Text: H.R.22 — 114th Congress (2015-2016)All Information (Except Text)

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Engrossed Amendment Senate (07/30/2015)

In the Senate of the United States,

July 30, 2015.  

Resolved, That the bill from the House of Representatives (H.R. 22) entitled “An Act to amend the Internal Revenue Code of 1986 to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of determining the employers to which the employer mandate applies under the Patient Protection and Affordable Care Act.”, do pass with the following

AMENDMENTS:

Strike all after the enacting clause and insert the following:

SECTION 1. Short title.

This Act may be cited as the Developing a Reliable and Innovative Vision for the Economy Act or the DRIVE Act.

SEC. 2. Organization of Act into divisions; table of contents.

(a) Divisions.—This Act is organized into 9 divisions as follows:

(1) Division A–Federal-aid Highways and Highway Safety Construction Programs.

(2) Division B–Public Transportation.

(3) Division C–Comprehensive Transportation and Consumer Protection Act of 2015.

(4) Division D–Freight and Major Projects.

(5) Division E–Finance.

(6) Division F–Miscellaneous.

(7) Division G–Surface Transportation Extension.

(8) Division H–Budgetary Effects.

(9) Division I–Export-Import Bank of the United States.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Definitions.

Sec. 4. Effective date.


Sec. 11001. Authorization of appropriations.

Sec. 11002. Obligation ceiling.

Sec. 11003. Apportionment.

Sec. 11004. Surface transportation program.

Sec. 11005. Metropolitan transportation planning.

Sec. 11006. Statewide and nonmetropolitan transportation planning.

Sec. 11007. Highway use tax evasion projects.

Sec. 11008. Bundling of bridge projects.

Sec. 11009. Flexibility for certain rural road and bridge projects.

Sec. 11010. Construction of ferry boats and ferry terminal facilities.

Sec. 11011. Highway safety improvement program.

Sec. 11012. Data collection on unpaved public roads.

Sec. 11013. Congestion mitigation and air quality improvement program.

Sec. 11014. Transportation alternatives.

Sec. 11015. Consolidation of programs.

Sec. 11016. State flexibility for National Highway System modifications.

Sec. 11017. Toll roads, bridges, tunnels, and ferries.

Sec. 11018. HOV facilities.

Sec. 11019. Interstate system reconstruction and rehabilitation pilot program.

Sec. 11020. Emergency relief for federally owned roads.

Sec. 11021. Bridges requiring closure or load restrictions.

Sec. 11022. National electric vehicle charging and natural gas fueling corridors.

Sec. 11023. Asset management.

Sec. 11024. Tribal transportation program amendment.

Sec. 11025. Nationally significant Federal lands and Tribal projects program.

Sec. 11026. Federal lands programmatic activities.

Sec. 11027. Federal lands transportation program.

Sec. 11028. Innovative project delivery.

Sec. 11029. Obligation and release of funds.

Sec. 11101. Categorical exclusion for projects of limited Federal assistance.

Sec. 11102. Programmatic agreement template.

Sec. 11103. Agency coordination.

Sec. 11104. Initiation of environmental review process.

Sec. 11105. Improving collaboration for accelerated decision making.

Sec. 11106. Accelerated decisionmaking in environmental reviews.

Sec. 11107. Improving transparency in environmental reviews.

Sec. 11108. Integration of planning and environmental review.

Sec. 11109. Use of programmatic mitigation plans.

Sec. 11110. Adoption of Departmental environmental documents.

Sec. 11111. Technical assistance for States.

Sec. 11112. Surface transportation project delivery program.

Sec. 11113. Categorical exclusions for multimodal projects.

Sec. 11114. Modernization of the environmental review process.

Sec. 11115. Service club, charitable association, or religious service signs.

Sec. 11116. Satisfaction of requirements for certain historic sites.

Sec. 11117. Bridge exemption from consideration under certain provisions.

Sec. 11118. Elimination of barriers to improve at-risk bridges.

Sec. 11119. At-risk project preagreement authority.

Sec. 11201. Credits for untaxed transportation fuels.

Sec. 11202. Justification reports for access points on the Interstate System.

Sec. 11203. Exemptions.

Sec. 11204. High priority corridors on the National Highway System.

Sec. 11205. Repeat intoxicated driver law.

Sec. 11206. Vehicle-to-infrastructure equipment.

Sec. 11207. Relinquishment.

Sec. 11208. Transfer and sale of toll credits.

Sec. 11209. Regional infrastructure accelerator demonstration program.

Sec. 11210. Sonoran Corridor Interstate development.

Sec. 12001. Research, technology, and education.

Sec. 12002. Intelligent transportation systems.

Sec. 12003. Future interstate study.

Sec. 12004. Researching surface transportation system funding alternatives.

Sec. 12101. Tribal data collection.

Sec. 12102. Performance management data support program.

Sec. 12201. Every Day Counts initiative.

Sec. 12202. Department of Transportation performance measures.

Sec. 12203. Grant program for achievement in transportation for performance and innovation.

Sec. 12204. Highway trust fund transparency and accountability.

Sec. 12205. Report on highway trust fund administrative expenditures.

Sec. 12206. Availability of reports.

Sec. 12207. Performance period adjustment.

Sec. 12208. Design standards.

Sec. 13001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.

Sec. 14001. Technical corrections.

Sec. 15001. Appalachian development highway system.

Sec. 15002. Appalachian regional development program.

Sec. 15003. Water infrastructure finance and innovation.

Sec. 15004. Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way.

Sec. 15005. Study on performance of bridges.

Sec. 15006. Sport fish restoration and recreational boating safety.

Sec. 21001. Short title.

Sec. 21002. Definitions.

Sec. 21003. Metropolitan transportation planning.

Sec. 21004. Statewide and nonmetropolitan transportation planning.

Sec. 21005. Urbanized area formula grants.

Sec. 21006. Fixed guideway capital investment grants.

Sec. 21007. Mobility of seniors and individuals with disabilities.

Sec. 21008. Formula grants for rural areas.

Sec. 21009. Research, development, demonstration, and deployment program.

Sec. 21010. Private sector participation.

Sec. 21011. Innovative procurement.

Sec. 21012. Human resources and training.

Sec. 21013. General provisions.

Sec. 21014. Project management oversight.

Sec. 21015. Public transportation safety program.

Sec. 21016. State of good repair grants.

Sec. 21017. Authorizations.

Sec. 21018. Grants for bus and bus facilities.

Sec. 21019. Salary of Federal Transit Administrator.

Sec. 21020. Technical and conforming amendments.

Sec. 31001. Short title.

Sec. 31002. References to title 49, United States Code.

Sec. 31003. Effective date.

Sec. 31101. Delegation of authority.

Sec. 31102. Infrastructure Permitting Improvement Center.

Sec. 31103. Accelerated decision-making in environmental reviews.

Sec. 31104. Environmental review alignment and reform.

Sec. 31105. Multimodal categorical exclusions.

Sec. 31106. Improving transparency in environmental reviews.

Sec. 31107. Local transportation infrastructure program.

Sec. 31108. Authorization of grants for positive train control.

Sec. 31201. Findings.

Sec. 31202. Modal research plans.

Sec. 31203. Consolidated research prospectus and strategic plan.

Sec. 31204. Research Ombudsman.

Sec. 31205. Smart cities transportation planning study.

Sec. 31206. Bureau of Transportation Statistics independence.

Sec. 31207. Conforming amendments.

Sec. 31208. Repeal of obsolete office.

Sec. 31301. Short title.

Sec. 31302. Findings.

Sec. 31303. Port performance freight statistics program.

Sec. 32001. Correlation study.

Sec. 32002. Safety improvement metrics.

Sec. 32003. Data certification.

Sec. 32004. Data improvement.

Sec. 32005. Accident report information.

Sec. 32006. Post-accident report review.

Sec. 32007. Recognizing excellence in safety.

Sec. 32008. High risk carrier reviews.

Sec. 32201. Petitions for regulatory relief.

Sec. 32202. Inspector standards.

Sec. 32203. Technology improvements.

Sec. 32301. Update on statutory requirements.

Sec. 32302. Statutory rulemaking.

Sec. 32303. Guidance reform.

Sec. 32304. Petitions.

Sec. 32305. Regulatory reform.

Sec. 32401. Emergency route working group.

Sec. 32402. Additional State authority.

Sec. 32403. Commercial driver access.

Sec. 32501. Definitions.

Sec. 32502. Grants to States.

Sec. 32503. New entrant safety review program study.

Sec. 32504. Performance and registration information systems management.

Sec. 32505. Authorization of appropriations.

Sec. 32506. Commercial driver's license program implementation.

Sec. 32507. Extension of Federal motor carrier safety programs for fiscal year 2016.

Sec. 32508. Motor carrier safety assistance program allocation.

Sec. 32509. Maintenance of effort calculation.

Sec. 32601. Windshield technology.

Sec. 32602. Electronic logging devices requirements.

Sec. 32603. Lapse of required financial security; suspension of registration.

Sec. 32604. Access to National Driver Register.

Sec. 32605. Study on commercial motor vehicle driver commuting.

Sec. 32606. Household goods consumer protection working group.

Sec. 32607. Interstate van operations.

Sec. 32608. Report on design and implementation of wireless roadside inspection systems.

Sec. 32609. Motorcoach hours of service study.

Sec. 32610. GAO Review of school bus safety.

Sec. 32611. Use of hair testing for preemployment and random controlled substances tests.

Sec. 33101. Endorsements.

Sec. 33102. Enhanced reporting.

Sec. 33103. Hazardous material information.

Sec. 33104. National emergency and disaster response.

Sec. 33105. Authorization of appropriations.

Sec. 34101. Authorization of appropriations.

Sec. 34102. Highway safety programs.

Sec. 34103. Grants for alcohol-ignition interlock laws and 24–7 sobriety programs.

Sec. 34104. Repeat offender criteria.

Sec. 34105. Study on the national roadside survey of alcohol and drug use by drivers.

Sec. 34106. Increasing public awareness of the dangers of drug-impaired driving.

Sec. 34107. Improvement of data collection on child occupants in vehicle crashes.

Sec. 34121. Short title.

Sec. 34122. Grant restriction.

Sec. 34131. Short title.

Sec. 34132. Distracted driving incentive grants.

Sec. 34133. Barriers to data collection report.

Sec. 34134. Minimum requirements for State graduated driver licensing incentive grant program.

Sec. 34141. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012.

Sec. 34201. Authorization of appropriations.

Sec. 34202. Inspector General recommendations.

Sec. 34203. Improvements in availability of recall information.

Sec. 34204. Recall process.

Sec. 34205. Pilot grant program for State notification to consumers of motor vehicle recall status.

Sec. 34206. Recall obligations under bankruptcy.

Sec. 34207. Dealer requirement to check for open recall.

Sec. 34208. Extension of time period for remedy of tire defects.

Sec. 34209. Rental car safety.

Sec. 34210. Increase in civil penalties for violations of motor vehicle safety.

Sec. 34211. Electronic odometer disclosures.

Sec. 34212. Corporate responsibility for NHTSA reports.

Sec. 34213. Direct vehicle notification of recalls.

Sec. 34214. Unattended children warning.

Sec. 34215. Tire pressure monitoring system.

Sec. 34301. Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.

Sec. 34302. Cooperation with foreign governments.

Sec. 34401. Short title.

Sec. 34402. Limitations on data retrieval from vehicle event data recorders.

Sec. 34403. Vehicle event data recorder study.

Sec. 34421. Short title.

Sec. 34422. Passenger motor vehicle information.

Sec. 34431. Short title.

Sec. 34432. Tire fuel efficiency minimum performance standards.

Sec. 34433. Tire registration by independent sellers.

Sec. 34434. Tire recall database.

Sec. 35001. Short title.

Sec. 35002. Passenger transportation; definitions.

Sec. 35101. Authorization of grants to Amtrak.

Sec. 35102. National infrastructure and safety investments.

Sec. 35103. Authorization of appropriations for National Transportation Safety Board rail investigations.

Sec. 35104. Authorization of appropriations for Amtrak Office of Inspector General.

Sec. 35105. National cooperative rail research program.

Sec. 35201. Amtrak grant process.

Sec. 35202. 5-year business line and assets plans.

Sec. 35203. State-supported route committee.

Sec. 35204. Route and service planning decisions.

Sec. 35205. Competition.

Sec. 35206. Rolling stock purchases.

Sec. 35207. Food and beverage policy.

Sec. 35208. Local products and promotional events.

Sec. 35209. Right-of-way leveraging.

Sec. 35210. Station development.

Sec. 35211. Amtrak debt.

Sec. 35212. Amtrak pilot program for passengers transporting domesticated cats and dogs.

Sec. 35213. Amtrak board of directors.

Sec. 35214. Amtrak boarding procedures.

Sec. 35301. Competitive operating grants.

Sec. 35302. Federal-State partnership for state of good repair.

Sec. 35303. Large capital project requirements.

Sec. 35304. Small business participation study.

Sec. 35305. Gulf coast rail service working group.

Sec. 35306. Integrated passenger rail working group.

Sec. 35307. Shared-use study.

Sec. 35308. Northeast Corridor Commission.

Sec. 35309. Northeast Corridor through-ticketing and procurement efficiencies.

Sec. 35310. Data and analysis.

Sec. 35311. Performance-based proposals.

Sec. 35312. Amtrak Inspector General.

Sec. 35313. Miscellaneous provisions.

Sec. 35401. Highway-rail grade crossing safety.

Sec. 35402. Speed limit action plans.

Sec. 35403. Signage.

Sec. 35404. Alerters.

Sec. 35405. Signal protection.

Sec. 35406. Technology implementation plans.

Sec. 35407. Commuter rail track inspections.

Sec. 35408. Emergency response.

Sec. 35409. Private highway-rail grade crossings.

Sec. 35410. Repair and replacement of damaged track inspection equipment.

Sec. 35411. Rail police officers.

Sec. 35412. Operation deep dive; report.

Sec. 35413. Post-accident assessment.

Sec. 35414. Technical and conforming amendments.

Sec. 35415. GAO study on use of locomotive horns at highway-rail grade crossings.

Sec. 35416. Bridge inspection reports.

Sec. 35421. Consolidated rail infrastructure and safety improvements.

Sec. 35431. Real-time emergency response information.

Sec. 35432. Thermal blankets.

Sec. 35433. Comprehensive oil spill response plans.

Sec. 35434. Hazardous materials by rail liability study.

Sec. 35435. Study and testing of electronically-controlled pneumatic brakes.

Sec. 35436. Recording devices.

Sec. 35437. Rail passenger transportation liability.

Sec. 35438. Modification reporting.

Sec. 35439. Report on crude oil characteristics research study.

Sec. 35441. Coordination of spectrum.

Sec. 35442. Updated plans.

Sec. 35443. Early adoption and interoperability.

Sec. 35444. Positive train control at grade crossings effectiveness study.

Sec. 35501. Short title.

Sec. 35502. Preservation of public lands.

Sec. 35503. Efficient environmental reviews.

Sec. 35504. Advance acquisition.

Sec. 35505. Railroad rights-of-way.

Sec. 35506. Savings clause.

Sec. 35507. Transition.

Sec. 35601. Short title; references.

Sec. 35602. Definitions.

Sec. 35603. Eligible applicants.

Sec. 35604. Eligible purposes.

