include--
(A) for a driver holding a foreign commercial
driver's license--
(i) each conviction relating to the
operation of a commercial motor
vehicle; and
(ii) each conviction relating to the
operation of a non-commercial motor
vehicle; and
(B) for an unlicensed driver or a driver
holding a foreign non-commercial driver's
license, each conviction relating to the
operation of a commercial motor vehicle.
(23) Not later than 1 year after the date of
enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the State shall implement a
system and practices for the exclusive electronic
exchange of driver history record information on the
system the Secretary maintains under section 31309,
including the posting of convictions, withdrawals, and
disqualifications.
(24) Before renewing or issuing a commercial driver's
license to an individual, the State shall request
information pertaining to the individual from the drug
and alcohol clearinghouse maintained under section
31306a.
(25) Not later than 5 years after the date of
enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the State shall establish and
maintain, as part of its driver information system, the
capability to receive an electronic copy of a medical
examiner's certificate, from a certified medical
examiner, for each holder of a commercial driver's
license issued by the State who operates or intends to
operate in interstate commerce.
(b) State Satisfaction of Requirements.--A State may satisfy
the requirements of subsection (a) of this section that the
State disqualify an individual from operating a commercial
motor vehicle by revoking, suspending, or canceling the
driver's license issued to the individual.
(c) Notification.--Not later than 30 days after being
notified by a State of the proposed issuance of a commercial
driver's license to an individual, the Secretary or the
operator of the information system under section 31309 of this
title, as the case may be, shall notify the State whether the
individual has a commercial driver's license issued by another
State or has been disqualified from operating a commercial
motor vehicle by another State or the Secretary.
(d) State Commercial Driver's License Program Plan.--
(1) In general.--A State shall submit a plan to the
Secretary for complying with the requirements under
this section during the period beginning on the date
the plan is submitted and ending on September 30, 2016.
(2) Contents.--A plan submitted by a State under
paragraph (1) shall identify--
(A) the actions that the State will take to
address any deficiencies in the State's
commercial driver's license program, as
identified by the Secretary in the most recent
audit of the program; and
(B) other actions that the State will take to
comply with the requirements under subsection
(a).
(3) Priority.--
(A) Implementation schedule.--A plan
submitted by a State under paragraph (1) shall
include a schedule for the implementation of
the actions identified under paragraph (2). In
establishing the schedule, the State shall
prioritize actions to address any deficiencies
highlighted by the Secretary as critical in the
most recent audit of the program.
(B) Deadline for compliance with
requirements.--A plan submitted by a State
under paragraph (1) shall include assurances
that the State will take the necessary actions
to comply with the requirements of subsection
(a) not later than September 30, 2015.
(4) Approval and disapproval.--The Secretary shall--
(A) review each plan submitted under
paragraph (1);
(B)(i) approve a plan if the Secretary
determines that the plan meets the requirements
under this subsection and promotes the goals of
this chapter; and
(ii) disapprove a plan that the Secretary
determines does not meet the requirements or
does not promote the goals.
(5) Modification of disapproved plans.--If the
Secretary disapproves a plan under paragraph (4), the
Secretary shall--
(A) provide a written explanation of the
disapproval to the State; and
(B) allow the State to modify the plan and
resubmit it for approval.
(6) Plan updates.--The Secretary may require a State
to review and update a plan, as appropriate.
(e) Annual Comparison of State Levels of Compliance.--The
Secretary shall annually--
(1) compare the relative levels of compliance by
States with the requirements under subsection (a); and
(2) make the results of the comparison available to
the public.
* * * * * * *
[Sec. 31313. Grants for commercial driver's license program
implementation
[(a) Commercial Driver's License Program Improvement
Grants.--
[(1) Program goal.--The Secretary of Transportation
may make a grant to a State in a fiscal year--
[(A) to comply with the requirements of
section 31311;
[(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of this section and
section 31311, to improve its 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;
[(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.
[(2) Prohibitions.--A State may not use grant funds
under this subsection to rent, lease, or buy land or
buildings.
[(b) High-Priority Activities.--
[(1) Grants for national concerns.--The Secretary may
make a grant to a State agency, local government, or
other person for 100 percent of the costs of research,
development, demonstration projects, public education,
and other special activities and projects relating to
commercial driver licensing and motor vehicle safety
that are of benefit to all jurisdictions of the United
States or are designed to address national safety
concerns and circumstances.
[(2) Funding.--The Secretary may deduct up to 10
percent of the amounts made available to carry out this
section for a fiscal year to make grants under this
subsection.
[(c) Emerging Issues.--The Secretary may designate up to 10
percent of the amounts made available to carry out this section
for a fiscal year for allocation to a State agency, local
government, or other person at the discretion of the Secretary
to address emerging issues relating to commercial driver's
license improvements.
[(d) Apportionment.--Except as otherwise provided in
subsection (c), all amounts made available to carry out this
section for a fiscal year shall be apportioned to States
according to criteria prescribed by the Secretary.]
Sec. 31313. Commercial driver's license program implementation
financial assistance program
(a) 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 (1) and (2).
(1) 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;
(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).
(2) 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)(2) 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.
* * * * * * *
Sec. 31315. Waivers, exemptions, and pilot programs
(a) Waivers.--The Secretary may grant a waiver that relieves
a person from compliance in whole or in part with a regulation
issued under this chapter or section 31136 if the Secretary
determines that it is in the public interest to grant the
waiver and that the waiver is likely to achieve a level of
safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the waiver--
(1) for a period not in excess of 3 months;
(2) limited in scope and circumstances;
(3) for nonemergency and unique events; and
(4) subject to such conditions as the Secretary may
impose.
(b) Exemptions.--
(1) In general.--Upon receipt of a request pursuant
to paragraph (3), the Secretary of Transportation may
grant to a person or class of persons an exemption from
a regulation prescribed under this chapter [or section
31136], section 31136, or section 31149(d)(3) if the
Secretary finds such exemption would likely achieve a
level of safety that is equivalent to, or greater than,
the level that would be achieved absent such exemption.
An exemption may be granted for no longer than 2 years
from its approval date and may be renewed upon
application to the Secretary.
(2) Authority to revoke exemption.--The Secretary
shall immediately revoke an exemption if--
(A) the person fails to comply with the terms
and conditions of such exemption;
(B) the exemption has resulted in a lower
level of safety than was maintained before the
exemption was granted; or
(C) continuation of the exemption would not
be consistent with the goals and objectives of
this chapter or section 31136, as the case may
be.
(3) Requests for exemption.--Not later than 180 days
after the date of enactment of this section and after
notice and an opportunity for public comment, the
Secretary shall specify by regulation the procedures by
which a person may request an exemption. Such
regulations shall, at a minimum, require the person to
provide the following information for each exemption
request:
(A) The provisions from which the person
requests exemption.
(B) The time period during which the
requested exemption would apply.
(C) An analysis of the safety impacts the
requested exemption may cause.
(D) The specific countermeasures the person
would undertake to ensure an equivalent or
greater level of safety than would be achieved
absent the requested exemption.
(4) Notice and comment.--
(A) Upon receipt of a request.--Upon receipt
of an exemption request, the Secretary shall
publish in the Federal Register (or, in the
case of a request for an exemption from the
physical qualification standards for commercial
motor vehicle drivers, post on a web site
established by the Secretary to implement the
requirements of section 31149) a notice
explaining the request that has been filed and
shall give the public an opportunity to inspect
the safety analysis and any other relevant
information known to the Secretary and to
comment on the request. This subparagraph does
not require the release of information
protected by law from public disclosure.
(B) Upon granting a request.--Upon granting a
request and before the effective date of the
exemption, the Secretary shall publish in the
Federal Register (or, in the case of an
exemption from the physical qualification
standards for commercial motor vehicle drivers,
post on a web site established by the Secretary
to implement the requirements of section 31149)
the name of the person granted the exemption,
the provisions from which the person is exempt,
the effective period, and the terms and
conditions of the exemption.
(C) After denying a request.--After denying a
request for exemption, the Secretary shall
publish in the Federal Register (or, in the
case of a request for an exemption from the
physical qualification standards for commercial
motor vehicle drivers, post on a web site
established by the Secretary to implement the
requirements of section 31149) the name of the
person denied the exemption and the reasons for
such denial. The Secretary may meet the
requirement of this subparagraph by
periodically publishing in the Federal Register
the names of persons denied exemptions and the
reasons for such denials.
(5) Applications to be dealt with promptly.--The
Secretary shall grant or deny an exemption request
after a thorough review of its safety implications, but
in no case later than 180 days after the filing date of
such request.
(6) Terms and conditions.--The Secretary shall
establish terms and conditions for each exemption to
ensure that it will likely achieve a level of safety
that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The Secretary
shall monitor the implementation of the exemption to
ensure compliance with its terms and conditions.
(7) Notification of State compliance and enforcement
personnel.--Before the effective date of an exemption,
the Secretary shall notify a State safety compliance
and enforcement agency, and require the agency to
notify the State's roadside inspectors, that a person
will be operating pursuant to an exemption and the
terms and conditions that apply to the exemption.
(c) Pilot Programs.--
(1) In general.--The Secretary may conduct pilot
programs to evaluate alternatives to regulations
relating to, or innovative approaches to, motor
carrier, commercial motor vehicle, and driver safety.
Such pilot programs may include exemptions from a
regulation prescribed under this chapter or section
31136 if the pilot program contains, at a minimum, the
elements described in paragraph (2). The Secretary
shall publish a detailed description of each pilot
program, including the exemptions to be considered, and
provide notice and an opportunity for public comment
before the effective date of the program.
(2) Program elements.--In proposing a pilot program
and before granting exemptions for purposes of a pilot
program, the Secretary shall require, as a condition of
approval of the project, that the safety measures in
the project are designed to achieve a level of safety
that is equivalent to, or greater than, the level of
safety that would otherwise be achieved through
compliance with the regulations prescribed under this
chapter or section 31136. The Secretary shall include,
at a minimum, the following elements in each pilot
program plan:
(A) A scheduled life of each pilot program of
not more than 3 years.
(B) A specific data collection and safety
analysis plan that identifies a method for
comparison.
(C) A reasonable number of participants
necessary to yield statistically valid
findings.
(D) An oversight plan to ensure that
participants comply with the terms and
conditions of participation.
(E) Adequate countermeasures to protect the
health and safety of study participants and the
general public.
(F) A plan to inform State partners and the
public about the pilot program and to identify
approved participants to safety compliance and
enforcement personnel and to the public.
(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot
program of a motor carrier, commercial motor vehicle,
or driver for failure to comply with the terms and
conditions of the pilot program or if continued
participation would not be consistent with the goals
and objectives of this chapter or section 31136, as the
case may be.
(4) Authority to terminate program.--The Secretary
shall immediately terminate a pilot program if its
continuation would not be consistent with the goals and
objectives of this chapter or section 31136, as the
case may be.
(5) Report to Congress.--At the conclusion of each
pilot program, the Secretary shall report to Congress
the findings, conclusions, and recommendations of the
program, including suggested amendments to laws and
regulations that would enhance motor carrier,
commercial motor vehicle, and driver safety and improve
compliance with national safety standards.
(d) Preemption of State Rules.--During the time period that a
waiver, exemption, or pilot program is in effect under this
chapter or section 31136, no State shall enforce any law or
regulation that conflicts with or is inconsistent with the
waiver, exemption, or pilot program with respect to a person
operating under the waiver or exemption or participating in the
pilot program.
(e) Report to Congress.--The Secretary shall submit an annual
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives listing the waivers, exemptions, and pilot
programs granted under this section, and any impacts on safety.
(f) Web Site.--The Secretary shall ensure that the Federal
Motor Carrier Safety Administration web site includes a link to
the web site established by the Secretary to implement the
requirements under sections 31149 and 31315. The link shall be
in a clear and conspicuous location on the home page of the
Federal Motor Carrier Safety Administration web site and be
easily accessible to the public.
[(f)] (g) Limitations on Municipality and Commercial Zone
Exemptions and Waivers.--(1) The Secretary may not--
(A) exempt a person or commercial motor vehicle from
a regulation related to commercial motor vehicle safety
only because the operations of the person or vehicle
are entirely in a municipality or commercial zone of a
municipality; or
(B) waive application to a person or commercial motor
vehicle of a regulation related to commercial motor
vehicle safety only because the operations of the
person or vehicle are entirely in a municipality or
commercial zone of a municipality.
(2) If a person was authorized to operate a commercial motor
vehicle in a municipality or commercial zone of a municipality
in the United States for the entire period from November 19,
1987, through November 18, 1988, and if the person is otherwise
qualified to operate a commercial motor vehicle, the person may
operate a commercial motor vehicle entirely in a municipality
or commercial zone of a municipality notwithstanding--
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States
Government for operation of the vehicle; and
(C) a medical or physical condition that--
(i) would prevent an operator from operating
a commercial motor vehicle under the commercial
motor vehicle safety regulations in title 49,
Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor
vehicle safety law applicable to intrastate commerce.
CHAPTER 315--MOTOR CARRIER SAFETY
* * * * * * *
Sec. 31502. Requirements for qualifications, hours of service, safety,
and equipment standards
(a) Application.--This section applies to transportation--
(1) described in sections 13501 and 13502 of this
title; and
(2) to the extent the transportation is in the United
States and is between places in a foreign country, or
between a place in a foreign country and a place in
another foreign country.
(b) Motor Carrier and Private Motor Carrier Requirements.--
The Secretary of Transportation may prescribe requirements
for--
(1) qualifications and maximum hours of service of
employees of, and safety of operation and equipment of,
a motor carrier; and
(2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor
private carrier, when needed to promote safety of
operation.
(c) Migrant Worker Motor Carrier Requirements.--The Secretary
may prescribe requirements for the comfort of passengers,
qualifications and maximum hours of service of operators, and
safety of operation and equipment of a motor carrier of migrant
workers. The requirements only apply to a carrier transporting
a migrant worker--
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or
possession of the United States.
(d) Considerations.--Before prescribing or revising any
requirement under this section, the Secretary shall consider
the costs and benefits of the requirement.
(e) Exception.--
(1) In general.--Notwithstanding any other provision
of law, regulations issued under this section or
section 31136 regarding--
(A) maximum driving and on-duty times
applicable to operators of commercial motor
vehicles,
(B) physical testing, reporting, or
recordkeeping, and
(C) the installation of automatic recording
devices associated with establishing the
maximum driving and on-duty times referred to
in subparagraph (A),
shall not apply to any driver of a utility service
vehicle during an emergency period of not more than 30
days declared by an elected State or local government
official under paragraph (2) in the area covered by the
declaration.