Sec. 35605. Program administration.

Sec. 35606. Loan terms and repayment.

Sec. 35607. Credit risk premiums.

Sec. 35608. Master credit agreements.

Sec. 35609. Priorities and conditions.

Sec. 35610. Savings provision.

Sec. 41001. Establishment of freight chapter.

Sec. 41002. National multimodal freight policy.

Sec. 41003. National multimodal freight network.

Sec. 42001. National freight strategic plan.

Sec. 42002. State freight advisory committees.

Sec. 42003. State freight plans.

Sec. 42004. Freight data and tools.

Sec. 42005. Savings provision.

Sec. 43001. National highway freight program.

Sec. 44001. Purpose; definitions; administration.

Sec. 44002. Grants.

Sec. 50001. Short title.

Sec. 51101. Extension of trust fund expenditure authority.

Sec. 51102. Extension of highway-related taxes.

Sec. 51201. Further additional transfers to trust fund.

Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties.

Sec. 51203. Appropriation from Leaking Underground Storage Tank Trust Fund.

Sec. 52101. Consistent basis reporting between estate and person acquiring property from decedent.

Sec. 52102. Revocation or denial of passport in case of certain unpaid taxes.

Sec. 52103. Clarification of 6-year statute of limitations in case of overstatement of basis.

Sec. 52104. Additional information on returns relating to mortgage interest.

Sec. 52105. Return due date modifications.

Sec. 52106. Reform of rules relating to qualified tax collection contracts.

Sec. 52107. Special compliance personnel program.

Sec. 52108. Transfers of excess pension assets to retiree health accounts.

Sec. 52201. Extension of deposits of security service fees in the general fund.

Sec. 52202. Adjustment for inflation of fees for certain customs services.

Sec. 52203. Dividends and surplus funds of Reserve banks.

Sec. 52204. Strategic Petroleum Reserve drawdown and sale.

Sec. 52205. Extension of enterprise guarantee fee.

Sec. 52301. Interest on overpayment.

Sec. 61001. Definitions.

Sec. 61002. Federal Permitting Improvement Council.

Sec. 61003. Permitting process improvement.

Sec. 61004. Interstate compacts.

Sec. 61005. Coordination of required reviews.

Sec. 61006. Delegated State permitting programs.

Sec. 61007. Litigation, judicial review, and savings provision.

Sec. 61008. Report to Congress.

Sec. 61009. Funding for governance, oversight, and processing of environmental reviews and permits.

Sec. 61010. Application.

Sec. 61011. GAO Report.

Sec. 62001. Hire More Heroes.

Sec. 70001. Short title.

Sec. 71001. Extension of Federal-aid highway programs.

Sec. 71002. Administrative expenses.

Sec. 72001. Formula grants for rural areas.

Sec. 72002. Apportionment of appropriations for formula grants.

Sec. 72003. Authorizations for public transportation.

Sec. 72004. Bus and bus facilities formula grants.

Sec. 73101. Extension of National Highway Traffic Safety Administration highway safety programs.

Sec. 73102. Extension of Federal Motor Carrier Safety Administration programs.

Sec. 73103. Dingell-Johnson Sport Fish Restoration Act.

Sec. 73201. Authorization of appropriations.

Sec. 74001. Extension of trust fund expenditure authority.

Sec. 80001. Budgetary effects.

Sec. 80002. Maintenance of highway trust fund cash balance.

Sec. 80003. Prohibition on rescissions of certain contract authority.

Sec. 90001. Short title.

Sec. 91001. Reduction in authorized amount of outstanding loans, guarantees, and insurance.

Sec. 91002. Increase in loss reserves.

Sec. 91003. Review of fraud controls.

Sec. 91004. Office of Ethics.

Sec. 91005. Chief Risk Officer.

Sec. 91006. Risk Management Committee.

Sec. 91007. Independent audit of bank portfolio.

Sec. 91008. Pilot program for reinsurance.

Sec. 92001. Increase in small business lending requirements.

Sec. 92002. Report on programs for small and medium-sized businesses.

Sec. 93001. Electronic payments and documents.

Sec. 93002. Reauthorization of information technology updating.

Sec. 94001. Extension of authority.

Sec. 94002. Certain updated loan terms and amounts.

Sec. 95001. Prohibition on discrimination based on industry.

Sec. 95002. Negotiations to end export credit financing.

Sec. 95003. Study of financing for information and communications technology systems.

SEC. 3. Definitions.

In this Act:

(1) DEPARTMENT.—The term Department means the Department of Transportation.

(2) SECRETARY.—The term Secretary means the Secretary of Transportation.

SEC. 4. Effective date.

Except as otherwise provided, divisions A, B, C, and D, including the amendments made by those divisions, take effect on October 1, 2015.

SEC. 11001. 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 program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national freight program under section 167 of that title, the transportation alternatives program under section 213 of that title, and to carry out section 134 of that title—

(A) $39,579,500,000 for fiscal year 2016;

(B) $40,771,300,000 for fiscal year 2017;

(C) $42,127,100,000 for fiscal year 2018;

(D) $43,476,400,000 for fiscal year 2019;

(E) $44,570,700,000 for fiscal year 2020; and

(F) $45,691,900,000 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, $300,000,000 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) $495,000,000 for fiscal year 2019;

(v) $505,000,000 for fiscal year 2020; and

(vi) $515,000,000 for fiscal year 2021.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

(i) AUTHORIZATION.—For the Federal lands transportation program under section 203 of title 23, United States Code—

(I) $305,000,000 for fiscal year 2016;

(II) $310,000,000 for fiscal year 2017;

(III) $315,000,000 for fiscal year 2018;

(IV) $320,000,000 for fiscal year 2019;

(V) $325,000,000 for fiscal year 2020; and

(VI) $330,000,000 for fiscal year 2021.

(ii) SPECIAL RULE.—

(I) $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service; and

(II) $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service.

(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, $190,000,000 for each of fiscal years 2016 through 2021.

(5) ASSISTANCE FOR MAJOR PROJECTS PROGRAM.—For the assistance for major projects program under section 171 of title 23, United States Code—

(A) $250,000,000 for fiscal year 2016;

(B) $300,000,000 for fiscal year 2017;

(C) $350,000,000 for fiscal year 2018;

(D) $400,000,000 for fiscal year 2019;

(E) $400,000,000 for fiscal year 2020; and

(F) $400,000,000 for fiscal year 2021.

(b) Research, technology, and education authorizations.—

(1) IN GENERAL.—The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To carry out the highway research and development program under section 503(b) of title 23, United States Code, $130,000,000 for each of fiscal years 2016 through 2021.

(B) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—To carry out the technology and innovation deployment program under section 503(c) of title 23, United States Code, $62,500,000 for each of fiscal years 2016 through 2021.

(C) TRAINING AND EDUCATION.—To carry out training and education under section 504 of title 23, United States Code, $24,000,000 for each of fiscal years 2016 through 2021.

(D) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To carry out the intelligent transportation systems program under sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2016 through 2021.

(E) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To carry out the university transportation centers program under section 5505 of title 49, United States Code, $72,500,000 for each of fiscal years 2016 through 2021.

(2) BUREAU OF TRANSPORTATION STATISTICS.—There are authorized to be appropriated out of the general fund of the Treasury to carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2016 through 2021.

(3) ADMINISTRATION.—The Federal Highway Administration shall administer the programs described in subparagraphs (D) and (E) of paragraph (1).

(4) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds authorized to be appropriated by paragraph (1) shall—

(A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code;

(B) remain available until expended; and

(C) not be transferable.

(c) 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 divisions A and B 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 (2) 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 divisions A and B of this Act and section 403 of title 23, United States Code, if the individual or entity is prevented, in whole or in part, from complying with paragraph (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.

(d) Conforming amendment.—Section 1101(b) of MAP–21 (Public Law 112–141; 126 Stat. 414) is repealed.

SEC. 11002. 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) $41,625,500,000 for fiscal year 2016;

(2) $42,896,300,000 for fiscal year 2017;

(3) $44,331,100,000 for fiscal year 2018;

(4) $45,759,400,000 for fiscal year 2019;

(5) $46,882,700,000 for fiscal year 2020; and

(6) $48,032,900,000 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) 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);

(10) 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;

(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 each of 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 shall—

(1) 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) 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) determine the proportion that—

(A) an amount equal to the difference between—

(i) the obligation authority provided by subsection (a) for the fiscal year; and

(ii) the aggregate amount not distributed under paragraphs (1) and (2); bears to

(B) an amount equal to the difference between—

(i) 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); and

(ii) the aggregate amount not distributed under paragraphs (1) and (2);

(4) distribute the obligation authority provided by subsection (a), less the aggregate amount 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 section 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) distribute the obligation authority provided by subsection (a), less the aggregate amount 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 under 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 (126 Stat. 405)) 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 chapter 5 of title 23, United States Code.

(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. 11003. Apportionment.

(a) In general.—Section 104 of title 23, United States Code, is amended—

(1) in subsection (a)(1) by striking subparagraphs (A) and (B) and inserting the following:

“(A) $456,000,000 for fiscal year 2016;

“(B) $465,000,000 for fiscal year 2017;

“(C) $474,000,000 for fiscal year 2018;

“(D) $483,000,000 for fiscal year 2019;

“(E) $492,000,000 for fiscal year 2020; and

“(F) $501,000,000 for fiscal year 2021.”;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking and the congestion mitigation and air quality improvement program and inserting the congestion mitigation and air quality improvement program, the national freight program;

(B) in each of paragraphs (1), (2), and (3) by striking paragraphs (4) and (5) each place it appears and inserting paragraphs (4), (5), and (6), and section 213(a);

(C) in paragraph (1), by striking 63.7 percent and inserting 65 percent;

(D) in paragraph (2), by striking 29.3 percent and inserting 29 percent;

(E) in paragraph (3), by striking 7 percent and inserting 6 percent;

(F) in paragraph (4), in the matter preceding subparagraph (A), by striking determined for the State under subsection (c) and inserting remaining under subsection (c) after making the set-asides in accordance with paragraph (5) and section 213(a);

(G) by redesignating paragraph (5) as paragraph (6);

(H) by inserting after paragraph (4) the following:

“(5) NATIONAL FREIGHT PROGRAM.—

“(A) IN GENERAL.—For the national freight program under section 167, the Secretary shall set aside from the amount determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).

“(B) TOTAL AMOUNT.—The total amount set aside for the national freight program for all States shall be—

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

“(ii) $1,450,000,000 for fiscal year 2017;

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

“(iv) $2,300,000,000 for fiscal year 2019;

“(v) $2,400,000,000 for fiscal year 2020; and

“(vi) $2,500,000,000 for fiscal year 2021.

“(C) STATE SHARE.—The Secretary shall distribute among the States the total set-aside amount for the national freight program under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the total apportionment determined under subsection (c) for a State; bears to

“(ii) the total apportionments for all States.

“(D) METROPOLITAN PLANNING.—Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that—

“(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to

“(ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2), except for the high priority projects program referred to in section 105(a)(2)(H) (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).”; and

(I) in paragraph (6) (as redesignated by subparagraph (G)), in the matter preceding subparagraph (A), by striking determined for the State under subsection (c) and inserting remaining under subsection (c) after making the set-asides in accordance with paragraph (5) and section 213(a); and

(3) in subsection (c) by adding at the end the following:

“(3) FOR FISCAL YEARS 2016 THROUGH 2021.—

“(A) STATE SHARE.—For each of fiscal years 2016 through 2021, 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, the national freight program under section 167, the transportation alternatives program under section 213, 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 2014; 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.—For each of fiscal years 2016 through 2021, on October 1, 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, the national freight program under section 167, the transportation alternatives program under section 213, and to carry out section 134 in accordance with subparagraph (A).”.

(b) Conforming amendments.—

(1) Section 104(d)(1)(A) of title 23, United States Code, is amended by striking subsection (b)(5) each place it appears and inserting paragraphs (5)(D) and (6) of subsection (b).

(2) Section 120(c)(3) of title 23, United States Code, is amended—

(A) in subparagraph (A), in the matter preceding clause (i), by striking or (5) and inserting (5)(D), or (6); and

(B) in subparagraph (C)(i), by striking and (5) and inserting (5)(D), and (6).

(3) Section 135(i) of title 23, United States Code, is amended by striking section 104(b)(5) and inserting paragraphs (5)(D) and (6) of section 104(b).

(4) Section 136(b) of title 23, United States Code, is amended in the first sentence by striking paragraphs (1) through (5) of section 104(b) and inserting paragraphs (1) through (6) of section 104(b).

(5) Section 141(b)(2) of title 23, United States Code, is amended by striking paragraphs (1) through (5) of section 104(b) and inserting paragraphs (1) through (6) of section 104(b).

(6) Section 505(a) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking through (4) and inserting through (5).

SEC. 11004. Surface transportation program.

Section 133 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (10), by inserting , including emergency evacuation plans after programs; and

(B) in paragraph (13), by adding a period at the end;

(2) in subsection (c)—

(A) in paragraph (1), by striking the semicolon at the end and inserting or for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and;

(B) by striking paragraph (2); and

(C) by redesignating paragraph (3) as paragraph (2);

(3) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by striking 50 percent and inserting 55 percent; and

(II) in clause (ii), by striking greater than 5,000 and inserting of 5,000 or more; and

(ii) in subparagraph (B), by striking 50 percent and inserting 45 percent; and

(B) in paragraph (3)—

(i) by striking paragraph (1)(A)(ii) and inserting paragraph (1)(A)(iii); and

(ii) by striking greater than 5,000 and less than 200,000 and inserting of 5,000 to 200,000;

(4) in subsection (f)(1)—

(A) by striking 104(b)(3) and inserting 104(b)(2); and

(B) by striking the period of fiscal years 2011 through 2014 and inserting each fiscal year;

(5) by redesignating subsection (h) as subsection (i);

(6) in subsection (g)—

(A) by striking the subsection designation and heading and all that follows through paragraph (1) and inserting the following:

“(g) Bridges off the National Highway System.—

“(1) DEFINITION OF OFF-NHS BRIDGE.—In this subsection, the term off-NHS bridge means a highway bridge located on a public road, other than a bridge on the National Highway System.”; and

(B) in paragraph (2)—

(i) by striking subparagraph (A) and inserting the following:

“(A) SET-ASIDE.—Each State shall obligate for 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) for off-NHS bridges an amount equal to the greater of—

“(i) 15 percent of the amount apportioned to the State under section 104(b)(2); and

“(ii) an amount equal to at least 110 percent of the amount of funds set aside for bridges not on Federal-aid highways in the State for fiscal year 2014.”;

(ii) in subparagraph (B), by striking off-system and inserting off-NHS; and

(iii) by adding at the end the following:

“(C) SET-ASIDE FOR CERTAIN OFF-NHS BRIDGES.—Each State shall obligate an amount equal to not less than 50 percent of the amount set aside under subparagraph (A) for off-NHS bridges located on public roads that are not Federal-aid highways.”; and

(C) by redesignating paragraph (3) as subsection (h);

(7) in subsection (h) (as so redesignated)—

(A) by striking the heading and inserting Credit for bridges not on the National Highway System.—;

(B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; and

(C) in the matter preceding paragraph (1) (as so redesignated)—

(i) by striking the replacement of a bridge or rehabilitation of; and

(ii) by striking , and is determined by the Secretary upon completion to be no longer a deficient bridge;

(8) in subsection (i)(1) (as redesignated by paragraph (5)), 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 fiscal year; and

(9) by adding at the end the following:

“(j) Border States.—

“(1) IN GENERAL.—After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of funds made available to the State under subsection (d)(1)(B) for border infrastructure projects eligible under section 1303 of SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59).

“(2) USE OF FUNDS.—Funds designated under this subsection shall be available under the requirements of section 1303 of SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59).

“(3) CERTIFICATION.—Before making a designation under paragraph (1), the Governor shall certify that the designation is consistent with transportation planning requirements under this title.

“(4) NOTIFICATION.—Not later than 30 days after making a designation under paragraph (1), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction.

“(5) LIMITATION.—This subsection applies only to funds apportioned to a State after the date of enactment of the DRIVE Act.

“(6) DEADLINE FOR DESIGNATION.—A designation under paragraph (1) shall—

“(A) be submitted to the Secretary not later than 30 days before the beginning of the fiscal year for which the designation is being made; and

“(B) remain in effect for the funds designated under paragraph (1) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation.

“(7) UNOBLIGATED FUNDS AFTER TERMINATION.—On the date of a termination under paragraph (6)(B), all remaining unobligated funds that were designated under paragraph (1) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in subsection (d)(1)(B).”.

SEC. 11005. Metropolitan transportation planning.

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

(1) in subsection (a)(1), by inserting resilient before surface transportation systems;

(2) in subsection (c)(2), by striking and bicycle transportation facilities and inserting , bicycle transportation facilities, intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities, and commuter vanpool providers;

(3) in subsection (d)—

(A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;

(B) by inserting after paragraph (2) the following:

“(3) REPRESENTATION.—

“(A) IN GENERAL.—Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.

“(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.

“(C) POWERS OF CERTAIN OFFICIALS.—An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2)(B).”; and

(C) in paragraph (5) (as redesignated by subparagraph (A)), by striking paragraph (5) and inserting paragraph (6);

(4) in subsection (e)(4)(B), by striking subsection (d)(5) and inserting subsection (d)(6);

(5) in subsection (g)(3)(A), by inserting natural disaster risk reduction, after environmental protection,;

(6) in subsection (h)—

(A) in paragraph (1)—

(i) in subparagraph (G), by striking and at the end;

(ii) in subparagraph (H), by striking the period at the end and inserting ; 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)(A), by striking and in section 5301(c) of title 49 and inserting and the general purposes described in section 5301 of title 49;

(7) in subsection (i)—

(A) in paragraph (2)—

(i) in subparagraph (A)(i), by striking transit and inserting public transportation facilities, intercity bus facilities;

(ii) in subparagraph (G)—

(I) by striking and provide and inserting , provide; and

(II) by inserting , and reduce vulnerability due to natural disasters of the existing transportation infrastructure before the period at the end; and

(iii) in subparagraph (H), by inserting , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated before the period at the end;

(B) in paragraph (6)(A)—

(i) by inserting public ports, before freight shippers,; and

(ii) by inserting (including intercity bus operators and commuter vanpool providers) after private providers of transportation; and

(C) in paragraph (8), by striking (2)(C) each place it appears and inserting (2)(E);

(8) in subsection (j)(5)(A), by striking subsection (k)(4) and inserting subsection (k)(3);

(9) in subsection (k)—

(A) by striking paragraph (3); and

(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;

(10) in subsection (l)—

(A) in paragraph (1), by adding a period at the end; and

(B) in paragraph (2)(D), by striking of less than 200,000 and inserting with a population of 200,000 or less;

(11) by striking subsection (n);

(12) by redesignating subsections (o) through (q) as subsections (n) through (p), respectively;

(13) in subsection (o) (as so redesignated), by striking set aside under section 104(f) and inserting apportioned under paragraphs (5)(D) and (6) of section 104(b) ; and

(14) by adding at the end the following:

“(q) Treatment of Lake Tahoe Region.—

“(1) DEFINITION OF LAKE TAHOE REGION.—In this subsection, the term Lake Tahoe Region has the meaning given the term region in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).

“(2) TREATMENT.—For the purpose of this title, the Lake Tahoe Region shall be treated as—

“(A) a metropolitan planning organization;

“(B) a transportation management area under subsection (k); and

“(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.

“(3) SUBALLOCATED FUNDING.—

“(A) SECTION 133.—When determining the amount under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States—

“(i) calculate the population under each of those clauses;

“(ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State; and

“(iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State.

“(B) SECTION 213.—When determining the amount under paragraph (1) of section 213(c) that shall be obligated for a fiscal year in the States of California and Nevada under subparagraphs (A), (B), and (C) of that paragraph, the Secretary shall, for each of those States—

“(i) calculate the population under each of those subparagraphs;

“(ii) decrease the amount under section 213(c)(1)(C) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State; and

“(iii) increase the amount under section 213(c)(1)(A) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State.”.

SEC. 11006. Statewide and nonmetropolitan transportation planning.

(a) In general.—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, intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities, and commuter vanpool providers;

(2) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (G), by striking and at the end;

(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)(A), by striking and in section 5301(c) of title 49 and inserting and the general purposes described in section 5301 of title 49;

(3) in subsection (e)(1), by striking subsection (m) and inserting subsection (l);

(4) in subsection (f)—

(A) in paragraph (2)(B)(i), by striking subsection (m) and inserting subsection (l);

(B) in paragraph (3)(A)—

(i) in clause (i), by striking subsection (m) and inserting subsection (l); and

(ii) in clause (ii), by inserting (including intercity bus operators and commuter vanpool providers) after private providers of transportation;

(C) in paragraph (7), in the matter preceding subparagraph (A), by striking should and inserting shall; and

(D) in paragraph (8), by inserting , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated before the period at the end;

(5) in subsection (g)—

(A) in paragraph (2)(B)(i), by striking subsection (m) and inserting subsection (l);

(B) in paragraph (3)—

(i) by inserting public ports, before freight shippers; and

(ii) by inserting (including intercity bus operators), after private providers of transportation; and

(C) in paragraph (6)(A), by striking subsection (m) and inserting subsection (l);

(6) by striking subsection (j); and

(7) by redesignating subsections (k) through (m) as subsections (j) through (l), respectively.

(b) Conforming amendments.—Section 134(b)(5) of title 23, United States Code, is amended by striking section 135(m) and inserting section 135(l).

SEC. 11007. Highway use tax evasion projects.

Section 143(b) of title 23, United States Code, is amended by striking paragraph (2)(A) and inserting the following:

“(A) IN GENERAL.—From administrative funds made available under section 104(a), the Secretary shall deduct such sums as are necessary, not to exceed $4,000,000 for each fiscal year, to carry out this section.”.

SEC. 11008. 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) DEFINITION OF ELIGIBLE ENTITY.—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), an eligible bridge project included in a bundle 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.”; and

(4) in subsection (k)(2) (as redesignated by paragraph (2)), by striking 104(b)(3) and inserting 104(b)(2).

SEC. 11009. Flexibility for certain rural road and bridge projects.

(a) Authority.—With respect to rural road and rural bridge projects eligible for funding under title 23, United States Code, subject to the provisions of this section 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) Types of projects.—A rural road or rural bridge project under this section shall—

(1) be located in a county that, based on the most recent decennial census—

(A) has a population density of 80 or fewer persons per square mile of land area; or

(B) is the county that has the lowest population density of all counties in the State;

(2) be located within the operational right-of-way (as defined in section 1316(b) of MAP–21 (23 U.S.C. 109 note; 126 Stat. 549)) of an existing road or bridge; and

(3) (A) receive less than $5,000,000 of Federal funds; or

(B) have a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost.

(c) Process To assist rural projects.—

(1) ASSISTANCE WITH FEDERAL REQUIREMENTS.—

(A) IN GENERAL.—For projects under this section, the Secretary shall seek to provide, to the maximum extent practicable, regulatory relief and flexibility consistent with this section.

(B) EXCEPTIONS, EXEMPTIONS, AND ADDITIONAL FLEXIBILITY.—Exceptions, exemptions, and additional flexibility from regulatory requirements may be granted if, in the opinion of the Secretary—

(i) the project is not expected to have a significant adverse impact on the environment;

(ii) the project is not expected to have an adverse impact on safety; and

(iii) the assistance would be in the public interest for 1 or more reasons, including—

(I) reduced project costs;

(II) expedited construction, particularly in an area where the construction season is relatively short and not granting the waiver or additional flexibility could delay the project to a later construction season; or

(III) improved safety.

(2) MAINTAINING PROTECTIONS.—Nothing in this subsection—

(A) waives the requirements of section 113 or 138 of title 23, United States Code;

(B) supersedes, amends, or modifies—

(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or

(ii) any requirement of title 23, United States Code; or

(C) affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this paragraph.

SEC. 11010. Construction of ferry boats and ferry terminal facilities.

(a) Construction of ferry boats and ferry terminal facilities.—Section 147 of title 23, United States Code, is amended—

(1) in subsection (a), by striking In general and inserting Program;

(2) by striking subsections (d) through (g) and inserting the following:

“(d) Formula.—Of the amounts allocated under subsection (c)—

“(1) 35 percent shall be allocated among eligible entities in the proportion that—

“(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to

“(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;

“(2) 35 percent shall be allocated among eligible entities in the proportion that—

“(A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to

“(B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and

“(3) 30 percent shall be allocated among eligible entities in the proportion that—

“(A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to

“(B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.

“(e) Redistribution of unobligated amounts.—The Secretary shall—

“(1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and

“(2) in the subsequent fiscal year, redistribute the funds referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).

“(f) Minimum amount.—Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.

“(g) Implementation.—

“(1) DATA COLLECTION.—

“(A) NATIONAL FERRY DATABASE.—Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1456).

“(B) ELIGIBILITY FOR FUNDING.—To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1456) for at least 1 ferry service within the State.

“(2) ADJUSTMENTS.—On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.

“(h) Authorization of appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2021.

“(i) Period of availability.—Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.

“(j) Applicability.—All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.”.

(b) National ferry database.—Section 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1456) is amended by striking subparagraph (D) and inserting the following:

“(D) make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the database.”.

(c) Conforming amendments.—Section 129(c) of title 23, United States Code, is amended—

(1) in paragraph (2), in the first sentence, by inserting , or on a public transit ferry eligible under chapter 53 of title 49 after Interstate System;

(2) in paragraph (3)—

(A) by striking (3) Such ferry and inserting (3)(A) The ferry; and

(B) by adding at the end the following:

“(B) Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section.”;

(3) in paragraph (4), by striking and repair, and inserting repair,; and

(4) by striking paragraph (6) and inserting the following:

“(6) The ferry service shall be maintained in accordance with section 116.

“(7) (A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 18 of title 49, Code of Federal Regulations (as in effect on December 18, 2014).

“(B) The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.”.

SEC. 11011. Highway safety improvement program.

Section 148 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (4)(B)—

(i) in the matter preceding clause (i), by striking includes, but is not limited to, and inserting only includes; and

(ii) by adding at the end the following:

“(xxv) Installation of vehicle-to-infrastructure communication equipment.

“(xxvi) Pedestrian hybrid beacons.

“(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.

“(xxviii) An infrastructure safety project not described in clauses (i) through (xxvii).”; and

(B) by striking paragraph (10) and redesignating paragraphs (11) through (13) as paragraphs (10) through (12), respectively;

(2) in subsection (c)(1)(A), by striking subsection (a)(12) and inserting subsection (a)(11);

(3) in subsection (d)(2)(B)(i), by striking subsection (a)(12) and inserting subsection (a)(11); and

(4) in subsection (g)(1)—

(A) by striking increases and inserting does not decrease; and

(B) by inserting and exceeds the national fatality rate on rural roads, after available,.

SEC. 11012. Data collection on unpaved public roads.

Section 148 of title 23, United States Code, is amended by adding at the end the following:

“(k) Data collection on unpaved public roads.—

“(1) IN GENERAL.—A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if—

“(A) (i) more than 45 percent of the public roads in the State are gravel roads or otherwise unpaved; and

“(ii) less than 10 percent of fatalities in the State occur on those unpaved public roads; or

“(B) (i) more than 70 percent of the public roads in the State are gravel roads or otherwise unpaved; and

“(ii) less than 25 percent of fatalities in the State occur on those unpaved public roads.

“(2) CALCULATION.—The percentages described in paragraph (1) shall be based on the average for the 5 most recent years for which relevant data is available.

“(3) USE OF FUNDS.—If a State elects not to collect data on a road described in paragraph (1), the State shall not use funds provided to carry out this section for a project on that road until the State completes a collection of the required model inventory of roadway elements for the road.”.

SEC. 11013. Congestion mitigation and air quality improvement program.

Section 149 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1)(A)(i)(I), by inserting in the designated nonattainment area after air quality standard;

(B) in paragraph (3), by inserting or maintenance after likely to contribute to the attainment;

(C) in paragraph (4), by striking attainment of and inserting attainment or maintenance of the area of; and

(D) in paragraph (8)(A)(ii)—

(i) in the matter preceding subclause (I), by inserting or port-related freight operations after construction projects; and

(ii) in subclause (II), by inserting or chapter 53 of title 49 after this title;

(2) in subsection (c)(2), by inserting (giving priority to corridors designated under section 151) after at any location in the State;

(3) in subsection (d)—

(A) in paragraph (2)—

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by inserting would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or after may use for any project that; and

(II) in clause (i), by striking (excluding the amount of funds reserved under paragraph (1)); and

(ii) in subparagraph (B)(i), by striking MAP–21t and inserting MAP–21; and

(B) in paragraph (3), by inserting , in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, after the Secretary shall modify;

(4) in subsection (g)—

(A) in paragraph (2)(B), by striking not later that and inserting not later than;

(B) in paragraph (3)—

(i) by striking States and metropolitan and inserting the following:

“(A) IN GENERAL.—States and metropolitan”;

(ii) by striking are proven to reduce and inserting reduce directly emitted; and

(iii) by adding at the end the following:

“(B) USE OF PRIORITY FUNDING.—To the maximum extent practicable, PM2.5 priority funding shall be used on the most cost-effective projects and programs that are proven to reduce directly emitted fine particulate matter.”;

(5) in subsection (k)—

(A) in paragraph (1)—

(i) by striking that has a nonattainment or maintenance area and inserting that has 1 or more nonattainment or maintenance areas;

(ii) by striking a nonattainment or maintenance area that are and inserting the nonattainment or maintenance areas that are;

(iii) by striking such area both places it appears and inserting such areas; and

(iv) by striking such fine particulate and inserting directly-emitted fine particulate;

(B) in paragraph (2), by striking highway construction and inserting transportation construction; and

(C) by adding at the end the following:

“(3) PM2.5 NONATTAINMENT AND MAINTENANCE IN LOW POPULATION DENSITY STATES.—

“(A) EXCEPTION.—In any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if—

“(i) the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and

“(ii) regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area.

“(B) CALCULATION.—If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment.

“(4) PORT-RELATED EQUIPMENT AND VEHICLES.—To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area.”;

(6) in subsection (l)(1)(B), by inserting air quality and traffic congestion before performance targets; and

(7) in subsection (m), by striking section 104(b)(2) and inserting section 104(b)(4).