(2) Declaration of emergency.--An elected State or
local government official or elected officials of more
than one State or local government jointly may issue an
emergency declaration for purposes of paragraph (1)
after notice to the Field Administrator of the Federal
Motor Carrier Safety Administration with jurisdiction
over the area covered by the declaration.
(3) Incident report Within 30 days after the end of
the declared emergency period the official who issued
the emergency declaration shall file with the Field
Administrator a report of each safety-related incident
or accident that occurred during the emergency period
involving--
(A) a utility service vehicle driver to which
the declaration applied; or
(B) a utility service vehicle of the driver
to which the declaration applied.
(4) Definitions.--In this subsection, the following
definitions apply:
(A) Driver of a utility service vehicle.--The
term ``driver of a utility service vehicle''
means any driver who is considered to be a
driver of a utility service vehicle for
purposes of section 345(a)(4) of the National
Highway System Designation Act of 1995 (49
U.S.C. 31136 note; 109 Stat. 613).
(B) Utility service vehicle.--The term
``utility service vehicle'' has the meaning
that term has under section 345(e)(6) of the
National Highway System Designation Act of 1995
(49 U.S.C. 31136 note; 109 Stat 614-615).
(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 1(e)(1)(ii) of part
395 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 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.
* * * * * * *
[Subtitle IX--[Transferred]]
[Chapter Sec.
[Transferred]....................................................]
[Transferred]....................................................]
Subtitle IX--MULTIMODAL FREIGHT TRANSPORTATION
Chapter Sec.
Multimodal freight policy....................................70101
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. National multimodal freight policy
(a) In General.--It is the policy of the United States to
maintain and improve the condition and performance of the
National Multimodal Freight Network established under section
70103 to ensure that the Network provides a foundation for the
United States to compete in the global economy and achieve the
goals described in subsection (b).
(b) Goals.--The goals of the national multimodal freight
policy are--
(1) to identify infrastructure improvements,
policies, and operational innovations that--
(A) strengthen the contribution of the
National Multimodal Freight Network to the
economic competitiveness of the United States;
(B) reduce congestion and eliminate
bottlenecks on the National Multimodal Freight
Network; and
(C) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
(2) to improve the safety, security, efficiency, and
resiliency of multimodal freight transportation;
(3) to achieve and maintain a state of good repair on
the National Multimodal Freight Network;
(4) to use innovation and advanced technology to
improve the safety, efficiency, and reliability of the
National Multimodal Freight Network;
(5) to improve the economic efficiency of the
National Multimodal Freight Network;
(6) 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;
(7) to improve the flexibility of States to support
multi-State corridor planning and the creation of
multi-State organizations to increase the ability of
States to address multimodal freight connectivity; and
(8) to reduce the adverse environmental impacts of
freight movement on the National Multimodal Freight
Network.
Sec. 70102. National freight strategic plan
(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary of Transportation
shall--
(1) develop a national freight strategic plan in
accordance with this section; and
(2) publish the plan on the public Internet Web site
of the Department of Transportation.
(b) Contents.--The national freight strategic plan shall
include--
(1) an assessment of the condition and performance of
the National Multimodal Freight Network;
(2) forecasts of freight volumes for the succeeding
5-, 10-, and 20-year periods;
(3) an identification of major trade gateways and
national freight corridors that connect major
population centers, trade gateways, and other major
freight generators;
(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant
freight congestion, based on a quantitative methodology
developed by the Secretary, which shall, at a minimum,
include--
(A) information from the Freight Analysis
Framework of the Federal Highway
Administration; and
(B) to the maximum extent practicable, an
estimate of the cost of addressing each
bottleneck and any operational improvements
that could be implemented;
(5) an assessment of statutory, regulatory,
technological, institutional, financial, and other
barriers to improved freight transportation
performance, and a description of opportunities for
overcoming the barriers;
(6) an identification of best practices for improving
the performance of the National Multimodal Freight
Network;
(7) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
(8) strategies to improve freight intermodal
connectivity.
(c) Updates.--Not later than 5 years after the date of
completion of the national freight strategic plan under
subsection (a), and every 5 years thereafter, the Secretary
shall update the plan and publish the updated plan on the
public Internet Web site of the Department of Transportation.
(d) Consultation.--The Secretary shall develop and update the
national freight strategic plan in consultation with State
departments of transportation, metropolitan planning
organizations, and other appropriate public and private
transportation stakeholders.
Sec. 70103. National Multimodal Freight Network
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary of Transportation
shall establish the National Multimodal Freight Network in
accordance with this section--
(1) to focus Federal policy on the most strategic
freight assets; and
(2) to assist in strategically directing resources
and policies toward improved performance of the
National Multimodal Freight Network.
(b) Network Components.--The National Multimodal Freight
Network shall include--
(1) the National Highway Freight Network, as
established under section 167 of title 23;
(2) the freight rail systems of Class I railroads, as
designated by the Surface Transportation Board;
(3) the public ports of the United States that have
total annual foreign and domestic trade of at least
2,000,000 short tons, as identified by the Waterborne
Commerce Statistics Center of the Army Corps of
Engineers, using the data from the latest year for
which such data is available;
(4) the inland and intracoastal waterways of the
United States, as described in section 206 of the
Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);
(5) the Great Lakes, the St. Lawrence Seaway, and
coastal routes along which domestic freight is
transported;
(6) the 50 airports located in the United States with
the highest annual landed weight, as identified by the
Federal Aviation Administration; and
(7) other strategic freight assets, including
strategic intermodal facilities and freight rail lines
of Class II and Class III railroads, designated by the
Secretary as critical to interstate commerce.
(c) Other Strategic Freight Assets.--In determining network
components in subsection (b), the Secretary may consider
strategic freight assets identified by States, including public
ports if such ports do not meet the annual tonnage threshold,
for inclusion on the National Multimodal Freight Network.
(d) Redesignation.--Not later than 5 years after the date of
establishment of the National Multimodal Freight Network under
subsection (a), and every 5 years thereafter, the Secretary
shall update the National Multimodal Freight Network.
(e) Consultation.--The Secretary shall establish and update
the National Multimodal Freight Network in consultation with
State departments of transportation and other appropriate
public and private transportation stakeholders.
(f) Landed Weight Defined.--In this section, the term
``landed weight'' means the weight of an aircraft transporting
only cargo in intrastate, interstate, or foreign air
transportation, as such terms are defined in section 40102(a).
CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION
Sec.
70201. State freight advisory committees.
70202. State freight plans.
70203. Data and tools.
Sec. 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. State freight plans
(a) In General.--Each State shall develop a freight plan that
provides a comprehensive plan for the immediate and long-range
planning activities and investments of the State with respect
to freight.
(b) Plan Contents.--A freight plan described in subsection
(a) shall include, at a minimum--
(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
(2) a description of the freight policies,
strategies, and performance measures that will guide
the freight-related transportation investment decisions
of the State;
(3) a description of how the plan will improve the
ability of the State to meet the national freight goals
described in section 70101;
(4) evidence of consideration of innovative
technologies and operational strategies, including
intelligent transportation systems, that improve the
safety and efficiency of freight movement;
(5) in the case of routes on which travel by heavy
vehicles (including mining, agricultural, energy cargo
or equipment, and timber vehicles) is projected to
substantially deteriorate the condition of roadways, a
description of improvements that may be required to
reduce or impede the deterioration; and
(6) an inventory of facilities with freight mobility
issues, such as truck bottlenecks, within the State,
and a description of the strategies the State is
employing to address those freight mobility issues.
(c) Relationship to State Plans.--
(1) In general.--A freight plan described in
subsection (a) may be developed separately from or
incorporated into the statewide transportation plans
required by section 135 of title 23.
(2) Updates.--If the freight plan described in
subsection (a) is developed separately from the State
transportation improvement program, the freight plan
shall be updated at least every 5 years.
Sec. 70203. Data and tools
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
(1) begin development of new tools or improve
existing tools to support an outcome-oriented,
performance-based approach to evaluate proposed
freight-related and other transportation projects,
including--
(A) methodologies for systematic analysis of
benefits and costs;
(B) tools for ensuring that the evaluation of
freight-related and other transportation
projects may consider safety, economic
competitiveness, environmental sustainability,
and system condition in the project selection
process; and
(C) other elements to assist in effective
transportation planning;
(2) identify transportation-related freight travel
models and model data elements to support a broad range
of evaluation methods and techniques to assist in
making transportation investment decisions; and
(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts, including
improved methods to standardize and manage the data,
that could reduce identified freight data gaps and
deficiencies and help improve forecasts of freight
transportation demand.
(b) Consultation.--The Secretary shall consult with Federal,
State, and other stakeholders to develop, improve, and
implement the tools and collect the data described in
subsection (a).
* * * * * * *
----------
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle B--General Provisions
* * * * * * *
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) [Omitted amendatory text]
(b) Interstate System Reconstruction and Rehabilitation Pilot
Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State to collect tolls
on a highway, bridge, or tunnel on the Interstate
System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll
facility, including the age, condition, and
intensity of use of the facility.
(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
(D) A facility management plan that
includes--
(i) a plan for implementing the
imposition of tolls on the facility;
(ii) a schedule and finance plan for
the reconstruction or rehabilitation of
the facility using toll revenues;
(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
(v) such other information as the
Secretary may require.
(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
(C) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; [and]
(E) the State has given preference to the use
of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System[.]; and
(F) the State has approved enabling
legislation required for the project to
proceed.
(5) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
(A) all toll revenues received from operation
of the toll facility will be used only for--
(i) debt service;
(ii) reasonable return on investment
of any private person financing the
project; and
(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
(6) Requirements for project completion.--
(A) General term for expiration of
provisional application.--An application
provisionally approved by the Secretary under
this subsection shall expire 3 years after the
date on which the application was provisionally
approved if the State has not--
(i) submitted a complete application
to the Secretary that fully satisfies
the eligibility criteria under
paragraph (3) and the selection
criteria under paragraph (4);
(ii) completed the environmental
review and permitting process under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the
pilot project; and
(iii) executed a toll agreement with
the Secretary.
(B) Exceptions to expiration.--
Notwithstanding subparagraph (A), the Secretary
may extend the provisional approval for not
more than 1 additional year if the State
demonstrates material progress toward
implementation of the project as evidenced by--
(i) substantial progress in
completing the environmental review and
permitting process for the pilot
project under the National
Environmental Policy Act of 1969;
(ii) funding and financing
commitments for the pilot project;
(iii) expressions of support for the
pilot project from State and local
governments, community interests, and
the public; and
(iv) submission of a facility
management plan pursuant to paragraph
(3)(D).
(C) Conditions for previously provisionally
approved applications.--A State with a
provisionally approved application for a pilot
project as of the date of enactment of the
Surface Transportation Reauthorization and
Reform Act of 2015 shall have 1 year after such
date of enactment to meet the requirements of
subparagraph (A) or receive an extension from
the Secretary under subparagraph (B), or the
application will expire.
(7) Definition.--In this subsection, the term
``provisional approval'' or ``provisionally approved''
means the approval by the Secretary of a partial
application under this subsection, including the
reservation of a slot in the pilot program.
[(6)] (8) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
[(7)] (9) Program term.--The Secretary shall conduct
the pilot program under this subsection for a term to
be determined by the Secretary, but not less than 10
years.
[(8)] (10) Interstate system defined.--In this
subsection, the term ``Interstate System'' has the
meaning such term has under section 101 of title 23,
United States Code.
* * * * * * *
----------
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
TITLE I--SURFACE TRANSPORTATION
Part A--Title 23 Programs
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Findings.--The Congress finds that--
(1) the construction of the Interstate Highway System
connected the major population centers of the Nation
and greatly enhanced economic growth in the United
States;
(2) many regions of the Nation are not now adequately
served by the Interstate System or comparable highways
and require further highway development in order to
serve the travel and economic development needs of the
region; and
(3) the development of transportation corridors is
the most efficient and effective way of integrating
regions and improving efficiency and safety of commerce
and travel and further promoting economic development.
(b) Purpose.--It is the purpose of this section to identify
highway corridors and evacuation routes of national
significance; to include those corridors on the National
Highway System; to allow the Secretary, in cooperation with the
States, to prepare long-range plans and feasibility studies for
these corridors; to allow the States to give priority to
funding the construction of these corridors; and to provide
increased funding for segments of these corridors that have
been identified for construction.
(c) Identification of High Priority Corridors on National
Highway System.--The following are high priority corridors on
the National Highway System:
(1) North-South Corridor from Kansas City, Missouri,
to Shreveport, Louisiana.
(2) Avenue of the Saints Corridor from St. Louis,
Missouri, to St. Paul, Minnesota.
(3) East-West Transamerica Corridor commencing on the
Atlantic Coast in the Hampton Roads area going westward
across Virginia to the vicinity of Lynchburg, Virginia,
continuing west to serve Roanoke and then to a West
Virginia corridor centered around Beckley to Welch as
part of the Coalfields Expressway described in section
1069(v), then to Williamson sharing a common corridor
with the I-73/74 Corridor (referred to in item 12 of
the table contained in subsection (f)), then to a
Kentucky Corridor centered on the cities of Pikeville,
Jenkins, Hazard, London, and Somerset; then, generally
following the Louie B. Nunn Parkway corridor from
Somerset to Columbia, to Glasgow, to I-65; then to
Bowling Green, Hopkinsville, Benton, and Paducah, into
Illinois, and into Missouri and exiting western
Missouri and moving westward across southern Kansas.
(4) Hoosier Heartland Industrial Corridor from
Lafayette, Indiana, to Toledo, Ohio.
(5)(A) I-73/74 North-South Corridor from Charleston,
South Carolina, through Winston-Salem, North Carolina,
to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at
Detroit, Michigan and Sault Ste. Marie, Michigan. The
Sault Ste. Marie terminus shall be reached via a
corridor connecting Adrian, Jackson, Lansing, Mount
Pleasant, and Grayling, Michigan.
(B)(i) In the Commonwealth of Virginia, the Corridor
shall generally follow--
(I) United States Route 220 from the
Virginia-North Carolina border to I-581 south
of Roanoke;
(II) I-581 to I-81 in the vicinity of
Roanoke;
(III) I-81 to the proposed highway to
demonstrate intelligent transportation systems
authorized by item 29 of the table in section
1107(b) in the vicinity of Christiansburg to
United States Route 460 in the vicinity of
Blacksburg; and
(IV) United States Route 460 to the West
Virginia State line.