SEC. 11014. Transportation alternatives.

(a) In general.—Section 213 of title 23, United States Code, is amended—

(1) by striking subsection (a) and inserting the following:

“(a) Reservation of funds.—

“(1) IN GENERAL.—On October 1 of each fiscal year, the Secretary shall set aside from the amount determined for a State under section 104(c) an amount determined for the State under paragraphs (2) and (3).

“(2) TOTAL AMOUNT.—The total amount set aside for the program under this section shall be $850,000,000 for each fiscal year.

“(3) STATE SHARE.—The Secretary shall distribute among the States the total set-aside amount under paragraph (2) so that each State receives an amount equal to the proportion 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 MAP–21 (Public Law 112–141; 126 Stat. 405); 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) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking Of the funds and all that follows through shall be obligated under this section in subparagraph (A) and inserting Funds reserved in a State under this section shall be obligated;

(ii) by striking subparagraph (B);

(iii) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively;

(iv) in subparagraph (B) (as so redesignated), by striking greater than 5,000 and inserting of 5,000 or more; and

(v) in subparagraph (C) (as so redesignated), by striking ; and and inserting a period;

(B) in paragraph (2), by striking paragraph (1)(A)(i) and inserting paragraph (1)(A);

(C) in paragraph (3)(A)—

(i) by striking Except as provided in paragraph (1)(B), the and inserting The; and

(ii) by striking paragraph (1)(A)(i) both places it appears and inserting paragraph (1)(A);

(D) in paragraph (4)(B)—

(i) in clause (vi), by striking and at the end;

(ii) by redesignating clause (vii) as clause (viii); and

(iii) by inserting after clause (vi) the following:

“(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and”; and

(E) in paragraph (5)—

(i) by striking For funds reserved and inserting the following:

“(A) IN GENERAL.—For funds reserved”;

(ii) by striking paragraph (1)(A)(i) and inserting paragraph (1)(A); and

(iii) by adding at the end the following:

“(B) NO RESTRICTION ON SUBALLOCATION.—Nothing in this section prevents a metropolitan planning organization from further suballocating funds within the boundaries of the metropolitan planning area if a competitive process is implemented for the award of the suballocated funds.”; and

(3) by adding at the end the following:

“(h) Annual reports.—

“(1) IN GENERAL.—Each State or metropolitan planning organization responsible for carrying out the requirements of this section shall submit to the Secretary an annual report that describes—

“(A) the number of project applications received for each fiscal year, including—

“(i) the aggregate cost of the projects for which applications are received; and

“(ii) the types of project to be carried out (as described in subsection (b)), expressed as percentages of the total apportionment of the State under subsection (a); and

“(B) the number of projects selected for funding for each fiscal year, including the aggregate cost and location of projects selected.

“(2) PUBLIC AVAILABILITY.—The Secretary shall make available to the public, in a user-friendly format on the website of the Department, a copy of each annual report submitted under paragraph (1).

“(i) Expediting infrastructure projects.—

“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop regulations or guidance relating to the implementation of this section that encourages the use of the programmatic approaches to environmental reviews, expedited procurement techniques, and other best practices to facilitate productive and timely expenditure for projects that are small, low-impact, and constructed within an existing built environment.

“(2) STATE PROCESSES.—The Secretary shall work with State departments of transportation to ensure that any regulation or guidance developed under paragraph (1) is consistently implemented by States and the Federal Highway Administration to avoid unnecessary delays in implementing projects and to ensure the effective use of Federal dollars.”.

(b) Conforming amendment.—Section 126(b) of title 23, United States Code, is amended—

(1) by striking set-asides.— and all that follows through Funds that in paragraph (1) and inserting set-asides.—Funds that;

(2) by striking sections 104(d) and 133(d) and inserting sections 104(d), 133(d), and 213(c); and

(3) by striking paragraph (2).

SEC. 11015. Consolidation of programs.

Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat. 574) is amended in the matter preceding paragraph (1) by striking fiscal years 2013 and 2014 and inserting fiscal years 2013 through 2021.

SEC. 11016. State flexibility for National Highway System modifications.

(a) National Highway System flexibility.—Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance relating to working with State departments of transportation that request assistance from the division offices of the Federal Highway Administration—

(1) to review roads classified as principal arterials in the State that were added to the National Highway System as of October 1, 2012, so as to comply with section 103 of title 23, United States Code; and

(2) to identify any necessary functional classification changes to rural and urban principal arterials.

(b) Administrative actions.—The Secretary shall direct the division offices of the Federal Highway Administration to work with the applicable State department of transportation that requests assistance under this section—

(1) to assist in the review of roads in accordance with guidance issued under subsection (a);

(2) to expeditiously review and facilitate requests from States to reclassify roads classified as principal arterials; and

(3) in the case of a State that requests the withdrawal of reclassified roads from the National Highway System under section 103(b)(3) of title 23, United States Code, to carry out that withdrawal if the inclusion of the reclassified road in the National Highway System is not consistent with the needs and priorities of the community or region in which the reclassified road is located.

(c) National Highway System modification regulations.—The Secretary shall—

(1) review the National Highway System modification process described in appendix D of part 470 of title 23, Code of Federal Regulations (or successor regulations); and

(2) take any action necessary to ensure that a State may submit to the Secretary a request to modify the National Highway System by withdrawing a road from the National Highway System.

(d) Report to Congress.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a description of—

(1) each request for reclassification of National Highway System roads;

(2) the status of each request; and

(3) if applicable, the justification for the denial by the Secretary of a request.

(e) Modifications to the National Highway System.—Section 103(b)(3)(A) of title 23, United States Code, is amended—

(1) in the matter preceding clause (i)—

(A) by striking , including any modification consisting of a connector to a major intermodal terminal,; and

(B) by inserting , including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system, after the National Highway System; and

(2) in clause (ii)—

(A) by striking (ii) enhances and inserting (ii)(I) enhances;

(B) by striking the period at the end and inserting ; or; and

(C) by adding at the end the following:

“(II) in the case of the withdrawal of a road, is reasonable and appropriate.”.

SEC. 11017. Toll roads, bridges, tunnels, and ferries.

Section 129(a) of title 23, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (B)—

(i) by striking (other than a highway on the Interstate System); and

(ii) by inserting non-HOV after toll-free each place it appears;

(B) by striking subparagraph (C); and

(C) by redesignating subparagraphs (D) through (I) as subparagraphs (C) through (H), respectively;

(2) by striking paragraph (4) and paragraph (6);

(3) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (9), respectively;

(4) in paragraph (4)(B) (as so redesignated), by striking the Federal-aid system and inserting Federal-aid highways; and

(5) by inserting after paragraph (7) (as so redesignated) the following:

“(8) EQUAL ACCESS FOR MOTORCOACHES.—A private motorcoach that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses in the State.”.

SEC. 11018. HOV facilities.

Section 166 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) by striking paragraph (4) and inserting the following:

“(4) HIGH OCCUPANCY TOLL VEHICLES.—

“(A) IN GENERAL.—The State agency may allow vehicles not otherwise exempt under 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—

“(i) establishes a program that addresses how motorists can enroll and participate in the toll program;

“(ii) in the case of a high occupancy vehicle facility that affects a metropolitan area, submits to the Secretary a written statement that the metropolitan planning organization designated under section 134 for the area has been consulted concerning the placement and amount of tolls on the converted facility;

“(iii) develops, manages, and maintains a system that will automatically collect the toll; and

“(iv) establishes policies and procedures—

“(I) to manage the demand to use the facility by varying the toll amount that is charged;

“(II) to enforce violations of the use of the facility; and

“(III) to ensure that private motorcoaches that serve the public are provided access to the facility under the same rates, terms, and conditions, as public transportation buses in the State.

“(B) EXEMPTION FROM TOLLS.—In levying a toll on a facility under subparagraph (A), a State agency may—

“(i) designate classes of vehicles that are exempt from the toll; and

“(ii) charge different toll rates for different classes of vehicles.”;

(B) in paragraph (5), by striking subparagraph (A) and inserting the following:

“(A) INHERENTLY LOW EMISSION VEHICLE.—If a State agency establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles described in clauses (i) and (ii), the State agency may allow the use of the HOV facility by—

“(i) alternative fuel vehicles; and

“(ii) any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986.”;

(2) in subsection (c)—

(A) in paragraph (1)—

(i) by striking Tolls and inserting Notwithstanding section 301, tolls; and

(ii) by striking notwithstanding section 301 and, except as provided in paragraphs (2) and (3);

(B) by striking paragraph (2); and

(C) by redesignating paragraph (3) as paragraph (2);

(3) in subsection (d)(1), by striking subparagraphs (D) and (E) and inserting the following:

    “(D) MAINTENANCE OF OPERATING PERFORMANCE.—

    “(i) SUBMISSION OF PLAN.—Not later than 180 days after the date on which a facility is degraded under paragraph (2), the State agency with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the State agency will take to 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.

    “(ii) NOTICE OF APPROVAL OR DISAPPROVAL.—Not later than 60 days after the date of receipt of a plan under clause (i), the Secretary shall provide to the State agency a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will bring the HOV facility into compliance.

    “(iii) BIANNUAL PROGRESS UPDATES.—Until the date on which the Secretary determines that the State agency has brought the HOV facility into compliance with this subsection, the State agency shall submit biannual updates that describe—

    “(I) the actions taken to bring the HOV facility into compliance; and

    “(II) the progress made by those actions.

    “(E) COMPLIANCE.—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, if—

    “(i) the State agency fails to submit an approved action plan under subparagraph (D) to bring a degraded facility into compliance; or

    “(ii) after the State submits and the Secretary approves an action plan under subparagraph (D), the Secretary determines that, on a date that is not earlier than 1 year after the approval of the action plan, the State agency is not making significant progress toward bringing the HOV facility into compliance with the minimum average operating speed performance standard.”; and

(4) in subsection (f)(1), in the matter preceding subparagraph (A), by inserting solely before operating.

SEC. 11019. Interstate system reconstruction and rehabilitation pilot program.

Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 212) is amended—

(1) in paragraph (3)—

(A) in subparagraph (A), by striking the age, condition, and intensity of use of the facility and inserting an analysis demonstrating that the facility has a significant age, condition, or intensity of use to require expedited reconstruction or rehabilitation;

(B) in subparagraph (D)(iii), by inserting , and that demonstrates the capability of that agency to perform or oversee the building, operation, and maintenance of a toll expressway system meeting criteria for the Interstate System before the semicolon at the end; and

(C) by adding at the end the following:

“(E) An analysis showing how the State plan for implementing tolls on the facility takes into account the interests and use of local, regional, and interstate travelers.

“(F) An explanation of how the State will collect tolls using electronic toll collection, including at highway speeds, if practicable.

“(G) A plan describing the proposed location for the collection of tolls on the facility, including any locations in proximity to a State border.

“(H) Approved documentation that the project—

“(i) has received a 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.); and

“(ii) complies with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).”;

(2) by striking paragraphs (4) and (6);

(3) by redesignating paragraph (5) as paragraph (4);

(4) in paragraph (4)(as so redesignated)—

(A) in the matter preceding subparagraph (A), by striking Before the Secretary may permit and inserting As a condition of permitting;

(B) in subparagraph (A)—

(i) in the matter preceding clause (i), by striking for— and inserting for permissible uses described in section 129(a)(3) of title 23, United States Code; and; and

(ii) by striking clauses (i) through (iii);

(5) by inserting after paragraph (4) (as so redesignated) the following:

“(5) APPLICATION PROCESSING PROCEDURE.—

“(A) IN GENERAL.—Not later than 60 days after receipt of an application under this subsection, the Secretary shall provide to the applicant a written notice informing the applicant whether—

“(i) the application is complete and meets all requirements under this subsection; or

“(ii) additional information or materials are needed—

“(I) to complete the application; or

“(II) to meet the eligibility requirements under paragraph (3).

“(B) ADDITIONAL INFORMATION OR MATERIALS.—

“(i) IN GENERAL.—Not later than 60 days after receipt of an application, the Secretary shall—

“(I) identify any additional information or materials that are needed under subparagraph (A)(ii); and

“(II) provide to the applicant written notice specifying the details of the additional required information or materials.

“(ii) AMENDED APPLICATION.—Not later than 60 days after receipt of the additional information under clause (i), the Secretary shall determine if the amended application is complete and meets all requirements under this subsection.

“(C) TECHNICAL ASSISTANCE.—On the request of a State, the Secretary shall provide technical assistance to facilitate the development of a complete application under this paragraph that is likely to satisfy the eligibility criteria under paragraph (3).

“(D) APPROVAL OF APPLICATION.—On written notice by the Secretary that the application is complete and meets all requirements of this subsection, the project is considered approved and shall be permitted to participate in the program under this subsection.

“(E) LIMITATION ON APPROVED APPLICATION.—

“(i) IN GENERAL.—For an application received under this subsection on or after the date of enactment of the DRIVE Act for the reconstruction or rehabilitation of a facility, a State shall—

“(I) not later than 1 year after the date on which the application is approved, issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility; and

“(II) not later than 2 years after the date on which the application is approved, execute a contract for the reconstruction or rehabilitation of the facility.

“(ii) PRIOR APPLICATIONS.—For an application that received a conditional provisional approval under this subsection before the date of enactment of the DRIVE Act, for the reconstruction or rehabilitation of a facility, a State shall—

“(I) not later than 1 year after the date of enactment of the DRIVE Act, issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility; and

“(II) not later than 2 years after the date of enactment of the DRIVE Act, execute a contract for the reconstruction or rehabilitation of the facility.

“(iii) CANCELLATION OR EXTENSION.—If an applicable deadline under clause (i) or (ii) is not met, the Secretary shall—

“(I) cancel the application approval; or

“(II) grant an extension of not more than 1 year for the applicable deadline, on the condition that—

“(aa) there has been demonstrable progress toward meeting the applicable requirements; and

“(bb) the requirements are likely to be met within 1 year.

“(6) LIMITATION ON THE USE OF NATIONAL HIGHWAY PERFORMANCE PROGRAM FUNDS.—During the term of the pilot program, funds apportioned for the national highway performance program under section 104(b)(1) of title 23, United States Code, may not be used for a facility for which tolls are being collected under the pilot program unless the funds are used for a maintenance purpose, as defined in section 101(a) of title 23, United States Code.”;

(6) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively;

(7) by inserting after paragraph (6) the following:

“(7) WITHDRAWAL.—A State may elect to withdraw participation of the State in the pilot program at any time.”; and

(8) in paragraph (8) (as redesignated by paragraph (6)), by inserting after the date of enactment of the DRIVE Act after 10 years.

SEC. 11020. Emergency relief for federally owned roads.

(a) Eligibility.—Section 125(d)(3) of title 23, United States Code, is amended—

(1) in subparagraph (A), by striking or at the end;

(2) in subparagraph (B), by striking the period at the end and inserting ; or; and

(3) by adding at the end the following:

“(C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)).”.

(b) Definition.—Section 125(e) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

“(1) DEFINITIONS.—In this subsection:

“(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. 11021. Bridges requiring closure or load restrictions.