(ii) In the States of West Virginia, Kentucky, and
Ohio, the Corridor shall generally follow--
(I) United States Route 460 from the West
Virginia State line to United States Route 52
at Bluefield, West Virginia; and
(II) United States Route 52 to United States
Route 23 at Portsmouth, Ohio.
(iii) In the States of North Carolina and South
Carolina, the Corridor shall generally follow--
(I) in the case of I-73--
(aa) United States Route 220 from the
Virginia State line to State Route 68
in the vicinity of Greensboro;
(bb) State Route 68 to I-40;
(cc) I-40 to United States Route 220
in Greensboro;
(dd) United States Route 220 to
United States Route 1 near Rockingham;
(ee) United States Route 1 to the
South Carolina State line; and
(ff) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina, including a
connection to Andrews following
the route 41 corridor and to
Camden following the U.S. Route
521 corridor; and
(II) in the case of I-74--
(aa) I-77 from Bluefield, West
Virginia, to the junction of I-77 and
the United States Route 52 connector in
Surry County, North Carolina;
(bb) the I-77/United States Route 52
connector to United States Route 52
south of Mount Airy, North Carolina;
(cc) United States Route 52 to United
States Route 311 in Winston-Salem,
North Carolina;
(dd) United States Route 311 to
United States Route 220 in the vicinity
of Randleman, North Carolina;
(ee) United States Route 220 to
United States Route 74 near Rockingham;
(ff) United States Route 74 to United
States Route 76 near Whiteville;
(gg) United States Route 74/76 to the
South Carolina State line in Brunswick
County; and
(hh) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina.
(6) United States Route 80 Corridor from Meridian,
Mississippi, to Savannah, Georgia.
(7) East-West Corridor from Memphis, Tennessee,
through Huntsville, Alabama, to Atlanta, Georgia, and
Chattanooga, Tennessee.
(8) Highway 412 East-West Corridor from Tulsa,
Oklahoma, through Arkansas along United States Route
62/63/65 to Nashville, Tennessee.
(9) United States Route 220 and the Appalachian
Thruway Corridor from Business 220 in Bedford,
Pennsylvania, to the vicinity of Corning, New York,
including United States Route 322 between United States
Route 220 and I-80.
(10) Appalachian Regional Corridor X.
(11) Appalachian Regional Corridor V.
(12) United States Route 25E Corridor from Corbin,
Kentucky, to Morristown, Tennessee, via Cumberland Gap,
to include that portion of Route 58 in Virginia which
lies within the Cumberland Gap Historical Park.
[(13) Raleigh-Norfolk Corridor, Raleigh, North
Carolina, to Norfolk, Virginia.]
(13) Raleigh-Norfolk Corridor from Raleigh, North
Carolina, through Rocky Mount, Williamston, and
Elizabeth City, North Carolina, to Norfolk, Virginia.
(14) Heartland Expressway from Denver, Colorado,
through Scottsbluff, Nebraska, to Rapid City, South
Dakota as follows:
(A) In the State of Colorado, the Heartland
Expressway Corridor shall generally follow--
(i) Interstate 76 from Denver to
Brush; and
(ii) Colorado Highway 71 from Limon
to the border between the States of
Colorado and Nebraska.
(B) In the State of Nebraska, the Heartland
Expressway Corridor shall generally follow--
(i) Nebraska Highway 71 from the
border between the States of Colorado
and Nebraska to Scottsbluff;
(ii) United States Route 26 from
Scottsbluff to the intersection with
State Highway L62A;
(iii) State Highway L62A from the
intersection with United States Route
26 to United States Route 385 north of
Bridgeport;
(iv) United States Route 385 to the
border between the States of Nebraska
and South Dakota; and
(v) United States Highway 26 from
Scottsbluff to the border of the States
of Nebraska and Wyoming.
(C) In the State of Wyoming, the Heartland
Expressway Corridor shall generally follow
United States Highway 26 from the border of the
States of Nebraska and Wyoming to the
termination at Interstate 25 at Interchange
number 94.
(D) In the State of South Dakota, the
Heartland Expressway Corridor shall generally
follow--
(i) United States Route 385 from the
border between the States of Nebraska
and South Dakota to the intersection
with State Highway 79; and
(ii) State Highway 79 from the
intersection with United States Route
385 to Rapid City.
(15) Urban Highway Corridor along M-59 in Michigan.
(16) Economic Lifeline Corridor along I-15 and I-40
in California, Arizona, and Nevada.
(17) Route 29 Corridor from Greensboro, North
Carolina, to the District of Columbia.
(18) Corridor from Sarnia, Ontario, Canada, through
Port Huron, Michigan, southwesterly along Interstate
Route 69 through Indianapolis, Indiana, through
Evansville, Indiana, Memphis, Tennessee, Mississippi,
Arkansas, Shreveport/Bossier, Louisiana, to Houston,
Texas, and to the Lower Rio Grande Valley at the border
between the United States and Mexico, as follows:
(A) In Michigan, the corridor shall be from
Sarnia, Ontario, Canada, southwesterly along
Interstate Route 94 to the Ambassador Bridge
interchange in Detroit, Michigan.
(B) In Michigan and Illinois, the corridor
shall be from Windsor, Ontario, Canada, through
Detroit, Michigan, westerly along Interstate
Route 94 to Chicago, Illinois.
(C) In Tennessee, Mississippi, Arkansas, and
Louisiana, the Corridor shall--
(i) follow the alignment generally
identified in the Corridor 18 Special
Issues Study Final Report; and
(ii) include a connection between the
Corridor east of Wilmar, Arkansas, and
west of Monticello, Arkansas, to Pine
Bluff, Arkansas.
(D) In the Lower Rio Grande Valley, the
Corridor shall--
(i) include United States Route 77
from the Rio Grande River to Interstate
Route 37 at Corpus Christi, Texas, and
then to Victoria, Texas, via U.S. Route
77;
(ii) include United States Route 281
from the Rio Grande River to Interstate
Route 37 and then to Victoria, Texas,
via United States Route 59; [and]
(iii) include the Corpus Christi
Northside Highway and Rail Corridor
from the existing intersection of
United States Route 77 and Interstate
Route 37 to United States Route 181,
including FM511 from United States
Route 77 to the Port of Brownsville[.];
and
(iv) include Texas State Highway 44
from United States Route 59 at Freer,
Texas, to Texas State Highway 358.
(E) In Kentucky, the corridor shall utilize
the existing Purchase Parkway from the
Tennessee State line to Interstate 24, follow
Interstate Route 24 to the Wendell H. Ford
Western Kentucky Parkway, then utilize the
existing Wendell H. Ford Western Kentucky
Parkway and Edward T. Breathitt (Pennyrile)
Parkway to Henderson.
(19) United States Route 395 Corridor from the United
States-Canadian border to Reno, Nevada.
(20) United States Route 59 Corridor from Laredo,
Texas, through Houston, Texas, to the vicinity of
Texarkana, Texas.
(21) United States Route 219 Corridor from Buffalo,
New York, to the intersection of Interstate Route 80.
(22) The Alameda Transportation Corridor along
Alameda Street from the entrance to the ports of Los
Angeles and Long Beach to Interstate 10, Los Angeles,
California.
(23) The Interstate Route 35 Corridor from Laredo,
Texas, through Oklahoma City, Oklahoma, to Wichita,
Kansas, to Kansas City, Kansas/Missouri, to Des Moines,
Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota,
including I-29 between Kansas City and the Canadian
border and the connection from Wichita, Kansas, to
Sioux City, Iowa, which includes I-135 from Wichita,
Kansas to Salina, Kansas, United States Route 81 from
Salina, Kansas, to Norfolk, Nebraska, Nebraska State
Route 35 from Norfolk, Nebraska, to South Sioux City,
Nebraska, and the connection to I-29 in Sioux City,
Iowa.
(24) The Dalton Highway from Deadhorse, Alaska to
Fairbanks, Alaska.
(25) State Route 168 (South Battlefield Boulevard),
Virginia, from the Great Bridge Bypass to the North
Carolina State line.
(26) The CANAMEX Corridor from Nogales, Arizona,
through Las Vegas, Nevada, to Salt Lake City, Utah, to
Idaho Falls, Idaho, to Montana, to the Canadian Border
as follows:
(A) In the State of Arizona, the CANAMEX
Corridor shall generally follow--
(i) I-19 from Nogales to Tucson;
(ii) I-10 from Tucson to Phoenix; and
(iii) United States Route 93 in the
vicinity of Phoenix to the Nevada
Border.
(B) In the State of Nevada, the CANAMEX
Corridor shall follow--
(i) United States Route 93 from the
Arizona Border to Las Vegas; and
(ii) I-15 from Las Vegas to the Utah
Border.
(C) From the Utah Border through Montana to
the Canadian Border, the CANAMEX Corridor shall
follow I-15.
(27) The Camino Real Corridor from El Paso, Texas, to
Denver, Colorado, as follows:
(A) In the State of Texas, the Camino Real
Corridor shall generally follow--
(i) arterials from the international
ports of entry to I-10 in El Paso
County; and
(ii) I-10 from El Paso County to the
New Mexico border.
(B) In the State of New Mexico, the Camino
Real Corridor shall generally follow--
(i) I-10 from the Texas Border to Las
Cruces; and
(ii) I-25 from Las Cruces to the
Colorado Border.
(C) In the State of Colorado, the Camino Real
Corridor shall generally follow I-25 from the
New Mexico border to Denver continuing to the
Wyoming border.
(D) In the State of Wyoming, the Camino Real
Corridor shall generally follow--
(i) I-25 north to join with I-90 at
Buffalo; and
(ii) I-90 to the Montana border.
(E) In the State of Montana, the Camino Real
Corridor shall generally follow--
(i) I-90 to Billings; and
(ii) Montana Route 3, United States
Route 12, United States Route 191,
United States Route 87, to I-15 at
Great Falls; and
(iii) I-15 from Great Falls to the
Canadian border.
(28) The Birmingham Northern Beltline beginning at I-
59 in the vicinity of Trussville, Alabama, and
traversing westwardly intersecting with United States
Route 75, United States Route 79, and United States
Route 31; continuing southwestwardly intersecting
United States Route 78 and terminating at I-59 with the
I-459 interchange.
(29) The Coalfields Expressway beginning at Beckley,
West Virginia, to Pound, Virginia, generally following
the corridor defined as State Routes 54, 97, 10, 16,
and 83.
(30) Interstate Route 5 in the States of California,
Oregon, and Washington, including California State
Route 905 between Interstate Route 5 and the Otay Mesa
Port of Entry.
(31) The Mon-Fayette Expressway and Southern Beltway
in Pennsylvania and West Virginia.
(32) The Wisconsin Development Corridor from the
Iowa, Illinois, and Wisconsin border near Dubuque,
Iowa, to the Upper Mississippi River Basin near Eau
Claire, Wisconsin, as follows:
(A) United States Route 151 from the Iowa
border to Fond du Lac via Madison, Wisconsin,
then United States Route 41 from Fond du Lac to
Marinette via Oshkosh, Appleton, and Green Bay,
Wisconsin.
(B) State Route 29 from Green Bay to I-94 via
Wausau, Chippewa Falls, and Eau Claire,
Wisconsin.
(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
(33) The Capital Gateway Corridor following United
States Route 50 from the proposed intermodal
transportation center connected to and including the I-
395 corridor in Washington, D.C., to the intersection
of United States Route 50 with Kenilworth Avenue and
the Baltimore-Washington Parkway in Maryland.
(34) The Alameda Corridor-East and Southwest Passage,
California. The Alameda Corridor-East is generally
described as the corridor from East Los Angeles
(terminus of Alameda Corridor) through Los Angeles,
Orange, San Bernardino, and Riverside Counties, to
termini at Barstow in San Bernardino County and
Coachella in Riverside County. The Southwest Passage
shall follow I-10 from San Bernardino to the Arizona
State line.
(35) Everett-Tacoma FAST Corridor.
(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I-90 in
Pennsylvania.
(37) United States Route 90 from I-49 in Lafayette,
Louisiana, to I-10 in New Orleans.
(38)(A) The Ports-to-Plains Corridor from Laredo,
Texas, via I-27 to Denver, Colorado, shall include:
(i) In the State of Texas the Ports-to-Plains
Corridor shall generally follow--
(I) I-35 from Laredo to United States
Route 83 at Exit 18;
(II) United States Route 83 from Exit
18 to Carrizo Springs;
(III) United States Route 277 from
Carrizo Springs to San Angelo;
(IV) United States Route 87 from San
Angelo to Sterling City;
(V) From Sterling City to Lamesa, the
Corridor shall follow United States
Route 87 and, the Corridor shall also
follow Texas Route 158 from Sterling
City to I-20, then via I-20 West to
Texas Route 349 and, Texas Route 349
from Midland to Lamesa;
(VI) United States Route 87 from
Lamesa to Lubbock;
(VII) I-27 from Lubbock to Amarillo;
(VIII) United States Route 287 from
Amarillo to Dumas; and
(IX) United States Route 287 from
Dumas to the border between the States
of Texas and Oklahoma, and also United
States Route 87 from Dumas to the
border between the States of Texas and
New Mexico.
(ii) In the State of Oklahoma, the Ports-to-
Plains Corridor shall generally follow United
States Route 287 from the border between the
States of Texas and Oklahoma to the border
between the States of Oklahoma and Colorado.
(iii) In the State of Colorado, the Ports-to-
Plains Corridor shall generally follow--
(I) United States Route 287 from the
border between the States of Oklahoma
and Colorado to Limon; and
(II) Interstate Route 70 from Limon
to Denver.
(iv) In the State of New Mexico, the Ports-
to-Plains Corridor shall generally follow
United States Route 87 from the border between
the States of Texas and New Mexico to Raton.
(B) The corridor designation contained in subclauses
(I) through (VIII) of subparagraph (A)(i) shall take
effect only if the Texas Transportation Commission has
not designated the Ports-to-Plains Corridor in Texas by
June 30, 2001.
(39) United States Route 63 from Marked Tree,
Arkansas, to I-55.
(40) The Greensboro Corridor from Danville, Virginia,
to Greensboro, North Carolina, along United States
Route 29.
(41) The Falls-to-Falls Corridor--United States Route
53 from International Falls on the Minnesota/Canada
border to Chippewa Falls, Wisconsin.
(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55
near Batesville, Mississippi, to the intersection with
Corridor X of the Appalachian development highway
system near Fulton, Mississippi.
(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State
border.
(44) The Louisiana Highway 1 corridor from Grand
Isle, Louisiana, along Louisiana Highway 1, to the
intersection with United States Route 90.
(45) The United States Route 78 Corridor from
Memphis, Tennessee, to Corridor X of the Appalachian
development highway system near Fulton, Mississippi,
and Corridor X of the Appalachian development highway
system extending from near Fulton, Mississippi, to near
Birmingham, Alabama.
(46) Interstate Route 710 between the terminus at
Long Beach, California, to California State Route 60.
(47) Interstate Route 87 from the Quebec border to
New York City.
(48) The Route 50 High Plains Corridor along the
United States Route 50 corridor from Newton, Kansas, to
Pueblo, Colorado.
(49) The Atlantic Commerce Corridor on Interstate
Route 95 from Jacksonville, Florida, to Miami, Florida.
(50) The East-West Corridor commencing in Watertown,
New York, continuing northeast through New York,
Vermont, New Hampshire, and Maine, and terminating in
Calais, Maine.
(51) The SPIRIT Corridor on United States Route 54
from El Paso, Texas, through New Mexico, Texas, and
Oklahoma to Wichita, Kansas.
(52) The route in Arkansas running south of and
parallel to Arkansas State Highway 226 from the
relocation of United States Route 67 to the vicinity of
United States Route 49 and United States Route 63.
(53) United States Highway Route 6 from Interstate
Route 70 to Interstate Route 15, Utah.
(54) The California Farm-to-Market Corridor,
California State Route 99 from south of Bakersfield to
Sacramento, California.
(55) In Texas, Interstate Route 20 from Interstate
Route 35E in Dallas County, east to the intersection of
Interstate Route 635, north to the intersection of
Interstate Route 30, northeast through Texarkana to
Little Rock, Arkansas, Interstate Route 40 northeast
from Little Rock east to the proposed Interstate Route
69 corridor.
(56) In the State of Texas, the La Entrada al
Pacifico Corridor consisting of the following highways
and any portion of a highway in a corridor on 2 miles
of either side of the center line of the highway:
(A) State Route 349 from Lamesa to the point
on that highway that is closest to 32 degrees,
7 minutes, north latitude, by 102 degrees, 6
minutes, west longitude.
(B) The segment or any roadway extending from
the point described by subparagraph (A) to the
point on Farm-to-Market Road 1788 closest to 32
degrees, 0 minutes, north latitude, by 102
degrees, 16 minutes, west longitude.
(C) Farm-to-Market Road 1788 from the point
described by subparagraph (B) to its
intersection with Interstate Route 20.
(D) Interstate Route 20 from its intersection
with Farm-to-Market Road 1788 to its
intersection with United States Route 385.
(E) United States Route 385 from Odessa to
Fort Stockton, including those portions that
parallel United States Route 67 and Interstate
Route 10.
(F) United States Route 67 from Fort Stockton
to Presidio, including those portions that
parallel Interstate Route 10 and United States
Route 90.
(57) United States Route 41 corridor between
Interstate Route 94 via Interstate Route 894 and
Highway 45 near Milwaukee and Interstate Route 43 near
Green Bay in the State of Wisconsin.
(58) The Theodore Roosevelt Expressway from Rapid
City, South Dakota, north on United States Route 85 to
Williston, North Dakota, west on United States Route 2
to Culbertson, Montana, and north on Montana Highway 16
to the international border with Canada at the port of
Raymond, Montana.
(59) The Central North American Trade Corridor from
the border between North Dakota and South Dakota, north
on United States Route 83 through Bismark and Minot,
North Dakota, to the international border with Canada.
(60) The Providence Beltline Corridor beginning at
Interstate Route 95 in the vicinity of Hope Valley,
Rhode Island, traversing eastwardly intersecting and
merging into Interstate Route 295, continuing
northeastwardly along Interstate Route 95, and
terminating at the Massachusetts border, and including
the western bypass of Providence, Rhode Island, from
Interstate Route 295 to the Massachusetts border.
(61) In the State of Missouri, the corridors
consisting of the following highways:
(A) Interstate Route 70, from Interstate
Route 29/35 to United States Route 61/Avenue of
the Saints.
(B) Interstate Route 72/United States Route
36, from the intersection with Interstate Route
29 to United States Route 61/Avenue of the
Saints.
(C) United States Route 67, from Interstate
Route 55 to the Arkansas State line.
(D) United States Route 65, from United
States Route 36/Interstate Route 72 to the
East-West TransAmerica corridor, at the
Arkansas State line.
(E) United States Route 63, from United
States Route 36 and the proposed Interstate
Route 72 to the East-West TransAmerica
corridor, at the Arkansas State line.
(F) United States Route 54, from the Kansas
State line to United States Route 61/Avenue of
the Saints.
(62) The Georgia Developmental Highway System
Corridors identified in section 32-4-22 of the Official
Code of Georgia, Annotated.
(63) The Liberty Corridor, a corridor in an area
encompassing very critical and significant
transportation infrastructure providing regional,
national, and international access through the State of
New Jersey, including Interstate Routes 95, 80, 287,
and 78, United States Routes 1, 9, and 46, and State
Routes 3 and 17, and portways and connecting
infrastructure.
(64) The corridor in an area of passage in the State
of New Jersey serving significant interstate and
regional traffic, located near the cities of Camden,
New Jersey, and Philadelphia, Pennsylvania, and
including Interstate Route 295, State Route 42, United
States Route 130, and Interstate Routes 76 and 676.
(65) The Interstate Route 95 Corridor beginning at
the New York State line and continuing through
Connecticut to the Rhode Island State line.
(66) The Interstate Route 91 Corridor from New Haven,
Connecticut, to the Massachusetts State line.
(67) The Fairbanks-Yukon International Corridor
consisting of the portion of the Alaska Highway from
the international border with Canada to the Richardson
Highway, and the Richardson Highway from its junction
with the Alaska Highway to Fairbanks, Alaska.
[(68) The Washoe County corridor, along Interstate
Route 580/United States Route 95/United States Route
95A, from Reno, Nevada, to Las Vegas, Nevada.]
(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.
(69) The Cross Valley Connector connecting Interstate
Route 5 and State Route 14, Santa Clarita Valley,
California.
(70) The Economic Lifeline corridor, along Interstate
Route 15 and Interstate Route 40, California, Arizona,
and Nevada, including Interstate Route 215 South from
near San Bernadino, California, to Riverside,
California, and State Route 91 from Riverside,
California, to the intersection with Interstate Route
15 near Corona, California.
(71) The High Desert Corridor/E-220 from Los Angeles,
California, to Las Vegas, Nevada, via Palmdale and
Victorville, California.
(72) The North-South corridor, along Interstate Route
49 North, from Kansas City, Missouri, to Shreveport,
Louisiana.
(73) The Louisiana Highway corridor, along Louisiana
Highway 1, from Grand Isle, Louisiana, to the
intersection with United States Route 90.
(74) The portion of United States Route 90 from
Interstate Route 49 in Lafayette, Louisiana, to
Interstate Route 10 in New Orleans, Louisiana.
(75) The Louisiana 28 corridor from Fort Polk to
Alexandria, Louisiana.
(76) The portion of Interstate Route 75 from Toledo,
Ohio, to Cincinnati, Ohio.
(77) The portion of United States Route 24 from the
Indiana/Ohio State line to Toledo, Ohio.
(78) The portion of Interstate Route 71 from
Cincinnati, Ohio, to Cleveland, Ohio.
(79) Interstate Route 376 from the Pittsburgh
Interchange (I/C No. 56) of the Pennsylvania Turnpike,
westward on Interstate Route 279, United States Route
22, United States Route 30, and Pennsylvania Route 60,
continuing past the Pittsburgh International Airport on
Turnpike Route 60, to the Pennsylvania Turnpike
(Interstate Route 76), Interchange 10, and continuing
north on Pennsylvania Turnpike Route 60 to Interstate
Route 80.
(80) The Intercounty Connector, a new east-west
multimodal highway between Interstate Route 270 and
Interstate Route 95/United States Route 1 in Montgomery
and Prince George's Counties, Maryland.
(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.
(d) Inclusion on NHS.--The Secretary shall include all
corridors identified in subsection (c) on the proposed National
Highway System submitted to Congress under section 103(b)(3) of
title 23, United States Code.
(e) Provisions Applicable to Corridors.--
(1) Long-range plan.--The Secretary, in cooperation
with the affected State or States, may prepare a long-
range plan for the upgrading of each corridor to the
appropriate standard for highways on the National
Highway System. Each such plan may include a plan for
developing the corridor and a plan for financing the
development.
(2) Feasibility studies.--The Secretary, in
cooperation with the affected State or States, may
prepare feasibility and design studies, as necessary,
for those corridors for which such studies have not
been prepared. A feasibility study may be conducted
under this subsection with respect to the corridor
described in subsection (c)(2), relating to Avenue of
the Saints, to determine the feasibility of an adjunct
to the Avenue of the Saints serving the southern St.
Louis metropolitan area and connecting with I-55 in the
vicinity of Route A in Jefferson County, Missouri. A
study may be conducted under this subsection to
determine the feasibility of constructing a more direct
limited access highway between Peoria and Chicago,
Illinois. A feasibility study may be conducted under
this paragraph to identify routes that will expedite
future emergency evacuations of coastal areas of
Louisiana.
(3) Certification acceptance.--The Secretary may
discharge any of his responsibilities under title 23,
United States Code, relative to projects on a corridor
identified under subsection (c), upon the request of a
State, by accepting a certification by the State in
accordance with section 117 of such title.
(4) Acceleration of projects.--To the maximum extent
feasible, the Secretary may use procedures for
acceleration of projects in carrying out projects on
corridors identified in subsection (c).
(5) Inclusion of certain route segments on interstate
system.--
(A) In general.--The portions of the routes
referred to in subsection (c)(1), subsection
(c)(3) (relating solely to the Kentucky
Corridor), clauses (i), (ii), and (except with
respect to Georgetown County) (iii) of
subsection (c)(5)(B), subsection (c)(9),
subsection (c)(13), [subsections (c)(18) and
(c)(20), subsection (c)(36)] subsection
(c)(18), subsection (c)(20), subparagraphs (A)
and (B)(i) of subsection (c)(26), subsection
(c)(36), subsection (c)(37), subsection
(c)(40), subsection (c)(42), subsection
(c)(45), subsection (c)(54), [and subsection
(c)(57)] subsection (c)(57), subsection
(c)(68)(B), subsection (c)(81), subsection
(c)(82), and subsection (c)(83) that are not a
part of the Interstate System are designated as
future parts of the Interstate System. Any
segment of such routes shall become a part of
the Interstate System at such time as the
Secretary determines that the segment meets the
Interstate System design standards approved by
the Secretary under section 109(b) of title 23,
United States Code, and is planned to connect
to an existing Interstate System segment by the
date that is 25 years after the date of
enactment of the MAP-21.
(B) Interstate route 376.--
(i) Designation of interstate route
376.--
(I) In general.--The routes
referred to in subsection
(c)(79), except the portion of
Pennsylvania Turnpike Route 60
between Pennsylvania Turnpike
Interchange 10 and Interstate
Route 80, shall be designated
as Interstate Route 376.
(II) Signs.--The State of
Pennsylvania shall have
jurisdiction over the highways
described in subclause (I)
(except Pennsylvania Turnpike
Route 60) and erect signs in
accordance with Interstate
signing criteria that identify
the routes described in
subclause (I) as Interstate
Route 376.
(III) Assistance from
secretary.--The Secretary shall
assist the State of
Pennsylvania in carrying out,
not later than December 31,
2008, an activity under
subclause (II) relating to
Interstate Route 376 and in
complying with sections 109 and
139 of title 23, United States
Code.
(ii) Other segments.--The segment of
the route referred to in subsection
(c)(79) located between the
Pennsylvania Turnpike, Interchange 10,
and Interstate Route 80 may be signed
as Interstate Route 376 under clause
(i)(II) if that segment meets the
criteria under sections 109 and 139 of
title 23, United States Code.
(C) Routes.--
(i) Designation.--The portion of the
route referred to in subsection (c)(9)
is designated as Interstate Route I-99.
The routes referred to in subsections
(c)(18) and (c)(20) shall be designated
as Interstate Route I-69. A State
having jurisdiction over any segment of
routes referred to in subsections
(c)(18) and (c)(20) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route I-69,
including segments of United States
Route 59 in the State of Texas. The
segment identified in subsection
(c)(18)(D)(i) shall be designated as
Interstate Route I-69 East, and the
segment identified in subsection
(c)(18)(D)(ii) shall be designated as
Interstate Route I-69 Central. The
State of Texas shall erect signs
identifying such routes as segments of
future Interstate Route I-69. The
portion of the route referred to in
subsection (c)(36) is designated as
Interstate Route I-86. The Louie B.
Nunn Parkway corridor referred to in
subsection (c)(3) shall be designated
as Interstate Route 66. A State having
jurisdiction over any segment of routes
and/or corridors referred to in
subsections (c)(3) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route 66.
Notwithstanding the provisions of
subsections (e)(5)(A)(i) and
(e)(5)(A)(ii), or any other provisions
of this Act, the Commonwealth of
Kentucky shall erect signs, as approved
by the Secretary, identifying the
routes and/or corridors described in
subsection (c)(3) for the Commonwealth,
as segments of future Interstate Route
66. The Purchase Parkway corridor
referred to in subsection (c)(18)(E)
shall be designated as Interstate Route
69. A State having jurisdiction over
any segment of routes and/or corridors
referred to in subsections (c)(18)
shall erect signs identifying such
segment that is consistent with the
criteria set forth in subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route 69. Notwithstanding
the provisions of subsections
(e)(5)(A)(i) and (e)(5)(A)(ii), or any
other provisions of this Act, the
Commonwealth of Kentucky shall erect
signs, as approved by the Secretary,
identifying the routes and/or corridors
described in subsection (c)(18) for the
Commonwealth, as segments of future
Interstate Route 69. The route referred
to in subsection (c)(45) is designated
as Interstate Route I-22. [The routes
referred to subparagraphs (A)(iii) and
(B)(i) of subsection (c)(26) are
designated as Interstate Route I-11.]
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.
(ii) Rulemaking to determine future
interstate sign erection criteria.--The
Secretary shall conduct a rulemaking to
determine the appropriate criteria for
the erection of signs for future routes
on the Interstate System identified in
subparagraph (A). Such rulemaking shall
be undertaken in consultation with
States and local officials and shall be
completed not later than December 31,
1998.