Section 144(h) of title 23, United States Code, is amended—

(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively;

(2) by inserting after paragraph (5) the following:

“(6) BRIDGES REQUIRING CLOSURE OR LOAD RESTRICTIONS.—

“(A) BRIDGES OWNED BY FEDERAL AGENCIES OR TRIBAL GOVERNMENTS.—If a Federal agency or tribal government fails to ensure that any highway bridge that is open to public travel and located in the jurisdiction of the Federal agency or tribal government is properly closed or restricted to loads that the bridge can carry safely, the Secretary—

“(i) shall, on learning of the need to close or restrict loads on the bridge, require the Federal agency or tribal government to take action necessary—

“(I) to close the bridge within 48 hours; or

“(II) within 30 days, to restrict public travel on the bridge to loads that the bridge can carry safely; and

“(ii) may, if the Federal agency or tribal government fails to take action required under clause (i), withhold all funding authorized under this title for the Federal agency or tribal government.”.

    “(B) OTHER BRIDGES.—If a State fails to ensure that any highway bridge, other than a bridge described in subparagraph (A), that is open to public travel and is located within the boundaries of the State is properly closed or restricted to loads the bridge can carry safely, the Secretary—

    “(i) shall, on learning of the need to close or restrict loads on the bridge, require the State to take action necessary—

    “(I) to close the bridge within 48 hours; or

    “(II) within 30 days, to restrict public travel on the bridge to loads that the bridge can carry safely; and

    “(ii) may, if the State fails to take action required under clause (i), withhold approval for Federal-aid projects in that State.”; and

(3) in paragraph (8) (as redesignated by paragraph (1)), by striking (6) and inserting (7).

SEC. 11022. National electric vehicle charging and natural gas fueling corridors.

(a) In general.—Chapter 1 of title 23, United States Code, is amended by inserting after section 150 the following:

§ 151. National electric vehicle charging and natural gas fueling corridors

“(a) In general.—Not later than 1 year after the date of enactment of the DRIVE Act, the Secretary shall designate national electric vehicle charging and natural gas fueling corridors that identify the near- and long-term need for, and location of, electric vehicle charging 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 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 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 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 and natural gas vehicle industries;

“(C) the freight and shipping industry;

“(D) clean technology firms;

“(E) the hospitality industry;

“(F) the restaurant industry; and

“(G) highway rest stop vendors; 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 and natural gas fueling infrastructure and standardization needs for electricity 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 and natural gas fueling infrastructure in those corridors by the end of fiscal year 2021.”.

(b) Conforming amendment.—The analysis of chapter 1 of title 23, United States Code, is amended by striking the item relating to section 151 and inserting the following:


“151. National Electric Vehicle Charging and Natural Gas Fueling Corridors.”.

SEC. 11023. Asset management.

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

(1) in subsection (f)(2)—

(A) in subparagraph (A), by striking structurally deficient and inserting being in poor condition; and

(B) in subparagraph (B), by striking structurally deficient and inserting being in poor condition; and

(2) by adding at the end the following:

“(h) Critical infrastructure.—

“(1) DEFINITION OF CRITICAL INFRASTRUCTURE.—In this subsection, the term critical infrastructure means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters.

“(2) DESIGNATION.—The asset management plan of a State developed pursuant to subsection (e) may include a designation of a critical infrastructure network of facilities from among those facilities in the State that are eligible under subsection (c).

“(3) RISK REDUCTION.—A State may use funds apportioned under this section for projects intended to reduce the risk of failure of facilities designated as being on the critical infrastructure network of the State.”.

(b) Section 144 of title 23, United States Code, is amended—

(1) in subsection (a)(1)(B), by striking deficient ; and

(2) in subsection (b)(5), by striking each structurally deficient bridge and inserting each bridge in poor condition.

(c) Section 202(d) of title 23, United States Code, is amended—

(1) in paragraph (1), by striking deficient;

(2) in paragraph (2)(B), by striking deficient; and

(3) in paragraph (3)—

(A) in subparagraph (A), by striking the semicolon at the end and inserting ; and;

(B) in subparagraph (B), by striking ; and at the end and inserting a period; and

(C) by striking subparagraph (C).

SEC. 11024. Tribal transportation program amendment.

Section 202 of title 23, United States Code, is amended—

(1) in subsection (a)(6), by striking 6 percent and inserting 5 percent; and

(2) in subsection (d)(2), in the matter preceding subparagraph (A) by striking 2 percent and inserting 3 percent.

SEC. 11025. Nationally significant Federal lands and Tribal projects program.

(a) Purpose.—The Secretary shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the program) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects.

(b) Eligible applicants.—

(1) IN GENERAL.—Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program.

(2) SPECIAL RULE.—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.

(c) Eligible projects.—An eligible project under the program shall be a single continuous project—

(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a Tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included on an inventory described in sections 202 or 203 of title 23, United States Code;

(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—

(A) a record of decision with respect to the project;

(B) a finding that the project has no significant impact; or

(C) a determination that the project is categorically excluded; and

(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,0000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.

(d) Eligible activities.—

(1) IN GENERAL.—Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.

(2) INELIGIBLE ACTIVITIES.—An eligible applicant may not use funds received under the program for activities relating to project design.

(e) Applications.—Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.

(f) Selection criteria.—In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—

(1) furthers the goals of the Department, including state of good repair, environmental sustainability, economic competitiveness, quality of life, and safety;

(2) improves the condition of critical multimodal transportation facilities;

(3) needs construction, reconstruction, or rehabilitation;

(4) is included in or eligible for inclusion in the National Register of Historic Places;

(5) enhances environmental ecosystems;

(6) uses new technologies and innovations that enhance the efficiency of the project;

(7) is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;

(8) spans 2 or more States; and

(9) serves land owned by multiple Federal agencies or Indian tribes.

(g) Federal share.—The Federal share of the cost of a project shall be 95 percent.

(h) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2016 through 2021, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts were appropriated.

SEC. 11026. Federal lands programmatic activities.

Section 201(c) of title 23, United States Code, is amended—

(1) in paragraph (6)(A)—

(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;

(B) in the matter preceding subclause (I) (as so redesignated), by striking The Secretaries and inserting the following:

“(i) IN GENERAL.—The Secretaries”;

(C) by inserting a period after tribal transportation program; and

(D) by striking in accordance with and all that follows through including— and inserting the following:

“(ii) REQUIREMENT.—Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

“(iii) INCLUSIONS.—Data collected under this paragraph includes—”; and

(2) by striking paragraph (7) and inserting the following—

“(7) COOPERATIVE RESEARCH AND TECHNOLOGY DEPLOYMENT.—The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary.

“(8) FUNDING.—

“(A) IN GENERAL.—To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall combine and use not greater than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.

“(B) OTHER ACTIVITIES.—In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for—

“(i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and

“(ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.”.

SEC. 11027. Federal lands transportation program.

Section 203 of title 23, United States Code, is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (B), by striking operation and inserting capital, operations,; and

(B) in subparagraph (D), by striking subparagraph (A)(iv) and inserting subparagraph (A)(iv)(I);

(2) in subsection (b)—

(A) in paragraph (1)(B)—

(i) in clause (iv), by striking and at the end;

(ii) in clause (v), by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

“(vi) the Bureau of Reclamation; and

“(vii) independent Federal agencies with natural resource and land management responsibilities.”; and

(B) in paragraph (2)(B), in the matter preceding clause (i), by inserting performance management, including after support; and

(3) in subsection (c)(2)(B), by adding at the end the following:

    “(vi) The Bureau of Reclamation.”.

SEC. 11028. Innovative project delivery.

Section 120(c)(3) of title 23, United States Code, is amended—

(1) in subparagraph (A)(ii)—

(A) by inserting engineering or design approaches, after technologies,; and

(B) by striking or contracting and inserting or contracting or project delivery; and

(2) in subparagraph (B)(iii), by inserting and alternative bidding before the semicolon at the end.

SEC. 11029. Obligation and release of funds.

Section 118(c)(2) of title 23, United States Code, is amended—

(1) in the matter preceding subparagraph (A), by striking Any funds and inserting the following:

    “(A) IN GENERAL.—Any funds”;

(2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; and

(3) by adding at the end the following:

    “(B) SAME CLASS OF FUNDS NO LONGER AUTHORIZED.—If the same class of funds described in subparagraph (A)(i) is no longer authorized in the most recent authorizing law, the funds may be credited to a similar class of funds, as determined by the Secretary.”.

SEC. 11101. Categorical exclusion for projects of limited Federal assistance.

Section 1317 of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended—

(1) in the matter preceding paragraph (1), by striking Not later than and inserting the following:

“(a) In general.—Not later than”; and

(2) by adding at the end the following:

“(b) Inflationary adjustment.—The dollar amounts described in subsection (a) shall be adjusted for inflation—

“(1) effective October 1, 2015, to reflect changes since July 1, 2012, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and

“(2) effective October 1, 2016, and each succeeding October 1, to reflect changes for the preceding 12-month period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”.

SEC. 11102. Programmatic agreement template.

(a) In general.—Section 1318 of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended by adding at the end the following:

“(e) Programmatic agreement template.—

“(1) IN GENERAL.—The Secretary shall develop a template programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection).

“(2) USE OF TEMPLATE.—The Secretary—

“(A) on receipt of a request from a State, shall use the template programmatic agreement developed under paragraph (1) in carrying out this section; and

“(B) on consent of the applicable State, may modify the template as necessary to address the unique needs and characteristics of the State.

“(3) OUTCOME MEASUREMENTS.—The Secretary shall establish a method to verify that actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection), are evaluated and documented in a consistent manner by the State that uses the template programmatic agreement under this subsection.”.

(b) Categorical exclusion determinations.—Not later than 30 days after the date of enactment of this Act, the Secretary shall revise section 771.117(g) of title 23, Code of Federal Regulations, to allow a programmatic agreement under this section to include responsibility for making categorical exclusion determinations—

(1) for actions described in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations; and

(2) that meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), and are identified in the programmatic agreement.

SEC. 11103. Agency coordination.

(a) Roles and responsibility of lead agency.—Section 139(c)(6) of title 23, United States Code, is amended—

(1) in subparagraph (A), by striking and at the end;

(2) in subparagraph (B), by striking the period at the end and inserting ; and; and

(3) by adding at the end the following:

“(C) to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of the participating agencies.”.

(b) Participating agency responsibilities.—Section 139(d) of title 23, United States Code, is amended by adding at the end the following:

“(8) PARTICIPATING AGENCY RESPONSIBILITIES.—An agency participating in the collaborative environmental review process under this section shall—

“(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the Federal participating or cooperating agency; and

“(B) use the process to address any environmental issues of concern to the participating or cooperating agency.”.

SEC. 11104. Initiation of environmental review process.

Section 139 of title 23, United States Code, is amended—

(1) in subsection (a), by striking paragraph (6) and inserting the following:

“(6) PROJECT.—

“(A) IN GENERAL.—The term project means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department.

“(B) CONSIDERATIONS.—For purposes of this paragraph, the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including discretionary grant, loan, and loan guarantee programs administered by the Department.”;

(2) in subsection (e)—

(A) in paragraph (1), by inserting (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project) after location of the proposed project; and

(B) by adding at the end the following:

“(3) REVIEW OF APPLICATION.—Not later than 45 days after the date on which an application is received by the Secretary under this subsection, the Secretary shall provide to the project sponsor a written response that, as applicable—

“(A) describes the determination of the Secretary—

“(i) to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or

“(ii) to decline the application, including an explanation of the reasons for that decision; or

“(B) requests additional information, and provides to the project sponsor an accounting, regarding what is necessary to initiate the environmental review process.

“(4) REQUEST TO DESIGNATE A LEAD AGENCY.—

“(A) IN GENERAL.—Any project sponsor may submit a request to the Secretary to designate a specific operating administration or secretarial office within the Department of Transportation to serve as the Federal lead agency for a project.

“(B) PROPOSED SCHEDULE.—A request under subparagraph (A) may include a proposed schedule for completing the environmental review process.

“(C) SECRETARIAL ACTION.—

“(i) IN GENERAL.—If a request under subparagraph (A) is received, the Secretary shall respond to the request not later than 45 days after the date of receipt.

“(ii) REQUIREMENTS.—The response shall—

“(I) approve the request;

“(II) deny the request, with an explanation of the reasons; or

“(III) require the submission of additional information.

“(iii) ADDITIONAL INFORMATION.—If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to that submission not later than 45 days after the date of receipt.”; and

(3) in subsection (f)(4), by adding at the end the following:

    “(E) REDUCTION OF DUPLICATION.—

    “(i) IN GENERAL.—In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between—

    “(I) the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

    “(II) the evaluation of alternatives in the metropolitan transportation planning process under section 134 of title 23, United States Code, or an environmental review process carried out under State law (referred to in this subparagraph as a State environmental review process).

    “(ii) CONSIDERATION OF ALTERNATIVES.—The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency—

    “(I) the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable;

    “(II) the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review process, including guidance on the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other requirements of Federal law necessary for approval of the project;

    “(III) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment;

    “(IV) the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments;

    “(V) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and

    “(VI) the Federal lead agency has determined—

    “(aa) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

    “(bb) with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.”.

SEC. 11105. Improving collaboration for accelerated decision making.

(a) Coordination and scheduling.—Section 139(g)(1)(B)(i) of title 23, United States Code, is amended—

(1) by striking The lead agency and inserting For a project requiring an environmental impact statement or environmental assessment, the lead agency; and

(2) by striking may and inserting shall.

(b) Issue identification and resolution.—Section 139(h) of title 23, United States Code, is amended—

(1) in paragraph (4)(C), by striking paragraph (5) and and inserting paragraph (5);

(2) in paragraph (5)(A)(ii)(I), by inserting , including modifications to the project schedule after review process; and

(3) in paragraph (6)(B), by striking clause (ii) and inserting the following:

“(ii) DESCRIPTION OF DATE.—The date referred to in clause (i) is 1 of the following:

“(I) The date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B).

“(II) If no schedule exists, the later of—

“(aa) the date that is 180 days after the date on which an application for the permit, license or approval is complete; or

“(bb) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(III) A modified date consistent with subsection (g)(1)(D).”.

SEC. 11106. Accelerated decisionmaking in environmental reviews.

(a) In general.—Section 139 of title 23, United States Code, is amended by adding at the end the following:

“(n) Accelerated decisionmaking in environmental reviews.—

“(1) IN GENERAL.—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations regarding 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 shall—

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

“(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

“(2) 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—

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

“(B) there are significant new circumstances or information that—

“(i) are relevant to environmental concerns; and

“(ii) bear on the proposed action or the impacts of the proposed action.”.

(b) Repeal.—Section 1319 of MAP–21 (42 U.S.C. 4332a) is repealed.

SEC. 11107. Improving transparency in environmental reviews.

Section 139 of title 23, United States Code (as amended by section 11106(a)), is amended by adding at the end the following:

“(o) Reviews, approvals, and permitting platform.—

“(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall establish an online platform and, in coordination with agencies described in paragraph (2), issue reporting standards to make publicly available the status of reviews, approvals, and permits required for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable Federal laws for projects and activities requiring an environmental assessment or an environmental impact statement.

“(2) FEDERAL AGENCY PARTICIPATION.—A Federal agency of jurisdiction over a review, approval, or permit described in paragraph (1) shall provide status information in accordance with the standards established by the Secretary under paragraph (1).

“(3) STATE RESPONSIBILITIES.—A State that is assigned and assumes responsibilities under section 326 or 327 shall provide applicable status information in accordance with standards established by the Secretary under paragraph (1).”.