(D) Treatment of segments.--Subject to
subparagraph (C), segments designated as part
of the Interstate System by this paragraph and
the mileage of such segments shall be treated
in the manner described in the last 2 sentences
of section 139(a) of title 23, United States
Code.
(E) Use of funds.--
(i) General rule.--Funds apportioned
under section 104(b)(5)(A) of title 23,
United States Code, may be used on a
project to construct a portion of a
route referred to in this paragraph to
standards set forth in section 109(b)
of such title if the State determines
that the project for which the funds
were originally apportioned is
unreasonably delayed or no longer
viable.
(ii) Limitation.--If funds
apportioned under section 104(b)(5)(A)
of title 23, United States Code, for
completing a segment of the Interstate
System are used on a project pursuant
to this subparagraph, no interstate
construction funds may be made
available, after the date of the
enactment of this paragraph, for
construction of such segment.
(f) High Priority Segments.--Highway segments of the
corridors referred to in subsection (c) which are described in
this subsection are high priority segments eligible for
assistance under this section. Subject to subsection (g)(2),
there is authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) for fiscal years
1992 through 1997 to carry out a project on each such segment
the amount listed for each such segment:
----------------------------------------------------------------------------------------------------------------
AMOUNT in
CITY/STATE HIGH PRIORITY CORRIDORS millions
----------------------------------------------------------------------------------------------------------------
1. Pennsylvania................ For the segment described in item 6 of this table and up 50.7
to $11,000,000 for upgrading U.S. 220 High Priority and
the Appalachian Thruway Corridor between State College
and I-80................................................
2. Alabama, Georgia, Upgrading of the East-West Corridor along Rt. 72 and up 25.4
Mississippi, Tennessee..... to $1,500,000 from the State of Alabama's share of the
project for modification of the Keller Memorial Bridge
in Decatur, Alabama, to a pedestrian structure..........
3. Missouri................... Improvement of North-South Corridor along Highway 71, 3.6
Southwestern, MO........................................
4. Arkansas................... For construction of Highway 412 from Siloam Springs to 34.0
Springdale, Arkansas as part of Highway 412 East-West
Corridor................................................
5. Arkansas................... For construction of Highway 412 from Harrison to 56.0
Springdale, Arkansas as part of the Highway 412 East-
West Corridor...........................................
6. Pennsylvania............... To improve U.S. 220 to a 4-lane limited access highway 148.0
from Bald Eagle northward to the intersection of U.S.
220 and U.S. 322........................................
7. S. Dakota/Nebraska......... Conduct a feasibility study of expressway from Rapid 0.64
City, S. Dakota to Scotts Bluff, Nebraska...............
8. Alabama.................... Construction of Appalachian Highway Corridor X from 59.2
Corridor V near Fulton, Mississippi to U.S. 31 at
Birmingham, Alabama as part of Appalachian Highway X
Corridor Project........................................
9. Alabama.................... For construction of a portion of Appalachian Development 25.4
Corridor V from Mississippi State Line near Red Bay,
Alabama to the Tennessee State Line north of Bridgeport,
Alabama.................................................
10. West Virginia.............. Construction of Shawnee Project from 3-Corner Junction to 4.5
I-77 as part of I-73/74 Corridor project................
11. West Virginia.............. Widening U.S. Rt. 52 from Huntington to Williamson, W. 100.0
Virginia as part of the I-73/74 Corridor project........
12. West Virginia.............. Replacement of U.S. Rt. 52 from Williamson, W. Virginia 14.0
to I-77 as part of the I-73/74 Corridor project.........
13. North Carolina/Virginia.... For Upgrading I-64 and Route 17 Virginia and constructing 17.8
a new highway from Rocky Mount to Elizabeth City, North
Carolina as part of the Raleigh-Norfolk High Priority
Corridor Improvements...................................
14. Arkansas................... Construction of Highway 71 between Fayetteville and Alma, 100.0
Arkansas as part of the North-South High Priority
Corridor................................................
15. Arkansas/Texas............. For construction of Highway 71 from Alma, Arkansas to 70.0
Louisiana border........................................
16. Michigan................... To widen a 60 mile portion of highway M-59 from MacComb 29.6
County to I-96 in Howell County, Michigan...............
17. South Dakota, Colorado, To improve the Heartland Expressway from Rapid City, 29.6
Nebraska................... South Dakota to Scotts Bluff, Nebraska..................
18. Indiana.................... To construct a 4-lane highway from Lafayette to Ft. 9.5
Wayne, Indiana, following existing Indiana 25 and U.S.
24......................................................
19. Ohio/Indiana............... Conduct feasibility and economic study to widen Rt. 24 0.32
from Ft. Wayne, Indiana to Toledo, Ohio as part of the
Lafayette to Toledo Corridor............................
20. California, Nevada, Arizona For improvements on I-15 and I-40 in California, Nevada 59.2
and Arizona ($10,500,000 of which shall be expended on
the Nevada portion of the corridor, including the I-15/
U.S. 95 interchange)....................................
21. Louisiana.................. To improve the North-South Corridor from Louisiana border 29.6
to Shreveport, Louisiana, and up to $6,000,000 for
surface transportation projects in Louisiana, including
$4,500,000 for the I-10 and I-610 project in Jefferson
Parish, Louisiana, in the corridor between the St.
Charles Parish line and Tulane Avenue, $500,000 for
noise analysis and safety abatement measures or barriers
along the Lakeview section of I-610 in New Orleans, and
$1,000,000 for 3 highway studies (including $250,000 for
a study to widen United States Route 84/Louisiana Route
6 traversing north Louisiana, $250,000 for a study to
widen Louisiana Route 42 from United States Route 61 to
Louisiana Route 44 and extend to I-10 in East Ascension
Parish, and $500,000 for a study to connect I-20 on both
sides of the Ouachita River)............................
22. Missouri, Iowa, Minnesota.. For improvements for Avenue of the Saints from St. Paul, 118.0
Minnesota to St. Louis, Missouri........................
24. Various States............. I-66 Transamerica Highway Feasibility study.............. 1.0
25. Kentucky, Tennessee, To improve Cumberland Gap Tunnel and for various 72.4
Virginia................... associated improvements as part of U.S. 25E Corridor,
except that the allocation percentages under section
1105(g)(2) of this section shall not apply to this
project after fiscal year 1992..........................
26. Indiana, Kentucky, To improve the Bloomington, Indiana, to Evansville, 23.7
Tennessee.................. Indiana, segment of the Indianapolis, Indiana, to
Memphis, Tennessee, high priority corridor..............
27. Washington................. For improvements on the Washington State portion of the 54.5
U.S. 395 corridor from the U.S.-Canadian border to Reno,
Nevada..................................................
28. Virginia................... Construction of a bypass of Danville, Virginia, on Route 17.0
29 Corridor.............................................
29. Arkansas................... Highway 412 from Harrison to Mt. Home.................... 20.0
30. New York.................... Improvements on Route 219 between Springville to 9.5
Ellicottville in New York State.........................
----------------------------------------------------------------------------------------------------------------
(g) Provisions Relating to High Priority Segments.--
(1) Detailed plans.--Each State in which a priority
segment identified under subsection (f) is located may
prepare a detailed plan for completion of construction
of such segment and for financing such construction.
(2) Allocation percentages.--8 percent of the amount
allocated by subsection (f) for each high priority
segment authorized by subsection (f) shall be available
for obligation in fiscal year 1992. 18.4 percent of
such amount shall be available for obligation in each
of fiscal years 1993, 1994, 1995, 1996, and 1997.
(3) Federal share.--The Federal share payable on
account of any project under subsection (f) shall be 80
percent of the cost thereof.
(4) Delegation to states.--Subject to the provisions
of title 23, United States Code, the Secretary may
delegate responsibility for construction of a project
or projects under subsection (f) to the State in which
such project or projects are located upon request of
such State.
(5) Advance construction.--When a State which has
been delegated responsibility for construction of a
project under this subsection--
(A) has obligated all funds allocated under
this subsection for construction of such
project; and
(B) proceeds to construct such project
without the aid of Federal funds in accordance
with all procedures and all requirements
applicable to such project, except insofar as
such procedures and requirements limit the
State to the construction of projects with the
aid of Federal funds previously allocated to
it;
the Secretary, upon the approval of the application of
a State, shall pay to the State the Federal share of
the cost of construction of the project when additional
funds are allocated for such project under this
subsection.
(6) Applicability of title 23.--Funds authorized by
subsection (f) and subsection (h) shall be available
for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of any
project under subsection (f) shall be determined in
accordance with this subsection and such funds shall
remain available until expended. Funds authorized by
subsection (f) shall not be subject to any obligation
limitation.
(7) [Omitted amendatory text]
(8) Special Rule.--Amounts allocated by subsection
(f) to the State of California for improvements on I-15
and I-40 shall not be subject to any State or local law
relating to apportionment of funds available for the
construction or improvement of highways.
(9) The States of South Dakota and Nebraska may, at
their discretion, utilize funds allocated to them for
the project described in section 1105(f)(17) of this
Act to support the Nebraska/South Dakota feasibility
study described in section 1105(f)(7) and may also
utilize funds allocated for that study for the project
described in section 1105(f)(17).
(h) Authorization for Feasibility Studies.--There is
authorized to be appropriated to the Secretary out of the
Highway Trust Fund (other than the Mass Transit Account)
$8,000,000 per fiscal year for each of the fiscal years 1992
through 1997 to carry out feasibility and design studies under
subsection (e)(2).
(i) Revolving Loan Fund.--
(1) Establishment.--The Secretary may establish a
Priority Corridor Revolving Loan Fund.
(2) Advances.--The Secretary shall make available as
repayable advances amounts from the Revolving Loan Fund
to States for planning and construction of corridors
listed in subsection (c). In making such amounts
available, the Secretary shall give priority to
segments identified in subsection (f).
(3) Repayment of advances.--The amount of an advance
to a State in a fiscal year under paragraph (2) may not
exceed the amount of a State's estimated apportionments
for the National Highway System for the 2 succeeding
fiscal years. Advances shall be repaid (A) by reducing
the State's National Highway System apportionment in
each of the succeeding 3 fiscal years by \1/3\ of the
amount of the advance, or (B) by direct repayment.
Repayments shall be credited to the Priority Corridor
Revolving Loan Fund.
(4) Authorization.--There is authorized to be
appropriated to the Secretary, out of the Highway Trust
Fund (other than the Mass Transit Account), $40,000,000
per fiscal year for each of fiscal years 1993 through
1997 to carry out this subsection.
* * * * * * *
TITLE VI--RESEARCH
PART A--PROGRAMS, STUDIES, AND ACTIVITIES
* * * * * * *
SEC. 6016. FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED ASPHALTS.
(a) Studies.--The Administrator of the Federal Highway
Administration (hereinafter in this section referred to as the
``Administrator'') shall conduct studies of the fundamental
chemical property and physical property of petroleum asphalts
and modified asphalts used in highway construction in the
United States. Such studies shall emphasize predicting pavement
performance from the fundamental and rapidly measurable
properties of asphalts and modified asphalts.
(b) Contracts.--To carry out the studies under subsection
(a), the Administrator shall enter into contracts with the
Western Research Institute of the University of Wyoming in
order to conduct the necessary technical and analytical
research in coordination with existing programs which evaluate
actual performance of asphalts and modified asphalts in
roadways, including the Strategic Highway Research Program.
(c) Activities of Studies.--The studies under subsection (a)
shall include the following activities:
(1) Fundamental composition studies.
(2) Fundamental physical and rheological property
studies.
(3) Asphalt-aggregate interaction studies.
(4) Coordination of composition studies, physical and
rheological property studies, and asphalt-aggregate
interaction studies for the purposes of predicting
pavement performance, including refinements of
Strategic Highway Research Program specifications.
(d) Test Strip.--
(1) Implementation.--The Administrator, in
coordination with the Western Research Institute of the
University of Wyoming, shall implement a test strip for
the purpose of demonstrating and evaluating the unique
energy and environmental advantages of using shale oil
modified asphalts under extreme climatic conditions.
(2) Funding.--For the purposes of construction
activities related to this test strip, the Secretary
and the Director of the National Park Service shall
make up to $1,000,000 available from amounts made
available from the authorization for parkroads and
parkways.
(3) Report to congress.--Not later than November 30,
1995, the Administrator shall transmit to Congress as
part of a report under subsection (e) the
Administrator's findings on activities conducted under
this subsection, including an evaluation of the test
strip implemented under this subsection and
recommendations for legislation to establish a national
program to support United States transportation and
energy security requirements.
[(e) Annual Report to Congress.--Not later than 180 days
after the date of the enactment of this Act, and on or before
November 30th of each year beginning thereafter, the
Administrator shall transmit to Congress a report of the
progress made in implementing this section.]
(f) Authorization of Appropriations.--The Secretary shall
expend from administrative and research funds deducted under
section 104(a) of this title at least $3,000,000 for each of
fiscal years 1992, 1993, 1994, 1995, and 1996 to carry out
subsection (b).
* * * * * * *
----------
SECTION 119 OF THE SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008
SEC. 119. FUTURE INTERSTATE DESIGNATION
(a) In general.--Subject to subsection (b), the Secretary of
Transportation shall designate, as a future Interstate Route 69
Spur, the Audubon Parkway [and, as a future Interstate Route 66
Spur, the Natcher Parkway in Owensboro, Kentucky] 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. Any
segment of such routes shall become part of the Interstate
System (as defined in section 101 of title 23, United States
Code) at such time as the Secretary determines that the
segment--
(1) meets the Interstate System design standards
approved by the Secretary under section 109(b) of title
23, United States Code; and
(2) connects to an existing Interstate System
segment.
(b) Signs.--Section 103(c)(4)(B)(iv) of title 23, United
States Code, shall apply to the designations under subsection
(a); except that a State may install signs on the 2 parkways
that are to be designated under subsection (a) indicating the
approximate location of each of the future Interstate System
highways.
(c) Removal of Designation.--The Secretary shall remove
designation of a highway referred to in subsection (a) as a
future Interstate System route if the Secretary, as of the last
day of the 25-year period beginning on the date of enactment of
this Act, has not made the determinations under paragraphs (1)
and (2) of subsection (a) with respect to such highway.
----------
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999
* * * * * * *
TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
* * * * * * *
SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT PROGRAM.
(a) In General.--There are authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit Account)
for the Secretary of Transportation to carry out section 31102
of title 49, United States Code, $75,000,000 for each of fiscal
years 2001 through 2003.