SEC. 11108. Integration of planning and environmental review.

Section 168 of title 23, United States Code, is amended to read as follows:

§ 168. Integration of planning and environmental review

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

“(1) ENVIRONMENTAL REVIEW PROCESS.—The term 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) LEAD AGENCY.—The term lead agency has the meaning given the term in section 139(a).

“(3) PLANNING PRODUCT.—The term planning product means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively.

“(4) PROJECT.—The term project has the meaning given the term in section 139(a).

“(b) Adoption of planning products for use in NEPA proceedings.—

“(1) IN GENERAL.—Subject to subsection (d), the Federal lead agency for a project may adopt and use a planning product in proceedings relating to any class of action in the environmental review process of the project.

“(2) IDENTIFICATION.—If the Federal lead agency makes a determination to adopt and use a planning product, the Federal lead agency shall identify the agencies that participated in the development of the planning products.

“(3) PARTIAL ADOPTION OF PLANNING PRODUCTS.—The Federal lead agency may—

“(A) adopt an entire planning product under paragraph (1); or

“(B) select portions of a planning project under paragraph (1) for adoption.

“(4) TIMING.—A determination under paragraph (1) with respect to the adoption of a planning product may—

“(A) be made at the time the lead agencies decide the appropriate scope of environmental review for the project; or

“(B) occur later in the environmental review process, as appropriate.

“(c) Applicability.—

“(1) PLANNING DECISIONS.—The lead agency in the environmental review process may adopt decisions from a planning product, including—

“(A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;

“(B) a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;

“(C) the purpose and the need for the proposed action;

“(D) preliminary screening of alternatives and elimination of unreasonable alternatives;

“(E) a basic description of the environmental setting;

“(F) a decision with respect to methodologies for analysis; and

“(G) an identification of programmatic level mitigation for potential impacts of transportation projects, including—

“(i) measures to avoid, minimize, and mitigate impacts at a regional or national scale;

“(ii) investments in regional ecosystem and water resources; and

“(iii) a programmatic mitigation plan developed in accordance with section 169.

“(2) PLANNING ANALYSES.—The lead agency in the environmental review process may adopt analyses from a planning product, including—

“(A) travel demands;

“(B) regional development and growth;

“(C) local land use, growth management, and development;

“(D) population and employment;

“(E) natural and built environmental conditions;

“(F) environmental resources and environmentally sensitive areas;

“(G) potential environmental effects, including the identification of resources of concern and potential indirect and cumulative effects on those resources; and

“(H) mitigation needs for a proposed action, or for programmatic level mitigation, for potential effects that the Federal lead agency determines are most effectively addressed at a regional or national program level.

“(d) Conditions.—The lead agency in the environmental review process may adopt and use a planning product under this section if the lead agency determines, with the concurrence of other participating agencies with relevant expertise and project sponsors, as appropriate, that the following conditions have been met:

“(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.

“(2) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes.

“(3) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.

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

“(5) During the environmental review process, the lead agency has—

“(A) made the planning documents available for public review and comment;

“(B) provided notice of the intention of the lead agency to adopt the planning product; and

“(C) considered any resulting comments.

“(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product.

“(7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.

“(8) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.

“(9) The planning product is appropriate for adoption and use in the environmental review process for the project and is incorporated in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the DRIVE Act).

“(e) Effect of adoption.—Any planning product adopted by the Federal lead agency in accordance with this section may be—

“(1) incorporated directly into an environmental review process document or other environmental document; and

“(2) relied on and used by other Federal agencies in carrying out reviews of the project.

“(f) Rules of construction.—

“(1) IN GENERAL.—This section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49.

“(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process.

“(3) PLANNING PRODUCTS.—This section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning.”.

SEC. 11109. Use of programmatic mitigation plans.

Section 169(f) of title 23, United States Code, is amended—

(1) by striking may use and inserting shall consider; and

(2) by inserting or other Federal environmental law before the period at the end.

SEC. 11110. Adoption of Departmental environmental documents.

(a) In general.—Title 49, United States Code, is amended by inserting after section 306 the following:

§ 307. Adoption of Departmental environmental documents

“(a) In general.—An operating administration or secretarial office within the Department may adopt any draft environmental impact statement, final environmental impact statement, environmental assessment, or any other document issued under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by another operating administration or secretarial office within the Department—

“(1) without recirculating the document (except that a final environmental impact statement shall be recirculated prior to adoption); and

“(2) if the operating administration or secretarial office adopting the document certifies that the project is substantially the same as the project reviewed under the document to be adopted.

“(b) Cooperating agency.—An adopting operating administration or secretarial office that was a cooperating agency and certifies that the project is substantially the same as the project reviewed under the document to be adopted and that its comments and suggestions have been addressed may adopt a document described in subsection (a) without recirculating the document.”.

(b) Conforming amendment.—The analysis for chapter 3 of title 49, United States Code, is amended by striking the item relating to section 307 and inserting the following:


“Sec. 307. Adoption of Departmental environmental documents.”.

SEC. 11111. Technical assistance for States.

Section 326 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

(B) by inserting after paragraph (1) the following:

“(2) ASSISTANCE TO STATES.—On request of a Governor of a State, the Secretary shall provide to the State technical assistance, training, or other support relating to—

“(A) assuming responsibility under subsection (a);

“(B) developing a memorandum of understanding under this subsection; or

“(C) addressing a responsibility in need of corrective action under subsection (d)(1)(B).”; and

(2) in subsection (d), by striking paragraph (1) and inserting the following:

“(1) TERMINATION BY SECRETARY.—The Secretary may terminate the participation of any State in the program, if—

“(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;

“(B) the Secretary provides to the State—

“(i) a notification of the determination of noncompliance;

“(ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and

“(iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and

“(C) the State, after the notification and period described in clauses (i) and (ii) of subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.”.

SEC. 11112. Surface transportation project delivery program.

Section 327(j) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

“(1) TERMINATION BY SECRETARY.—The Secretary may terminate the participation of any State in the program if—

“(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State;

“(B) the Secretary provides to the State—

“(i) a notification of the determination of noncompliance;

“(ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and

“(iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and

“(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.”.

SEC. 11113. Categorical exclusions for multimodal projects.

(a) Multimodal project defined.—Section 139(a) of title 23, United States Code, is amended by striking paragraph (5) and inserting the following:

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

(b) 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), by striking operating authority that is not the lead authority with respect to a project and inserting operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project; 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.) for a proposed multimodal project.”;

(2) in subsection (b), by striking under this title and inserting by the Secretary of Transportation;

(3) in subsection (c)—

(A) in the matter preceding paragraph (1)—

(i) by striking a categorical exclusion designated under the implementing regulations or and inserting a categorical exclusion designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing regulations or; and

(ii) by striking other components of the and inserting a proposed multimodal; and

(B) by striking paragraphs (1) through (5) and inserting the following:

“(1) the lead authority makes a determination, in consultation with the cooperating authority, on the applicability of a categorical exclusion to a proposed multimodal project;

“(2) the cooperating authority does not object to the determination of the lead authority of the applicability of a categorical exclusion;

“(3) the lead authority determines that the component of the proposed multimodal project to be covered by the categorical exclusion of the cooperating authority has independent utility; and

“(4) 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 the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”; and

(4) by striking subsection (d) and inserting the following:

“(d) Cooperative 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. 11114. Modernization of the environmental review process.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary shall examine ways to modernize, simplify, and improve the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.) by the Department.

(b) Inclusions.—In carrying out subsection (a), the Secretary shall consider—

(1) the use of technology in the process, such as—

(A) searchable databases;

(B) geographic information system mapping tools;

(C) integration of those tools with fiscal management systems to provide more detailed data; and

(D) other innovative technologies;

(2) ways to prioritize use of programmatic environmental impact statements;

(3) methods to encourage cooperating agencies to present analyses in a concise format; and

(4) any other improvements that can be made to modernize process implementation.

(c) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the review carried out under subsection (a).

SEC. 11115. 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, the area of which is less than or equal to 32 square feet, if the State notifies the Federal Highway Administration.

SEC. 11116. 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 an 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 website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

“(3) ALIGNING HISTORICAL REVIEWS.—

“(A) IN GENERAL.—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy 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—

(1) in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (e); and

(2) 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 an 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 website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

“(3) ALIGNING HISTORICAL REVIEWS.—

“(A) IN GENERAL.—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy 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. 11117. Bridge exemption from consideration under certain provisions.

(a) Preservation of parklands.—Section 138 of title 23, United States Code, as amended by section 11116, is amended by adding at the end the following:

“(d) Bridge exemption from consideration.—A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54, United States Code, shall be exempt from consideration under this section.”.

(b) Policy on lands, wildlife and waterfowl refuges, and historic sites.—Section 303 of title 49, United States Code, as amended by section 11116, is amended by adding at the end the following:

“(f) Bridge exemption from consideration.—A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54, United States Code, shall be exempt from consideration under this section.”.

SEC. 11118. Elimination of barriers to improve at-risk bridges.

(a) Temporary authorization.—

(1) IN GENERAL.—Until the Secretary of the Interior takes the action described in subsection (b), the take of nesting swallows to facilitate a construction project on a bridge eligible for funding under title 23, United States Code, with any component condition rating of 3 or less (as defined by the National Bridge Inventory General Condition Guidance issued by the Federal Highway Administration) is authorized under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between April 1 and August 31.

(2) MEASURES TO MINIMIZE IMPACTS.—

(A) NOTIFICATION BEFORE TAKING.—Prior to the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains—

(i) the name of the person acting under the authority of paragraph (1) to take nesting swallows;

(ii) a list of practicable measures that will be undertaken to minimize or mitigate significant adverse impacts on the population of that species;

(iii) the time period during which activities will be carried out that will result in the taking of that species; and

(iv) an estimate of the number of birds, by species, to be taken in the proposed action.

(B) NOTIFICATION AFTER TAKING.—Not later than 60 days after the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains the number of birds, by species, taken in the action.

(b) Authorization of take.—

(1) IN GENERAL.—The Secretary of the Interior, in consultation with the Secretary, shall promulgate a regulation under the authority of section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) authorizing the take of nesting swallows to facilitate bridge repair, maintenance, or construction—

(A) without individual permit requirements; and

(B) under terms and conditions determined to be consistent with treaties relating to migratory birds that protect swallow species occurring in the United States.

(2) TERMINATION.—On the effective date of a final rule under this subsection by the Secretary of the Interior, subsection (a) shall have no force or effect.

(c) Suspension or withdrawal of take authorization.—If the Secretary of the Interior, in consultation with the Secretary, determines that taking of nesting swallows carried out under the authority provided in subsection (a)(1) is having a significant adverse impact on swallow populations, the Secretary of the Interior may suspend that authority through publication in the Federal Register.

SEC. 11119. At-risk project preagreement authority.

(a) Definition of preliminary engineering.—In this section, the term preliminary engineering means allowable preconstruction project development and engineering costs.

(b) At-risk project preagreement authority.—A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may—

(1) incur preliminary engineering costs for an eligible project under title 23, United States Code, before receiving project authorization from the State, in the case of a subrecipient, and the Secretary to proceed with the project; and

(2) request reimbursement of applicable Federal funds after the project authorization is received.

(c) Eligibility.—The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b)—

(1) if the costs meet all applicable requirements under title 23, United States Code, at the time the costs are incurred and the Secretary concurs that the requirements have been met;

(2) in the case of a project located within a designated nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) have been met; and

(3) if the costs would have been allowable if incurred after the date of the project authorization by the Department.

(d) At-risk.—A recipient or subrecipient that elects to use the authority provided under this section shall—

(1) assume all risk for preliminary engineering costs incurred prior to project authorization; and

(2) be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received.

(e) Restrictions.—Nothing in this section—

(1) allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process;

(2) waives the applicability of Federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section; or

(3) guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding.

SEC. 11201. Credits for untaxed transportation fuels.

(a) Definition of qualified revenues.—In this section, the term qualified revenues means any amounts—

(1) collected by a State—

(A) for the registration of a vehicle that operates solely on a fuel that is not subject to a Federal tax; and

(B) not sooner than the second registration period following the purchase of the vehicle; and

(2) that do not exceed, for a vehicle described in paragraph (1), an annual amount determined by the Secretary to be equal to the annual amount paid for Federal motor fuels taxes on the fuel used by an average passenger car fueled solely by gasoline.

(b) Credit.—

(1) IN GENERAL.—Subject to paragraph (2), if a State contributes qualified revenues to cover not less than 5 percent of the total cost of a project eligible for assistance under this title, the Federal share payable for the project under this section may be increased by an amount that is—

(A) equal to the percent of the total cost of the project from contributed qualified revenues; but

(B) not more than 5 percent of the total cost of the project.

(2) EXPIRATION.—The authorization of an increased Federal share for a project pursuant to paragraph (1) expires on September 30, 2023.

(c) Study.—

(1) IN GENERAL.—Before the expiration date of the credit under subsection (b)(2), the Secretary, in coordination with other appropriate Federal agencies, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the most efficient and equitable means of taxing motor vehicle fuels not subject to a Federal tax as of the date of submission of the report.

(2) REQUIREMENT.—The means described in the report under paragraph (1) shall parallel, as closely as practicable, the structure of other Federal taxes on motor fuels.

SEC. 11202. Justification reports for access points on the Interstate System.

Section 111(e) of title 23, United States Code, is amended by inserting (including new or modified freeway-to-crossroad interchanges inside a transportation management area) after the Interstate System.

SEC. 11203. Exemptions.

Section 127 of title 23, United States Code, is amended by adding at the end the following:

“(m) Natural gas vehicles.—A vehicle, if operated by an engine fueled primarily by natural gas, may exceed any vehicle weight limit (up to a maximum gross vehicle weight of 82,000 pounds) under this section by an amount that is equal to the difference between—

“(1) the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and

“(2) the weight of a comparable diesel tank and fueling system.

“(n) Emergency vehicles.—

“(1) DEFINITION OF EMERGENCY VEHICLE.—In this subsection, the term emergency vehicle means a vehicle designed to be used under emergency conditions—

“(A) to transport personnel and equipment; and

“(B) to support the suppression of fires and mitigation of other hazardous situations.

“(2) EMERGENCY VEHICLE WEIGHT LIMIT.—Notwithstanding subsection (a), a State shall not enforce against an emergency vehicle a vehicle weight limit (up to a maximum gross vehicle weight of 86,000 pounds) of less than—

“(A) 24,000 pounds on a single steering axle;

“(B) 33,500 pounds on a single drive axle;

“(C) 62,000 pounds on a tandem axle; or

“(D) 52,000 pounds on a tandem rear drive steer axle.

“(o) Operation of certain specialized vehicles on certain highways in the State of Arkansas.—If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System—

“(1) a vehicle that could legally operate on the segment before the date of the designation at the posted speed limit may continue to operate on that segment; and

“(2) a vehicle that can only travel below the posted speed limit on the segment that could otherwise legally operate on the segment before the date of the designation may continue to operate on that segment during daylight hours.”.

SEC. 11204. High priority corridors on the National Highway System.