(b) [Omitted amendatory text]
[(c) Maintenance of Effort.--The Secretary may not make, from
funds made available by or under this section (including any
amendment made by this section), a grant to a State unless the
State first enters into a binding agreement with the Secretary
that provides that the total expenditures of amounts of the
State and its political subdivisions (not including amounts of
the United States) for the development or implementation of
programs for improving motor carrier safety and enforcement of
regulations, standards, and orders of the United States on
commercial motor vehicle safety, hazardous materials
transportation safety, and compatible State regulations,
standards, and orders will be maintained at a level at least
equal to the average level of such expenditures for fiscal
years 1997, 1998, and 1999.]
(d) [Omitted amendatory text]
[(e) State Compliance With CDL Requirements.--
[(1) Withholding of allocation for noncompliance.--If
a State is not in substantial compliance with each
requirement of section 31311 of title 49, United States
Code, the Secretary shall withhold all amounts that
would be allocated, but for this paragraph, to the
State from funds made available by or under this
section (including any amendment made by this section).
[(2) Period of availability of withheld funds.--Any
funds withheld under paragraph (1) from any State shall
remain available until June 30 of the fiscal year for
which the funds are authorized to be appropriated.
[(3) Allocation of withheld funds after compliance.--
If, before the last day of the period for which funds
are withheld under paragraph (1) from allocation are to
remain available for allocation to a State under
paragraph (2), the Secretary determines that the State
is in substantial compliance with each requirement of
section 31311 of title 49, United States Code, the
Secretary shall allocate to the State the withheld
funds.
[(4) Period of availability of subsequently allocated
funds.--Any funds allocated pursuant to paragraph (3)
shall remain available for expenditure until the last
day of the first fiscal year following the fiscal year
in which the funds are so allocated. Sums not expended
at the end of such period are released to the Secretary
for reallocation.
[(5) Effect of noncompliance.--If, on June 30 of the
fiscal year in which funds are withheld from allocation
under paragraph (1), the State is not substantially
complying with each requirement of section 31311 of
title 49, United States Code, the funds are released to
the Secretary for reallocation.]
* * * * * * *
TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY
* * * * * * *
SEC. 218. BORDER STAFFING STANDARDS.
(a) Development and Implementation.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall develop and implement appropriate staffing standards for
Federal and State motor carrier safety inspectors in
international border areas.
(b) Factors To Be Considered.--In developing standards under
subsection (a), the Secretary shall consider volume of traffic,
hours of operation of the border facility, types of commercial
motor vehicles, types of cargo, delineation of responsibility
between Federal and State inspectors, and such other factors as
the Secretary determines appropriate.
(c) Maintenance of Effort.--The standards developed and
implemented under subsection (a) shall ensure that the United
States and each State will not reduce its respective level of
staffing of motor carrier safety inspectors in international
border areas from its average level staffing for fiscal year
2000.
(d) Border Commercial Motor Vehicle and Safety Enforcement
Programs.--
(1) Enforcement.--If, on October 1, 2001, and October
1 of each fiscal year thereafter, the Secretary has not
ensured that the levels of staffing required by the
standards developed under subsection (a) are deployed,
the Secretary should designate the amount made
available for allocation under [section 31104(f)(2)(B)
of title 49, United States Code] section 31104(a)(1) of
title 49, United States Code, for such fiscal year for
States, local governments, and other persons for
carrying out border commercial motor vehicle safety
programs and enforcement activities and projects.
(2) Allocation.--If the Secretary makes a designation
of an amount under paragraph (1), such amount shall be
allocated by the Secretary to State agencies, local
governments, and other persons that use and train
qualified officers and employees in coordination with
State motor vehicle safety agencies.
[(3) Limitation.--If the Secretary makes a
designation pursuant to paragraph (1) for a fiscal
year, the Secretary may not make a designation under
section 31104(f)(2)(B) of title 49, United States Code,
for such fiscal year.]
* * * * * * *
SEC. 229. CERTAIN EXEMPTIONS.
(a) Exemptions.--
(1) Transportation of agricultural commodities and
farm supplies.--Regulations prescribed by the Secretary
under sections 31136 and 31502 of title 49, United
States Code, regarding maximum driving and on-duty time
for drivers used by motor carriers shall not apply
during planting and harvest periods, as determined by
each State, to--
(A) drivers transporting agricultural
commodities from the source of the agricultural
commodities to a location within a 150 air-mile
radius from the source;
(B) drivers transporting farm supplies for
agricultural purposes from a wholesale or
retail distribution point of the farm supplies
to a farm or other location where the farm
supplies are intended to be used within a 150
air-mile radius from the distribution point; or
(C) drivers transporting farm supplies for
agricultural purposes from a wholesale
distribution point of the farm supplies to a
retail distribution point of the farm supplies
within a 150 air-mile radius from the wholesale
distribution point.
(2) Transportation and operation of ground water well
drilling rigs.--Such regulations shall, in the case of
a driver of a commercial motor vehicle who is used
primarily in the transportation and operation of a
ground water well drilling rig, permit any period of 7
or 8 consecutive days to end with the beginning of an
off-duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time. Except as required in section 395.3 of title 49,
Code of Federal Regulations, as in effect on the date
of enactment of this sentence, no additional off-duty
time shall be required in order to operate such
vehicle.
(3) Transportation of construction materials and
equipment.--Such regulations shall, in the case of a
driver of a commercial motor vehicle who is used
primarily in the transportation of construction
materials and equipment, permit any period of 7 or 8
consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time.
(4) Operators of utility service vehicles.--
(A) Inapplicability of federal regulations.--
Such regulations shall not apply to a driver of
a utility service vehicle.
(B) Prohibition on state regulations.--A
State, a political subdivision of a State, an
interstate agency, or other entity consisting
of two or more States, shall not enact or
enforce any law, rule, regulation, or standard
that imposes requirements on a driver of a
utility service vehicle that are similar to the
requirements contained in such regulations.
(5) Snow and ice removal.--A State may waive the
requirements of chapter 313 of title 49, United States
Code, with respect to a vehicle that is being operated
within the boundaries of an eligible unit of local
government by an employee of such unit for the purpose
of removing snow or ice from a roadway by plowing,
sanding, or salting. Such waiver authority shall only
apply in a case where the employee is needed to operate
the vehicle because the employee of the eligible unit
of local government who ordinarily operates the vehicle
and who has a commercial drivers license is unable to
operate the vehicle or is in need of additional
assistance due to a snow emergency.
(b) Preemption.--Except as provided in subsection (a)(4),
nothing contained in this section shall require the preemption
of State laws and regulations concerning the safe operation of
commercial motor vehicles as the result of exemptions from
Federal requirements provided under this section.
(c) Review by the Secretary.--The Secretary may conduct a
rulemaking proceeding to determine whether granting any
exemption provided by subsection (a) (other than paragraph (1),
(2), or (4)) is not in the public interest and would have a
significant adverse impact on the safety of commercial motor
vehicles. If, at any time as a result of such a proceeding, the
Secretary determines that granting such exemption would not be
in the public interest and would have a significant adverse
impact on the safety of commercial motor vehicles, the
Secretary may prevent the exemption from going into effect,
modify the exemption, or revoke the exemption. The Secretary
may develop a program to monitor the exemption, including
agreements with carriers to permit the Secretary to examine
insurance information maintained by an insurer on a carrier.
(d) Report.--The Secretary shall monitor the commercial motor
vehicle safety performance of drivers of vehicles that are
subject to an exemption under this section. If the Secretary
determines that public safety has been adversely affected by an
exemption granted under this section, the Secretary shall
report to Congress on the determination.
(e) Definitions.--In this section, the following definitions
apply:
(1) 7 or 8 consecutive days.--The term ``7 or 8
consecutive days'' means the period of 7 or 8
consecutive days beginning on any day at the time
designated by the motor carrier for a 24-hour period.
(2) 24-hour period.--The term ``24-hour period''
means any 24 consecutive hour period beginning at the
time designated by the motor carrier for the terminal
from which the driver is normally dispatched.
(3) Ground water well drilling rig.--The term
``ground water well drilling rig'' means any vehicle,
machine, tractor, trailer, semi-trailer, or specialized
mobile equipment propelled or drawn by mechanical power
and used on highways to transport water well field
operating equipment, including water well drilling and
pump service rigs equipped to access ground water.
(4) Transportation of construction materials and
equipment.--The term ``transportation of construction
materials and equipment'' means the transportation of
construction and pavement materials, construction
equipment, and construction maintenance vehicles, by a
driver to or from an active construction site (a
construction site between initial mobilization of
equipment and materials to the site to the final
completion of the construction project) within a 50 air
mile radius of the normal work reporting location of
the driver. This paragraph does not apply to the
transportation of material found by the Secretary to be
hazardous under section 5103 of title 49, United States
Code, in a quantity requiring placarding under
regulations issued to carry out such section.
(5) Eligible unit of local government.--The term
``eligible unit of local government'' means a city,
town, borough, county, parish, district, or other
public body created by or pursuant to State law which
has a total population of 3,000 individuals or less.
(6) Utility service vehicle.--The term ``utility
service vehicle'' means any commercial motor vehicle--
(A) used in the furtherance of repairing,
maintaining, or operating any structures or any
other physical facilities necessary for the
delivery of public utility services, including
the furnishing of electric, gas, water,
sanitary sewer, telephone, and television cable
or community antenna service;
(B) while engaged in any activity necessarily
related to the ultimate delivery of such public
utility services to consumers, including travel
or movement to, from, upon, or between activity
sites (including occasional travel or movement
outside the service area necessitated by any
utility emergency as determined by the utility
provider); and
(C) except for any occasional emergency use,
operated primarily within the service area of a
utility's subscribers or consumers, without
regard to whether the vehicle is owned, leased,
or rented by the utility.
(7) Agricultural commodity.--The term ``agricultural
commodity'' means any agricultural commodity, non-
processed food, feed, fiber, or livestock (including
livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
and insects).
(8) Farm supplies for agricultural purposes.--The
term ``farm supplies for agricultural purposes'' means
products directly related to the growing or harvesting
of agricultural commodities during the planting and
harvesting seasons within each State, as determined by
the State, and livestock feed at any time of the year.
(f) Emergency Condition Requiring Immediate Response.--
(1) Propane or pipeline emergency.--A regulation
prescribed under section 31136 or 31502 of title 49,
United States Code, shall not apply to a driver of a
commercial motor vehicle which is used primarily in the
transportation of propane winter heating fuel or a
driver of a motor vehicle used to respond to a pipeline
emergency if such regulations would prevent the driver
from responding to an emergency condition requiring
immediate response.
(2) Definition.--An emergency condition requiring
immediate response is any condition that, if left
unattended, is reasonably likely to result in immediate
serious bodily harm, death, or substantial damage to
property. In the case of propane such conditions shall
include (but are not limited to) the detection of gas
odor, the activation of carbon monoxide alarms, the
detection of carbon monoxide poisoning, and any real or
suspected damage to a propane gas system following a
severe storm or flooding. An ``emergency condition
requiring an immediate response'' does not include
requests to re-fill empty gas tanks. In the case of
pipelines such conditions include (but are not limited
to) indication of an abnormal pressure event, leak,
release or rupture.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5313. Positions at level II
Level II of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Secretary of Defense.
Deputy Secretary of State.
Deputy Secretary of State for Management and
Resources.
Administrator, Agency for International Development.
Administrator of the National Aeronautics and Space
Administration.
Deputy Secretary of Veterans Affairs.
Deputy Secretary of Homeland Security.
Under Secretary of Homeland Security for Management.
Deputy Secretary of the Treasury.
Deputy Secretary of Transportation.
Chairman, Nuclear Regulatory Commission.
Chairman, Council of Economic Advisers.
Director of the Office of Science and Technology.
Director of the Central Intelligence Agency.
Secretary of the Air Force.
Secretary of the Army.
Secretary of the Navy.
Administrator, Federal Aviation Administration.
Director of the National Science Foundation.
Deputy Attorney General.
Deputy Secretary of Energy.
Deputy Secretary of Agriculture.
Director of the Office of Personnel Management.
Administrator, Federal Highway Administration.
Administrator of the Environmental Protection Agency.
Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Deputy Secretary of Labor.
Deputy Director of the Office of Management and
Budget.
Independent Members, Thrift Depositor Protection
Oversight Board.
Deputy Secretary of Health and Human Services.
Deputy Secretary of the Interior.
Deputy Secretary of Education.
Deputy Secretary of Housing and Urban Development.
Deputy Director for Management, Office of Management
and Budget.
Director of the Federal Housing Finance Agency.
Deputy Commissioner of Social Security, Social
Security Administration.
Administrator of the Community Development Financial
Institutions Fund.
Deputy Director of National Drug Control Policy.
Members, Board of Governors of the Federal Reserve
System.
[The Under Secretary of Transportation for Security.]
Under Secretary of Transportation for Policy.
Chief Executive Officer, Millennium Challenge
Corporation.
Principal Deputy Director of National Intelligence.
Director of the National Counterterrorism Center.
Director of the National Counter Proliferation
Center.
Administrator of the Federal Emergency Management
Agency.
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (14).
Assistant Secretaries of the Air Force (4).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (11).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
Administrator, Wage and Hour Division, Department of
Labor.
Assistant Secretaries of State (24) and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (10).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation [(4)] (5).
Deputy Federal Highway Administrator.
Administrator of the Saint Lawrence Seaway
Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Executive Vice President, Overseas Private Investment
Corporation.
Members, National Credit Union Administration Board
(2).
Members, Postal Regulatory Commission (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (8).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Director, Office of Indian Energy Policy and
Programs, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Special Counsel of the Merit Systems Protection
Board.
Chairman, Federal Labor Relations Authority.
Assistant Secretaries, Department of Homeland
Security.
General Counsel, Department of Homeland Security.
Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Director of Cost Assessment and Program Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Ambassadors at Large.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Assistant Secretaries, Department of Veterans Affairs
(7).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Principal Deputy Under Secretary of Defense for
Policy.
Principal Deputy Under Secretary of Defense for
Personnel and Readiness.
Principal Deputy Under Secretary of Defense
(Comptroller).
Principal Deputy Under Secretary of Defense for
Intelligence.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
The Commissioner of Labor Statistics, Department of
Labor.
Administrator, Rural Utilities Service, Department of
Agriculture.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
Chief Information Officer of the Intelligence
Community.
General Counsel of the Central Intelligence Agency.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
General Counsel of the Office of the Director of
National Intelligence.