Section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031) is amended—

(1) in subsection (c) (105 Stat. 2032; 112 Stat. 190; 119 Stat. 1213)—

(A) 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.”;

(B) in paragraph (18)(D)—

(i) in clause (ii), by striking and at the end;

(ii) in clause (iii), by striking the period at the end and inserting ; and; and

(iii) 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.”; and

(C) by striking paragraph (68) and inserting the following:

“(68) The Washoe County Corridor and the Intermountain West Corridor shall generally follow:

“(A) in the case of 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) in the case of the Intermountain West Corridor, from the vicinity of Las Vegas extending north along United States Route 95, terminating at Interstate Route 80.”; and

(D) 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 Central Texas Corridor commencing at the logical terminus of Interstate 10, and generally following portions of United States Route 190 eastward passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing.”;

(2) in subsection (e)(5)—

(A) in subparagraph (A) (109 Stat. 597; 118 Stat. 293; 119 Stat. 1213), in the first sentence—

(i) by inserting subsection (c)(13), after subsection (c)(9),;

(ii) by striking subsections (c)(18) and all that follows through (c)(36) and inserting subsection (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of subsection (c)(26), subsection (c)(36) ; and

(iii) by striking and subsection (c)(57) and inserting subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), and subsection (c)(82); and

(B) in subparagraph (C)(i) (109 Stat. 598; 126 Stat. 427), by striking the last sentence and inserting 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. .

SEC. 11205. Repeat intoxicated driver law.

Section 164(a)(4) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by inserting or combination of laws after means a State law.

SEC. 11206. Vehicle-to-infrastructure equipment.

(a) National highway performance program.—Section 119(d)(2)(L) of title 23, United States Code, is amended by inserting , including the installation of interoperable vehicle-to-infrastructure communication equipment after capital improvements.

(b) Surface transportation program.—Section 133(b)(16) of title 23, United States Code, by inserting , including the installation of interoperable vehicle-to-infrastructure communication equipment after capital improvements.

SEC. 11207. Relinquishment.

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.

SEC. 11208. Transfer and sale of toll credits.

(a) Definitions.—In this section, the following definitions apply:

(1) ELIGIBLE STATE.—The term eligible State means a State that—

(A) is eligible to use a credit under section 120(i) of title 23, United States Code; and

(B) has been selected by the Secretary under subsection (d)(2).

(2) RECIPIENT STATE.—The term recipient State means a State that receives a credit by transfer or by sale under this section from an eligible State.

(b) Establishment of pilot program.—Not later than 1 year after the date of the establishment of a nationwide toll credit monitoring and tracking system under subsection (g), the Secretary shall establish and implement a toll credit marketplace pilot program in accordance with this section.

(c) Purposes.—The purposes of the pilot program established under subsection (b) are—

(1) to identify whether a monetary value can be assigned to toll credits;

(2) to identify the discounted rate of toll credits for cash;

(3) to determine if the purchase of toll credits by States provides the purchasing State budget flexibility to deal with funding issues, including off-system needs, transit systems with high operating costs, or cash flow issues; and

(4) to test the feasibility of expanding the toll credit market to allow all States to participate on a permanent basis.

(d) Selection of eligible States.—

(1) APPLICATION TO SECRETARY.—In order to participate in the pilot program established under subsection (b), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(2) SELECTION.—Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an eligible State.

(e) Transfer or sale of credits.—

(1) IN GENERAL.—In carrying out the pilot program established under subsection (b), the Secretary shall provide that an eligible State may transfer or sell to a recipient State a credit not used by the eligible State under section 120(i) of title 23, United States Code.

(2) USE OF CREDITS BY TRANSFEREE OR PURCHASER.—A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code.

(3) CONDITION ON TRANSFER OR SALE OF CREDITS.—To receive a credit under paragraph (1), a recipient State shall enter into an agreement with the Secretary described in section 120(i) of title 23, United States Code.

(f) Use of proceeds from sale of credits.—An eligible State shall use the proceeds from the sale of a credit under subsection (e)(1) for any project in the eligible State that is eligible under the surface transportation program established under section 133 of title 23, United States Code.

(g) Toll credit monitoring and tracking.—Not later than 180 days after the enactment of this section, the Secretary shall establish a nationwide toll credit monitoring and tracking system that functions as a real-time database on the inventory and use of toll credits among all States (as defined in section 101(a) of title 23, United States Code).

(h) Notification.—Not later than 30 days after the date on which a credit is transferred or sold under subsection (e)(1), the eligible State shall submit to the Secretary in writing a notification of the transfer or sale.

(i) Reporting requirements.—

(1) INITIAL REPORT.—Not later than 180 days after the date of establishment of the pilot program under subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the pilot program.

(2) STATE REPORT.—

(A) REPORT BY ELIGIBLE STATE.—Not later than 30 days after a purchase or sale under subsection (e)(1), an eligible State shall submit to the Secretary a report that describes—

(i) information on the transaction;

(ii) the amount of cash received and the value of toll credits sold;

(iii) the intended use of the cash; and

(iv) an update on the remaining toll credit balance of the State.

(B) REPORT BY RECIPIENT STATE.—Not later than 30 days after a purchase or sale under subsection (e)(1), a recipient State shall submit to the Secretary a report that describes—

(i) the value of toll credits purchased;

(ii) the anticipated use of the toll credits; and

(iii) plans for maintaining maintenance of effort for spending on Federal-aid highways projects.

(3) ANNUAL REPORT.—Not later than 1 year after the date on which the pilot program under subsection (b) is established and each year thereafter that the pilot program is in effect, the Secretary shall—

(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—

(i) determines whether a toll credit marketplace is viable;

(ii) describes the buying and selling activities of the pilot program;

(iii) describes the monetary value of toll credits;

(iv) determines whether the pilot program could be expanded to more States or all States; and

(v) provides updated information on the toll credit balance accumulated by each State; and

(B) make the report described in subparagraph (A) publicly available on the website of the Department.

(j) Termination.—The Secretary may terminate the program established under this section or the participation of any State in the program if the Secretary determines that the program is not serving a public benefit.

SEC. 11209. Regional infrastructure accelerator demonstration program.

(a) In general.—The Secretary shall establish a regional infrastructure demonstration program (referred to in this section as the program) to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the TIFIA program under chapter 6 of title 23, United States Code.

(b) Designation of regional infrastructure accelerators.—In carrying out the program, the Secretary may designate regional infrastructure accelerators that will—

(1) serve a defined geographic area; and

(2) act as a resource in the geographic area to qualified entities in accordance with this section.

(c) Application.—To be eligible for a designation under subsection (b), a proposed regional infrastructure accelerator shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.

(d) Criteria.—In evaluating a proposal submitted under subsection (c), the Secretary shall consider—

(1) the need for geographic diversity among regional infrastructure accelerators; and

(2) the ability of the proposal to promote investment in covered infrastructure projects, which shall include a plan—

(A) to evaluate and promote innovative financing methods for local projects, including the use of the TIFIA program under chapter 6 of title 23, United States Code;

(B) to build capacity of State, local, and tribal governments to evaluate and structure projects involving the investment of private capital;

(C) to provide technical assistance and information on best practices with respect to financing the projects;

(D) to increase transparency with respect to infrastructure project analysis and using innovative financing for public infrastructure projects;

(E) to deploy predevelopment capital programs designed to facilitate the creation of a pipeline of infrastructure projects available for investment;

(F) to bundle smaller-scale and rural projects into larger proposals that may be more attractive for investment; and

(G) to reduce transaction costs for public project sponsors.

(e) Annual report.—Not less frequently than once each year, the Secretary shall submit to Congress a report that describes the findings and effectiveness of the program.

(f) Authorization of appropriations.—There is authorized to be appropriated to carry out the program $12,000,000, of which the Secretary shall use—

(1) $11,750,000 for initial grants to regional infrastructure accelerators under subsection (b); and

(2) $250,000 for administrative costs of carrying out the program.

SEC. 11210. Sonoran Corridor Interstate development.

(a) Findings.—Congress finds that the designation of the Sonoran Corridor Interstate connecting Interstate 19 to Interstate 10 south of the Tucson International Airport as a future part of the Interstate System would—

(1) enhance direct linkage between major trading routes connecting growing ports, agricultural regions, infrastructure and manufacturing centers, and existing high priority corridors of the National Highway System; and

(2) significantly improve connectivity on the future Interstate 11 and the CANAMEX Corridor, a route directly linking the United States with Mexico and Canada.

(b) High priority corridors on National Highway System.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1210) (as amended by section 11204) is amended by adding at the end the following:

“(84) State Route 410, the Sonoran Corridor connecting Interstate 19 to Interstate 10 south of the Tucson International Airport.”.

(c) Future parts of Interstate System.—Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) (as amended by section 11204) is amended in the first sentence by striking and subsection (c)(82) and inserting subsection (c)(82), and subsection (c)(84).

SEC. 12001. Research, technology, and education.

(a) Highway research and development program.—Section 503(b)(3) of title 23, United States Code, is amended—

(1) in subparagraph (C)—

(A) in clause (xviii), by striking and at the end;

(B) in clause (xix), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(xx) accelerated mobile, highway-speed, bridge inspection methods that provide quantitative data-driven decisionmaking capabilities without requiring lane closures; and

“(xxi) innovative segmental wall technology for soil bank stabilization and roadway sound attenuation, and articulated technology for hydraulic sheer-resistant erosion control.”; and

(2) in subparagraph (D)(i), by inserting and section 119(e) after this subparagraph.

(b) Technology and innovation deployment program.—Section 503(c) of title 23, United States Code, is amended—

(1) in paragraph (1), in the matter preceding subparagraph (A), by striking carry out and inserting establish and implement;

(2) in paragraph (2)—

(A) in subparagraph (B), by striking clause (i) and inserting the following:

“(i) use not less than 50 percent of the funds authorized to carry out this subsection to make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, local governments, metropolitan planning organizations, institutions of higher education, private sector entities, and nonprofit organizations to carry out demonstration programs that will accelerate the deployment and adoption of transportation research activities;”;

(B) by redesignating subparagraph (C) as subparagraph (D); and

(C) by inserting after subparagraph (B) the following:

“(C) INNOVATION GRANTS.—

“(i) IN GENERAL.—In carrying out the program established under subparagraph (B)(i), the Secretary shall establish a transparent competitive process in which entities described in subparagraph (B)(i) may submit an application to receive a grant under this subsection.

“(ii) PUBLICATION OF APPLICATION PROCESS.—A description of the application process established by the Secretary shall—

“(I) be posted on a public website;

“(II) identify the information required to be included in the application; and

“(III) identify the criteria by which the Secretary shall select grant recipients.

“(iii) SUBMISSION OF APPLICATION.—To receive a grant under this paragraph, an entity described in subparagraph (B)(i) shall submit an application to the Secretary.

“(iv) SELECTION AND APPROVAL.—The Secretary shall select and approve an application submitted under clause (iii) based on whether the project described in the application meets the goals of the program described in paragraph (1).”; and

(3) in paragraph (3)(C), by striking each of fiscal years 2013 through 2014 and inserting each fiscal year.

(c) Conforming amendment.—Section 505(c)(1) of title 23, United States Code, is amended by striking section 503(c)(2)(C) and inserting section 503 (c)(2)(D).

SEC. 12002. Intelligent transportation systems.

(a) Intelligent transportation systems deployment.—Section 513 of title 23, United States Code, is amended by adding at the end the following:

“(d) System operations and ITS deployment grant program.—

“(1) ESTABLISHMENT.—The Secretary shall establish a competitive grant program to accelerate the deployment, operation, systems management, intermodal integration, and interoperability of the ITS program and ITS-enabled operational strategies—

“(A) to measure and improve the performance of the surface transportation system;

“(B) to reduce traffic congestion and the economic and environmental impacts of traffic congestion;

“(C) to minimize fatalities and injuries;

“(D) to enhance mobility of people and goods;

“(E) to improve traveler information and services; and

“(F) to optimize existing roadway capacity.

“(2) APPLICATION.—To be eligible for a grant under this subsection, an eligible entity shall submit an application to the Secretary that includes—

“(A) a plan to deploy and provide for the long-term operation and maintenance of intelligent transportation systems to improve safety, efficiency, system performance, and return on investment, such as—

“(i) autonomous vehicle communication technologies;

“(ii) vehicle-to-vehicle or vehicle-to-infrastructure communication technologies;

“(iii) real-time integrated traffic, transit, and multimodal transportation information;

“(iv) advanced traffic, freight, parking, and incident management systems;

“(v) advanced technologies to improve transit and commercial vehicle operations;

“(vi) synchronized, adaptive, and transit preferential traffic signals;

“(vii) advanced infrastructure condition assessment technologies; and

“(viii) other technologies to improve system operations, including ITS applications necessary for multimodal systems integration and for achieving performance goals;

“(B) quantifiable system performance improvements, including—

“(i) reductions in traffic-related crashes, congestion, and costs;

“(ii) optimization of system efficiency; and

“(iii) improvement of access to transportation services;

“(C) quantifiable safety, mobility, and environmental benefit projections, including data-driven estimates of the manner in which the project will improve the efficiency of the transportation system and reduce traffic congestion in the region;

“(D) a plan for partnering with the private sector, including telecommunications industries and public service utilities, public agencies (including multimodal and multijurisdictional entities), research institutions, organizations representing transportation and technology leaders, and other transportation stakeholders;

“(E) a plan to leverage and optimize existing local and regional ITS investments; and

“(F) a plan to ensure interoperability of deployed technologies with other tolling, traffic management, and intelligent transportation systems.

“(3) SELECTION.—

“(A) IN GENERAL.—Effective beginning not later than 1 year after the date of enactment of the DRIVE Act, the Secretary may provide grants to eligible entities under this subsection.

“(B) GEOGRAPHIC DIVERSITY.—In awarding a grant under this subsection, the Secretary shall ensure, to the maximum extent practicable, that grant recipients represent diverse geographical areas of the United States, including urban, suburban, and rural areas.

“(C) NON-FEDERAL SHARE.—In awarding a grant under the subsection, the Secretary shall give priority to grant recipients that demonstrate an ability to contribute a significant non-Federal share to the cost of carrying out the project for which the grant is received.

“(4) ELIGIBLE USES.—Projects for which grants awarded under this subsection may be used include—

“(A) the deployment of autonomous vehicle communication technologies;

“(B) the deployment of vehicle-to-vehicle or vehicle-to-infrastructure communication technologies;

“(C) the establishment and implementation of ITS and ITS-enabled operations strategies that improve performance in the areas of—

“(i) traffic operations;

“(ii) emergency response to surface transportation incidents;

“(iii) incident management;

“(iv) transit and commercial vehicle operations improvements;

“(v) weather event response management by State and local authorities;

“(vi) surface transportation network and facility management;

“(vii) construction and work zone management;

“(viii) traffic flow information;

“(ix) freight management; and

“(x) congestion management;

“(D) carrying out activities that support the creation of networks that link metropolitan and rural surface transportation systems into an integrated data network, capable of collecting, sharing, and archiving transportation system traffic condition and performance information;

“(E) the implementation of intelligent transportation systems and technologies that improve highway safety through information and communications systems linking vehicles, infrastructure, mobile devices, transportation users, and emergency responders;

“(F) the provision of services necessary to ensure the efficient operation and management of ITS infrastructure, including costs associated with communications, utilities, rent, hardware, software, labor, administrative costs, training, and technical services;

“(G) the provision of support for the establishment and maintenance of institutional relationships between transportation agencies, police, emergency medical services, private emergency operators, freight operators, shippers, public service utilities, and telecommunications providers;

“(H) carrying out multimodal and cross-jurisdictional planning and deployment of regional transportation systems operations and management approaches; and

“(I) performing project evaluations to determine the costs, benefits, lessons learned, and future deployment strategies associated with the deployment of intelligent transportation systems.