Chief Medical Officer, Department of Homeland
Security.
Sec. 5316. Positions at level V
Level V of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Administrator, Bonneville Power Administration,
Department of the Interior.
Administrator of the National Capital Transportation
Agency.
Associate Administrators of the Small Business
Administration (4).
Associate Administrators, National Aeronautics and
Space Administration (7).
Associate Deputy Administrator, National Aeronautics
and Space Administration.
Deputy Associate Administrator, National Aeronautics
and Space Administration.
Archivist of the United States.
Assistant Secretary of Health and Human Services for
Administration.
Assistant Attorney General for Administration.
Assistant and Science Adviser to the Secretary of the
Interior.
Chairman, Foreign Claims Settlement Commission of the
United States, Department of Justice.
Chairman of the Renegotiation Board.
Chairman of the Subversive Activities Control Board.
Chief Counsel for the Internal Revenue Service,
Department of the Treasury.
Commissioner, Federal Acquisition Service, General
Services Administration.
Director, United States Fish and Wildlife Service,
Department of the Interior.
Commissioner of Indian Affairs, Department of the
Interior.
Commissioners, Indian Claims Commission (5).
Commissioner, Public Buildings Service, General
Services Administration.
Commissioner of Reclamation, Department of the
Interior.
Commissioner of Vocational Rehabilitation, Department
of Health and Human Services.
Commissioner of Welfare, Department of Health and
Human Services.
Director, Bureau of Mines, Department of the
Interior.
Director, Geological Survey, Department of the
Interior.
Deputy Commissioner of Internal Revenue, Department
of the Treasury.
Associate Director of the Federal Mediation and
Conciliation Service.
Associate Director for Volunteers, Peace Corps.
Associate Director for Program Development and
Operations, Peace Corps.
Assistants to the Director of the Federal Bureau of
Investigation, Department of Justice (2).
Assistant Directors, Office of Emergency Planning
(3).
Fiscal Assistant Secretary of the Treasury.
General Counsel of the Agency for International
Development.
General Counsel of the Nuclear Regulatory Commission.
General Counsel of the National Aeronautics and Space
Administration.
Manpower Administrator, Department of Labor.
Members, Renegotiation Board.
Members, Subversive Activities Control Board.
Assistant Administrator of General Services.
Director, United States Travel Service, Department of
Commerce.
Assistant Director (Program Planning, Analysis and
Research), Office of Economic Opportunity.
Deputy Director, National Security Agency.
Director, Bureau of Land Management, Department of
the Interior.
Director, National Park Service, Department of the
Interior.
National Export Expansion Coordinator, Department of
Commerce.
Staff Director, Commission on Civil Rights.
Assistant Secretary for Administration, Department of
Transportation.
Director, United States National Museum, Smithsonian
Institution.
Director, Smithsonian Astrophysical Observatory,
Smithsonian Institution.
Administrator of the Environmental Science Services
Administration.
Associate Directors of the Office of Personnel
Management (5).
Assistant Federal Highway Administrator.
Deputy Administrator of the National Highway Traffic
Safety Administration.
Deputy Administrator of the Federal Motor Carrier
Safety Administration.
Assistant Federal Motor Carrier Safety Administrator.
Director, Bureau of Narcotics and Dangerous Drugs,
Department of Justice.
Vice Presidents, Overseas Private Investment
Corporation (3).
Deputy Administrator, Federal Transit Administration,
Department of Transportation.
General Counsel of the Equal Employment Opportunity
Commission.
Executive Director, Advisory Council on Historic
Preservation.
Additional Officers, Department of Energy (14).
Additional officers, Nuclear Regulatory Commission
(5).
Assistant Administrator for Coastal Zone Management,
National Oceanic and Atmospheric Administration.
Assistant Administrator for Fisheries, National
Oceanic and Atmospheric Administration.
Assistant Administrators (3), National Oceanic and
Atmospheric Administration.
General Counsel, National Oceanic and Atmospheric
Administration.
Members, Federal Labor Relations Authority (2) and
its General Counsel.
Additional officers, Institute for Scientific and
Technological Cooperation (2).
Additional officers, Office of Management and Budget
(6).
[Associate Deputy Secretary, Department of
Transportation.]
Chief Scientist, National Oceanic and Atmospheric
Administration.
Director, Indian Health Service, Department of Health
and Human Services.
Commissioners, United States Parole Commission (8).
Commissioner, Administration on Children, Youth, and
Families.
* * * * * * *
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
* * * * * * *
Sec. 3. To carry out the provisions of this Act for fiscal
years after September 30, 1984, there are authorized to be
appropriated from the Sport Fish Restoration and Boating Trust
Fund established by section 9504(a) of the Internal Revenue
Code of 1986 the amounts paid, transferred, or otherwise
credited to that Trust Fund, except as provided in section
9504(c) of the Internal Revenue Code of 1986. For purposes of
the provision of the Act of August 31, 1951, which refers to
this section, such amounts shall be treated as the amounts that
are equal to the revenues described in this section. The
appropriation made under the provisions of this section for
each fiscal year shall continue available during succeeding
fiscal years. So much of such appropriation apportioned to any
State for any fiscal year as remains unexpended at the close
thereof is authorized to be made available for expenditure in
that State until the close of the succeeding fiscal year. Any
amount apportioned to any State under the provisions of this
Act which is unexpended or unobligated at the end of the period
during which it is available for expenditure on any project is
authorized to be made available for expenditure by the
Secretary of the Interior to supplement the [57 percent] 58.012
percent of the balance of each annual appropriation to be
apportioned among the States, as provided for in section 4(c).
Sec. 4. (a) In General.--[For each fiscal year through 2015
and for the period beginning on October 1, 2015, and ending on
October 29, 2015, the balance] For each fiscal year through
fiscal year 2021, the balance of each annual appropriation made
in accordance with the provisions of section 3 remaining after
the distributions for administrative expenses and other
purposes under subsection (b) and for [multistate conservation
grants under section 14] activities under section 14(e) shall
be distributed as follows:
(1) Coastal wetlands.--An amount equal to [18.5
percent] 18.673 percent to the Secretary of the
Interior for distribution as provided in the Coastal
Wetlands Planning, Protection, and Restoration Act (16
U.S.C. 3951 et seq.).
(2) Boating safety.--An amount equal to [18.5
percent] 17.315 percent to the Secretary of the
department in which the Coast Guard is operating for
State recreational boating safety programs under
section 13107 of title 46, United States Code.
[(3) Clean vessel act.--An amount equal to 2.0
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).
[(4) Boating infrastructure.--An amount equal to 2.0
percent to the Secretary of the Interior for obligation
for qualified projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).]
(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).
[(5)] (4) National outreach and communications.--An
amount equal to 2.0 percent to the Secretary of the
Interior for the National Outreach and Communications
Program under section 8(d) of this Act. Such amounts
shall remain available for 3 fiscal years, after which
any portion thereof that is unobligated by the
Secretary for that program may be expended by the
Secretary under subsection (c) of this section.
(b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
(1) In general.--
(A) Set-aside for administration.--From the
annual appropriation made in accordance with
section 3, [for each fiscal year ending before
October 1, 2015, and for the period beginning
on October 1, 2015, and ending on October 29,
2015, the Secretary] for each fiscal year
through fiscal year 2021, the Secretary of the
Interior may use no more than the amount
specified in subparagraph (B) for the fiscal
year for expenses for administration incurred
in the implementation of this Act, in
accordance with this section and section 9. 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 each of fiscal years 2001 and
2002, $9,000,000;
(ii) for fiscal year 2003,
$8,212,000; and
(iii) for fiscal year 2004 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.
(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, $7,800,000;
(ii) for fiscal year 2017,
$7,900,000;
(iii) for fiscal year 2018,
$8,000,000;
(iv) for fiscal year 2019,
$8,100,000;
(v) for fiscal year 2020, $8,200,000;
and
(vi) for fiscal year 2021,
$8,300,000.
[(2)] (3) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each fiscal
year, the available amount under paragraph (1)
shall remain available for obligation for use
under that paragraph [until the end of the
fiscal year.] until the end of the subsequent
fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that
remains unobligated at the end of the fiscal
year, on the same basis and in the same manner
as other amounts made available under this Act
are apportioned among the States [under
subsection (e)] under subsection (c) for the
fiscal year.
(c)(1) The Secretary after the distribution, transfer, use
and deduction under subsection (b), and after deducting amounts
used for [grants under section 14 of this title] activities
under section 14(e), shall apportion [57 percent] 58.012
percent of the balance of each such annual appropriation among
the several States in the following manner: 40 percent in the
ratio which the area of each State including coastal and Great
Lakes waters (as determined by the Secretary of the Interior)
bears to the total area of all the States, and 60 percent in
the ratio which the number of persons holding paid licenses to
fish for sport or recreation in the State in the second fiscal
year preceding the fiscal year for which such apportionment is
made, as certified to said Secretary by the State fish and game
departments, bears to the number of such persons in all the
States. Such apportionments shall be adjusted equitably so that
no State shall receive less than 1 percent nor more than 5
percent of the total amount apportioned. Where the
apportionment to any State under this section is less than
$4,500 annually, the Secretary of the Interior may allocate not
more than $4,500 of said appropriation to said State to carry
out the purposes of this Act when said State certifies to the
Secretary of the Interior that it has set aside not less than
$1,500 from its fish-and-game funds or has made, through its
legislature, an appropriation in this amount for said purposes.
(2) The Secretary shall deduct from the amount to be
apportioned under paragraph (1) the amounts used for grants
under section 14(a).
(d) So much of any sum not allocated under the provisions of
this section for any fiscal year is hereby authorized to be
made available for expenditure to carry out the purposes of
this Act until the close of the succeeding fiscal year. The
term fiscal year as used in this section shall be a period of
twelve consecutive months from October 1 through the succeeding
September 30, except that the period for enumeration of persons
holding licenses to fish shall be a State's fiscal or license
year.
(e) Expenses for Administration of Certain Programs.--
(1) In general.--For each fiscal year, of the amounts
appropriated under section 3, the Secretary of the
Interior shall use only funds authorized for use under
paragraphs (1), (3), (4), and (5) of subsection (a) to
pay the expenses for administration incurred in
carrying out the provisions of law referred to in
[those subsections,] those paragraphs, respectively.
(2) Maximum amount.--For each fiscal year, the
Secretary of the Interior may use not more than
$900,000 in accordance with paragraph (1).
(f) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary of the Interior after 3 fiscal years shall be
transferred to the Secretary of the department in which the
Coast Guard is operating and shall be expended for State
recreational boating safety programs under section 13107(a) of
title 46, United States Code.
* * * * * * *
Sec. 6. (a) Any State desiring to avail itself of the
benefits of this Act shall, by its State fish and game
department, submit programs or projects for fish restoration in
either of the following two ways:
(1) The State shall prepare and submit to the Secretary of
the Interior a comprehensive fish and wildlife resource
management plan which shall insure the perpetuation of these
resources for the economic, scientific, and recreational
enrichment of the people. Such plan shall be for a period of
not less than five years and be based on projections of desires
and needs of the people for a period of not less than fifteen
years. It shall include provisions for updating at intervals of
not more than three years and be provided in a format as may be
required by the Secretary of the Interior. If the Secretary of
the Interior finds that such plans conform to standards
established by him and approves such plans, he may finance up
to 75 per centum of the cost of implementing segments of those
plans meeting the purposes of this Act from funds apportioned
under this Act upon this approval of an annual agreement
submitted to him.
(2) A State may elect to avail itself of the benefits of this
Act by its State fish and game department submitting to the
Secretary of the Interior full and detailed statements of any
fish restoration and management project proposed for that
State. If the Secretary of the Interior finds that such project
meets with the standards set by him and approves said project,
the State fish and game department shall furnish to him such
surveys, plans, specifications, and estimates therefor as he
may require. If the Secretary of the interior approves the
plans, specifications, and estimates for the project, he shall
notify the State fish and game department and immediately set
aside so much of said appropriation as represents the share of
the United States payable under this Act on account of such
project, which sum so set aside shall not exceed 75 per centum
of the total estimated cost thereof.
The Secretary of the Interior shall approve only such
comprehensive plans or projects as may be substantial in
character and design and the expenditure of funds hereby
authorized shall be applied only to such approved comprehensive
fishery plan or projects and if otherwise applied they shall be
replaced by the State before it may participate in any further
apportionment under this Act. No payment of any money
apportioned under this Act shall be made on any comprehensive
fishery plan or project until an agreement to participate
therein shall have been submitted to and approved by the
Secretary of the Interior.
(b) If the State elects to avail itself of the benefits of
this Act by preparing a comprehensive fish and wildlife plan
under option (1) of subsection (a) of this section, then the
term ``project'' may be defined for the purpose of this Act as
a fishery program, all other definitions notwithstanding.
(c) Administrative costs in the form of overhead or indirect
costs for services provided by State central service activities
outside of the State fish and game department charged against
programs or projects supported by funds made available under
this Act shall not exceed in any one fiscal year 3 per centum
of the annual apportionment to the State.
(d) The Secretary of the Interior may enter into agreements
to finance up to 75 per centum of the initial costs of the
acquisition of lands or interests therein and the construction
of structures or facilities [for appropriations] from
appropriations currently available for the purposes of this
Act; and to agree to finance up to 75 per centum of the
remaining costs over such a period of time as the Secretary may
consider necessary. The liability of the United States in any
such agreement is contingent upon the continued availability of
funds for the purposes of this Act.
* * * * * * *
Sec. 8. (a) To maintain fish-restoration and management
projects established under the provisions of this Act shall be
the duty of the States according to their respective laws.
Beginning July 1, 1953, maintenance of projects heretofore
completed under the provisions of this Act may be considered as
projects under this Act. Title to any real or personal property
acquired by any State, and to improvements placed on State-
owned lands through the use of funds paid to the State under
the provisions of this Act, shall be vested in such State.
(b)(1) Each State shall allocate 15 percent of the funds
apportioned to it for each fiscal year under section 4 of this
Act for the payment of up to 75 per centum of the costs of the
acquisition, development, renovation, or improvement of
facilities (and auxiliary facilities necessary to insure the
safe use of such facilities) that create, or add to, public
access to the waters of the United States to improve the
suitability of such waters for recreational boating purposes.
Notwithstanding this provision, States within a United States
Fish and Wildlife Service Administrative Region may allocate
more or less than 15 percent in a fiscal year, provided that
the total regional allocation averages 15 percent over a 5 year
period.
(2) So much of the funds that are allocated by a State under
paragraph (1) in any fiscal year that remained unexpended or
unobligated at the close of such year are authorized to be made
available for the purposes described in paragraph (1) during
the succeeding four fiscal years, but any portion of such funds
that remain unexpended or unobligated at the close of such
period are authorized to be made available for expenditure by
the Secretary of the Interior to supplement the [57 percent]
58.012 percent of the balance of each annual appropriation to
be apportioned among the States under section 4(c).
(c) Each State may use not to exceed 15 percent of the funds
apportioned to it under section 4 of this Act to pay up to 75
per centum of the costs of an aquatic resource education and
outreach and communications program for the purpose of
increasing public understanding of the Nation's water resources
and associated aquatic life forms. The non-Federal share of
such costs may not be derived from other Federal grant
programs. The Secretary shall issue not later than the one
hundred and twentieth day after the effective date of this
subsection such regulations as he deems advisable regarding the
criteria for such programs.
(d) National Outreach and Communications Program.--
(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of
1998, the Secretary of the Interior shall develop and
implement, in cooperation and consultation with the
Sport Fishing and Boating Partnership Council, a
national plan for outreach and communications.
(2) Content.--The plan shall provide--
(A) guidance, including guidance on the
development of an administrative process and
funding priorities, for outreach and
communications programs; and
(B) for the establishment of a national
program.
(3) Secretary may match or fund programs.--Under the
plan, the Secretary may obligate amounts available
under subsection (a)(5) or subsection (b) of section 4
of this Act--
(A) to make grants to any State or private
entity to pay all or any portion of the cost of
carrying out any outreach and communications
program under the plan; or
(B) to fund contracts with States or private
entities to carry out such a program.
(4) Review.--The plan shall be reviewed periodically,
but not less frequently than once every 3 years.
(e) State Outreach and Communications Program.--Within 12
months after the completion of the national plan under
subsection (d)(1), a State shall develop a plan for an outreach
and communications program and submit it to the Secretary. In
developing the plan, a State shall--
(1) review the national plan developed under
subsection (d);
(2) consult with anglers, boaters, the sportfishing
and boating industries, and the general public; and
(3) establish priorities for the State outreach and
communications program proposed for implementation.
(f) Pumpout Stations and Waste Reception Facilities.--Amounts
apportioned to States under section 4 of this Act may be used
to pay not more than 75 percent of the costs of constructing,
renovating, operating, or maintaining pumpout stations and
waste reception facilities (as those terms are defined in the
Clean Vessel Act of 1992).
(g) Surveys.--
(1) National framework.--Within 6 months after the
date of enactment of the Sportfishing and Boating
Safety Act of 1998, the Secretary, in consultation with
the States, shall adopt a national framework for a
public boat access needs assessment which may be used
by States to conduct surveys to determine the adequacy,
number, location, and quality of facilities providing
access to recreational waters for all sizes of
recreational boats.
(2) State surveys.--Within 18 months after such date
of enactment, each State that agrees to conduct a
public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development of
a comprehensive national assessment of recreational
boat access needs and facilities.
(3) Exception.--Paragraph (2) does not apply to a
State if, within 18 months after such date of
enactment, the Secretary certifies that the State has
developed and is implementing a plan that ensures there
are and will be public boat access adequate to meet the
needs of recreational boaters on its waters.
(4) Funding.--A State that conducts a public boat
access needs survey under paragraph (2) may fund the
costs of conducting that assessment out of amounts
allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1)
of this section.
* * * * * * *
Sec. 12. The Secretary of the Interior is authorized to
cooperate with the Secretary of Agriculture of Puerto Rico, the
Mayor of the District of Columbia, the Governor of Guam, the
Governor of American Samoa, the Governor of the Commonwealth of
the Northern Mariana Islands, and the Governor of the Virgin
Islands, in the conduct of fish restoration and management
projects as defined in section 2 of this Act, upon such terms
and conditions as he shall deem fair, just, and equitable, and
is authorized to apportion to Puerto Rico, the District of
Columbia, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands, out of money
available for apportionment under this Act, such sums as he
shall determine, not exceeding for Puerto Rico 1 per centum,
for the District of Columbia one-third of 1 per centum, for
Guam one-third of 1 per centum, for American Samoa one-third of
1 per centum, for the Commonwealth of the Northern Mariana
Islands one-third of 1 per centum, and for the Virgin Islands
one-third of 1 per centum of the total amount apportioned in
any one year, but the Secretary shall in no event require any
of said cooperating agencies to pay an amount which will exceed
25 per centum of the cost of any project. Any unexpended or
unobligated balance of any apportionment made pursuant to this
section shall be made available for expenditure in Puerto Rico,
the District of Columbia, Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands, as the case
may be, in the succeeding year, on any approved projects, and
if unexpended or unobligated at the end of such year is
authorized to be made available for expenditure by the
Secretary of the Interior to supplement the [57 percent] 58.012
percent of the balance of each annual appropriation to be
apportioned among the States [under section 4(b)] under section
4(c) of this Act.
* * * * * * *
SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.
(a) In General.--
(1) Amount for grants.--Not more than $3,000,000 [of
each annual appropriation made in accordance with the
provisions of section 3] shall be distributed to the
Secretary of the Interior for making multistate
conservation project grants in accordance with this
section.
(2) Period of availability; apportionment.--
(A) Period of availability.--Amounts made
available under paragraph (1) shall remain
available for making grants only for the first
fiscal year for which the amount is made
available and the following fiscal year.
(B) Apportionment.--At the end of the period
of availability under subparagraph (A), the
Secretary of the Interior shall apportion any
amounts that remain available among the States
in the manner specified in section 4(c) for use
by the States in the same manner as funds
apportioned under section 4(c).
(b) Selection of Projects.--
(1) States or entities to be benefited.--A project
shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
(C) a regional association of State fish and
game departments.
(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this
section only for projects identified on a priority list
of sport fish restoration projects described in
paragraph (3).
(3) Priority list of projects.--A priority list
referred to in paragraph (2) is a priority list of
sport fish restoration projects that the International
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised of
the heads of State fish and game departments
(or their designees), in consultation with--
(i) nongovernmental organizations
that represent conservation
organizations;
(ii) sportsmen organizations; and
(iii) industries that fund the sport
fish restoration programs under this
Act;
(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication.--The Assistant Director for Wildlife
and Sport Fish Restoration Programs shall publish in
the Federal Register each priority list submitted under
paragraph (3)(C).
(c) Eligible Grantees.--
(1) In general.--The Secretary of the Interior may
make a grant under this section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for the
purpose of carrying out the National Survey of
Fishing, Hunting, and Wildlife-Associated
Recreation; and
(C) subject to paragraph (2), a
nongovernmental organization.
(2) Nongovernmental organizations.--
(A) In general.--Any nongovernmental
organization that applies for a grant under
this section shall submit with the application
to the International Association of Fish and
Wildlife Agencies a certification that the
organization--
(i) will not use the grant funds to
fund, in whole or in part, any activity
of the organization that promotes or
encourages opposition to the regulated
taking of fish; and
(ii) will use the grant funds in
compliance with subsection (d).
(B) Penalties for certain activities.--Any
nongovernmental organization that is found to
use grant funds in violation of subparagraph
(A) shall return all funds received under this
section and be subject to any other applicable
penalties under law.
(d) Use of Grants.--A grant under this section shall not be
used, in whole or in part, for an activity, project, or program
that promotes or encourages opposition to the regulated taking
of fish.
(e) Funding for Other Activities.--[Of amounts made available
under section 4(b) for each fiscal year--] 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:
(1) $200,000 shall be made available for each of--
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries
Commission;
(C) the Pacific States Marine Fisheries
Commission; and
(D) the Great Lakes Fisheries Commission[;
and].
(2) $400,000 shall be made available for the Sport
Fishing and Boating Partnership Council established by
the United States Fish and Wildlife Service.
(f) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to any activity carried out under this section.
[SEC. 15. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY ACCOUNT.
[Amounts remaining in the Boat Safety Account on October 1,
2005, and amounts thereafter credited to the Account under
section 9602(b) of the Internal Revenue Code of 1986, shall be
available, without further appropriation, for making
expenditures before October 1, 2010, to carry out the purposes
of this section and shall be distributed as follows:
[(1) In fiscal year 2006, $28,155,000 shall be
distributed--
[(A) under section 4 of this Act in the
following manner:
[(i) $11,200,000 to be added to funds
available under subsection (a)(2) of
that section;
[(ii) $1,245,000 to be added to funds
available under subsection (a)(3) of
that section;
[(iii) $1,245,000 to be added to
funds available under subsection (a)(4)
of that section;
[(iv) $1,245,000 to be added to funds
available under subsection (a)(5) of
that section; and
[(v) $12,800,000 to be added to funds
available under subsection (c) of that
section; and
[(B) under section 14 of this Act, $420,000,
to be added to funds available under subsection
(a)(1) of that section.
[(2) In fiscal year 2007, $22,419,000 shall be
distributed--
[(A) under section 4 of this Act in the
following manner:
[(i) $8,075,000 to be added to funds
available under subsection (a)(2) of
that section;
[(ii) $713,000 to be added to funds
available under subsection (a)(3) of
that section;
[(iii) $713,000 to be added to funds
available under subsection (a)(4) of
that section;
[(iv) $713,000 to be added to funds
available under subsection (a)(5) of
that section; and
[(v) $11,925,000 to be added to funds
available under subsection (c) of that
section; and
[(B) under section 14 of this Act, $280,000
to be added to funds available under subsection
(a)(1) of that section.
[(3) In fiscal year 2008, $17,139,000 shall be
distributed--
[(A) under section 4 of this Act in the
following manner:
[(i) $6,800,000 to be added to funds
available under subsection (a)(2) of
that section;
[(ii) $333,000 to be added to funds
available under subsection (a)(3) of
that section;
[(iii) $333,000 to be added to funds
available under subsection (a)(4) of
that section;
[(iv) $333,000 to be added to funds
available under subsection (a)(5) of
that section; and
[(v) $9,200,000 to be added to funds
available under subsection (c) of that
section; and
[(B) under section 14 of this Act, $140,000,
to be added to funds available under subsection
(a)(1) of that section.
[(4) In fiscal year 2009, $12,287,000 shall be
distributed--
[(A) under section 4 of this Act in the
following manner:
[(i) $5,100,000 to be added to funds
available under subsection (a)(2) of
that section;
[(ii) $48,000 to be added to funds
available under subsection (a)(3) of
that section;
[(iii) $48,000 to be added to funds
available under subsection (a)(4) of
that section;
[(iv) $48,000 to be added to funds
available under subsection (a)(5) of
that section; and
[(v) $6,900,000 to be added to funds
available under subsection (c) of that
section; and
[(B) under section 14 of this Act, $143,000,
to be added to funds available under subsection
(a)(1) of that section.
[(5) In fiscal year 2010, all remaining funds in the
Account shall be distributed under section 4 of this
Act in the following manner:
[(A) one-third to be added to funds available
under subsection (a)(2) of that section; and
[(B) two-thirds to be added to funds
available under subsection (c) of that
section.]
SEC. [16.] 15. SHORT TITLE.
This Act may be cited as the ``Dingell-Johnson Sport Fish
Restoration Act''.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle II--Vessels and Seamen
* * * * * * *
Part I--State Boating Safety Programs
* * * * * * *
CHAPTER 131--RECREATIONAL BOATING SAFETY
* * * * * * *
Sec. 13107. Authorization of appropriations
(a)[(1) Subject to paragraph (2) and subsection (c),] Subject
to subsection (c), the Secretary shall expend in each fiscal
year for State recreational boating safety programs, under
contracts with States under this chapter, an amount equal to
[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)] the amount
transferred to the Secretary under subsections (a)(2) and (f)
of section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated
as provided under section 13104 of this title and shall be
available for State recreational boating safety programs as
provided under the guidelines established under subsection (b)
of this section. Amounts authorized to be expended for State
recreational boating safety programs shall remain available
until expended and are deemed to have been expended only if an
amount equal to the total amounts authorized to be expended
under this section for the fiscal year in question and all
prior fiscal years have been obligated. Amounts previously
obligated but released by payment of a final voucher or
modification of a program acceptance shall be credited to the
balance of unobligated amounts and are immediately available
for expenditure.
[(2) The Secretary shall use not more than two percent of the
amount available each fiscal year for State recreational
boating safety programs under this chapter to pay the costs of
investigations, personnel, and activities related to
administering those programs.]
(b) The Secretary shall establish guidelines prescribing the
purposes for which amounts available under this chapter for
State recreational boating safety programs may be used. Those
purposes shall include--
(1) providing facilities, equipment, and supplies for
boating safety education and law enforcement, including
purchase, operation, maintenance, and repair;
(2) training personnel in skills related to boating
safety and to the enforcement of boating safety laws
and regulations;
(3) providing public boating safety education,
including educational programs and lectures, to the
boating community and the public school system;
(4) acquiring, constructing, or repairing public
access sites used primarily by recreational boaters;
(5) conducting boating safety inspections and marine
casualty investigations;
(6) establishing and maintaining emergency or search
and rescue facilities, and providing emergency or
search and rescue assistance;
(7) establishing and maintaining waterway markers and
other appropriate aids to navigation; and
(8) providing State recreational vessel numbering and
titling programs.
[(c)(1) Of the amount transferred to the Secretary under
subsection (a)(2) of section 4 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is
available to the Secretary for payment of expenses of the Coast
Guard for personnel and activities directly related to
coordinating and carrying out the national recreational boating
safety program under this title, of which not less than
$2,000,000 shall be available to the Secretary only to ensure
compliance with chapter 43 of this title.]
(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 $2,000,000 is available to ensure
compliance with chapter 43 of this title; and
(ii) not more than $1,500,000 is available to conduct
a survey of levels of recreational boating
participation and related matters in the United States.
(2) [No funds] On and after October 1, 2016, no funds
available to the Secretary under this subsection may be used to
replace funding [traditionally] provided through general
appropriations, nor for any purposes except those purposes
authorized by this section.
(3) Amounts made available by this subsection shall remain
available during the 2 succeeding fiscal years. Any amount that
is unexpended or unobligated at the end of the 3-year period
during which it is available shall be withdrawn by the
Secretary and allocated to the States in addition to any other
amounts available for allocation in the fiscal year in which
they are withdrawn or the following fiscal year.
(4) The Secretary shall publish annually in the Federal
Register a detailed accounting of the projects, programs, and
activities funded under this subsection.
* * * * * * *