“(5) REPORT TO SECRETARY.—For each fiscal year that an eligible entity receives a grant under this subsection, not later than 1 year after receiving the grant, each recipient shall submit to the Secretary a report that describes how the project has met the expectations projected in the deployment plan submitted with the application, including information on—

“(A) how the program has helped reduce traffic crashes, congestion, costs, and other benefits of the deployed systems;

“(B) the effect of measuring and improving transportation system performance through the deployment of advanced technologies;

“(C) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public that allows the public to make informed travel decisions; and

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

“(6) REPORT TO CONGRESS.—Not later than 2 years after the date on which the first grant is awarded under this subsection and annually thereafter for each fiscal year for which grants are awarded under this subsection, the Secretary shall submit to Congress a report that describes the effectiveness of the grant recipients in meeting the projected deployment plan goals, including data on how the grant program has—

“(A) reduced traffic-related fatalities and injuries;

“(B) reduced traffic congestion and improved travel-time reliability;

“(C) reduced transportation-related emissions;

“(D) optimized multimodal system performance;

“(E) improved access to transportation alternatives;

“(F) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;

“(G) provided cost savings to transportation agencies, businesses, and the traveling public; and

“(H) provided other benefits to transportation users and the general public.

“(7) ADDITIONAL GRANTS.—If the Secretary determines, based on a report submitted under paragraph (5), that a grant recipient is not complying with the established grant criteria, the Secretary may—

“(A) cease payment to the recipient of any remaining grant amounts; and

“(B) redistribute any remaining amounts to other eligible entities under this section.

“(8) NON-FEDERAL SHARE.—The Federal share of the cost of a project for which a grant is provided under this subsection shall not exceed 50 percent of the cost of the project.

“(9) FUNDING.—Of the funds made available each fiscal year to carry out the intelligent transportation system program under sections 512 through 518, not less than $30,000,000 shall be used to carry out this subsection.”.

(b) Intelligent transportation systems goals and purposes.—Section 514(a) of title 23, United States Code, is amended—

(1) in paragraph (4), by striking and at the end; and

(2) by striking paragraph (5) and inserting the following:

“(5) 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 freight system of the United States and support to freight policy goals by conducting heavy duty vehicle demonstration activities and accelerating adoption of ITS applications in freight operations.”.

(c) ITS advisory committee report.—Section 515(h)(4) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by striking February 1 of each year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012 and inserting May 1 of each year.

SEC. 12003. Future interstate study.

(a) Findings.—Congress finds that—

(1) a well-developed system of transportation infrastructure is critical to the economic well-being, health, and welfare of the people of the United States;

(2) the 47,000-mile national Interstate System is the backbone to that transportation infrastructure system; and

(3) as of the date of enactment of this Act—

(A) many segments of the approximately 60-year-old Interstate System are well beyond the 50-year design life of the System and yet these aging facilities are central to the transportation infrastructure system, carrying 25 percent of the vehicle traffic of the United States on just 1 percent of the total public roadway mileage;

(B) the need for ongoing maintenance, preservation, and reconstruction of the Interstate System has grown due to increasing and changing travel demands; and

(C) simple maintenance of the current condition and configuration of the Interstate System is insufficient for the System to fully serve the transportation needs of the United States for the next 50 years.

(b) 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 network that meets the growing and shifting demands of the 21st century and for the next 50 years (referred to in this section as the study).

(c) 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 entitled 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 and dated December 2013.

(d) Recommendations.—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 to achieve the goals; and

(2) is encouraged to build on the robust institutional knowledge in the highway industry in applying the techniques involved in implementing the study.

(e) 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 next 50 years, including long-term deterioration and reconstruction needs;

(3) those National Highway System routes that should be added to the existing Interstate System to more efficiently serve national traffic flows;

(4) 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

(5) the resources necessary to maintain and improve the Interstate System, including the resources required to upgrade those National Highway System routes identified in paragraph (3) to Interstate standards.

(f) Consultation.—In carrying out the study, the Transportation Research Board—

(1) shall convene and consult with a panel of national experts including current and future owners, 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.

(g) Report.—Not later than 3 years after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under this section.

(h) Funding.—From amounts authorized to carry out the Highway Research and Development Program, the Secretary shall use up to $5,000,000 for fiscal year 2016 to carry out this section.

SEC. 12004. Researching surface transportation system funding alternatives.

(a) In general.—The Secretary shall promote the research of user-based alternative revenue mechanisms that preserve a user fee structure to maintain the long-term solvency of the Highway Trust Fund.

(b) Objectives.—The objectives of the research described in subsection (a) shall be—

(1) to study uncertainties relating to the design, acceptance, and implementation of 2 or more future user-based alternative revenue mechanisms;

(2) to define the functionality of those user-based alternative revenue mechanisms;

(3) to conduct or promote research activities to demonstrate and test those user-based alternative revenue mechanisms, including by conducting field trials, by partnering with individual States, groups of States, or other appropriate entities to conduct the research activities;

(4) to conduct outreach to increase public awareness regarding the need for alternative funding sources for surface transportation programs and provide information on possible approaches;

(5) to provide recommendations regarding adoption and implementation of those user-based alternative revenue mechanisms; and

(6) to minimize the administrative cost of any potential user-based alternative revenue mechanisms.

(c) Grants.—The Secretary shall provide grants to individual States, groups of States, or other appropriate entities to conduct research that addresses—

(1) the implementation, interoperability, public acceptance, and other potential hurdles to the adoption of a user-based alternative revenue mechanism;

(2) the protection of personal privacy;

(3) the use of independent and private third-party vendors to collect fees and operate the user-based alternative revenue mechanism;

(4) 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;

(5) ease of compliance for different users of the transportation system;

(6) the reliability and security of technology used to implement the user-based alternative revenue mechanism;

(7) the flexibility and choices of user-based alternative revenue mechanisms, including the ability of users to select from various technology and payment options;

(8) the cost of administering the user-based alternative revenue mechanism; and

(9) the ability of the administering entity to audit and enforce user compliance.

(d) Advisory council.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall establish and lead a Surface Transportation Revenue Alternatives Advisory Council (referred to in this subsection as the Council) to inform the selection and evaluation of user-based alternative revenue mechanisms.

(2) MEMBERSHIP.—

(A) IN GENERAL.—The members of the Council shall—

(i) be appointed by the Secretary; and

(ii) include, at a minimum—

(I) representatives with experience in user-based alternative revenue mechanisms, of which—

(aa) not fewer than 1 shall be from the Department;

(bb) not fewer than 1 shall be from the Department of the Treasury; and

(cc) not fewer than 2 shall be from State departments of transportation;

(II) representatives from applicable users of the surface transportation system; and

(III) appropriate technology and public privacy experts.

(B) GEOGRAPHIC CONSIDERATIONS.—The Secretary shall consider geographic diversity when selecting members under this paragraph.

(3) FUNCTIONS.—Not later than 1 year after the date on which the Council is established, the Council shall, at a minimum—

(A) define the functionality of 2 or more user-based alternative revenue mechanisms;

(B) identify technological, administrative, institutional, privacy, and other issues that—

(i) are associated with the user-based alternative revenue mechanisms; and

(ii) may be researched through research activities;

(C) conduct public outreach to identify and assess questions and concerns about the user-based alternative revenue mechanisms for future evaluation through research activities; and

(D) provide recommendations to the Secretary on the process and criteria used for selecting research activities under subsection (c).

(4) EVALUATIONS.—The Council shall conduct periodic evaluations of the research activities that have received assistance from the Secretary under this section.

(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Council shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(e) 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 research activities under this section, the Secretary shall submit to the Secretary of the Treasury, the Committee on Finance and the Committee on Environment and Public Works of the Senate, and the Committee on Ways and Means and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress of the research activities.

(f) Final report.—On the completion of the research activities under this section, the Secretary and the Secretary of the Treasury, acting jointly, shall submit to the Committee on Finance and the Committee on Environment and Public Works of the Senate and the Committee on Ways and Means and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the research activities and any recommendations.

(g) 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 in fiscal year 2016; and

(2) $20,000,000 shall be used to carry out this section in each of fiscal years 2017 through 2021.

SEC. 12101. Tribal data collection.

Section 201(c)(6) of title 23, United States Code, is amended by adding at the end the following:

“(C) TRIBAL DATA COLLECTION.—In addition to the data to be collected under subparagraph (A), not later than 90 days after the end 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 Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:

“(i) The names of projects or activities carried out by the entity under the tribal transportation program during the preceding fiscal year.

“(ii) A description of the projects or activities identified under clause (i).

“(iii) The current status of the projects or activities identified under clause (i).

“(iv) An estimate of the number of jobs created and the number of jobs retained by the projects or activities identified under clause (i).”.

SEC. 12102. Performance management data support program.

(a) Performance management data support.—The Administrator of the Federal Highway Administration shall develop, use, and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway Administration in carrying out performance management analyses (including the performance management requirements under section 150 of title 23, United States Code).

(b) Inclusions.—The data analysis activities authorized under subsection (a) may include—

(1) collecting and distributing vehicle probe data describing traffic on Federal-aid highways;

(2) collecting household travel behavior data to assess local and cross-jurisdictional travel, including to accommodate external and through travel;

(3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data, so as to better understand trip origin and destination, trip time, and mode;

(4) enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section 150(e) of title 23, United States Code; and

(5) developing tools—

(A) to improve performance analysis; and

(B) to evaluate the effects of project investments on performance.

(c) Funding.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator may use up to $10,000,000 for each of fiscal years 2016 through 2021 to carry out this section.

SEC. 12201. Every Day Counts initiative.

(a) In general.—It is in the national interest for the Department, State departments of transportation, and all other recipients of Federal transportation funds—

(1) to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment;

(2) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner;

(3) to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement; and

(4) to create a culture of innovation within the highway community.

(b) Every Day Counts initiative.—To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration (referred to in this section as the Administrator) shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that—

(1) accelerate innovation deployment;

(2) shorten the project delivery process;

(3) improve environmental sustainability;

(4) enhance roadway safety; and

(5) reduce congestion.

(c) Innovation deployment.—

(1) IN GENERAL.—At least every 2 years, the Administrator shall work collaboratively with stakeholders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects.

(2) REQUIREMENTS.—In identifying a collection described in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice.

(d) Publication.—Each collection identified under subsection (c) shall be published by the Administrator on a publicly available website.

SEC. 12202. Department of Transportation performance measures.

(a) Performance measures.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the heads of other Federal agencies with responsibility for the review and approval of projects funded under title 23, United States Code, shall measure and report on—

(1) the progress made toward aligning Federal reviews of projects funded under title 23, United States Code, and the improvement of project delivery associated with those projects; and

(2) as applicable, the effectiveness of the Department in achieving the goals described in section 150(b) of title 23, United States Code, through discretionary programs.

(b) Report.—Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the evaluation conducted under subsection (a).

(c) Inspector general report.—Not later than 3 years after the date of enactment of this Act, the Inspector General of the Department shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the evaluation conducted under subsection (a).

SEC. 12203. Grant program for achievement in transportation for performance and innovation.

(a) Definitions.—In this section:

(1) ELIGIBLE ENTITY.—The term eligible entity includes—

(A) a State;

(B) a unit of local government;

(C) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); and

(D) a metropolitan planning organization.

(2) STATE.—The term State means—

(A) a State;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico; and

(D) any other territory (as defined in section 165(c)(1) of title 23, United States Code).

(b) Establishment of program.—The Secretary shall establish a competitive grant program to reward—

(1) achievement in transportation performance management; and

(2) the implementation of strategies that achieve innovation and efficiency in surface transportation.

(c) Purpose.—The purpose of the program under this section shall be to reward entities for the implementation of policies and procedures that—

(1) support performance-based management of the surface transportation system and improve transportation outcomes; or

(2) use innovative technologies and practices that improve the efficiency and performance of the surface transportation system.

(d) Application.—

(1) IN GENERAL.—An eligible entity may submit to the Secretary an application for a grant under this section.

(2) CONTENTS.—An application under paragraph (1) shall indicate the means by which the eligible entity has met the requirements and purpose of the program under this section, including by—

(A) establishing, and making progress toward achieving, performance targets that exceed the requirements of title 23, United States Code;

(B) using innovative techniques and practices that enhance the effective movement of people, goods, and services, such as technologies that reduce construction time, improve operational efficiencies, and extend the service life of highways and bridges; and

(C) employing transportation planning tools and procedures that improve transparency and the development of transportation investment strategies within the jurisdiction of the eligible entity.

(e) Evaluation criteria.—In awarding a grant under this section, the Secretary shall take into consideration the extent to which the application of the applicable eligible entity under subsection (d)—

(1) demonstrates performance in meeting the requirements of subsection (c); and

(2) promotes the national goals described in section 150(b) of title 23, United States Code.

(f) Eligible activities.—Amounts made available to carry out this section shall be used for projects eligible for funding under—

(1) title 23, United States Code; or

(2) chapter 53 of title 49, United States Code.

(g) Limitation.—The amount of a grant under this section shall be not more than $15,000,000.

(h) Authorization of appropriations.—

(1) IN GENERAL.—There is authorized to be appropriated out of the general fund of the Treasury to carry out this section $150,000,000 for each of fiscal years 2016 through 2021, to remain available until expended.

(2) ADMINISTRATIVE COSTS.—The Secretary shall withhold a reasonable amount of funds made available under paragraph (1) for administration of the program under this section, not to exceed 3 percent of the amount appropriated for each applicable fiscal year.

(i) Applicability of requirements.—Amounts made available under this section shall be administered as if the funds were apportioned under chapter 1 of title 23, United States Code.

SEC. 12204. 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 report.—

“(1) PUBLICLY AVAILABLE REPORT.—Not later than 180 days after the date of enactment of the DRIVE Act and quarterly thereafter, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway program 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 website of the Department of Transportation and can be searched and downloaded by users of the website.

“(3) CONTENTS OF REPORT.—

“(A) APPORTIONED AND ALLOCATED PROGRAMS.—For each fiscal year, the report shall include comprehensive data for each program, organized by State, that includes—

“(i) the total amount of funds available for obligation, identifying the unobligated balance of funds available at the end of the preceding fiscal year and new funding available for the current fiscal year;

“(ii) the total amount of funding obligated during the current fiscal year;

“(iii) the remaining amount of funds available for obligation;

“(iv) changes in the obligated, unexpended balance during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures; and

“(v) the percentage of the total amount of obligations for the current fiscal year used for construction and the total amount obligated during the current fiscal year for rehabilitation.

“(B) PROJECT DATA.—To the maximum extent practicable, the report shall include project-specific data, including data describing—

“(i) the specific location of a project;

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

“(I) less than 5,000 individuals;

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

“(III) 50,000 or more individuals;

“(iii) the total cost of the project;

“(iv) the amount of Federal funding being used on the project;

“(v) the 1 or more programs from which Federal funds are obligated on the project;

“(vi) the type of improvement being made, such as categorizing the project as—

“(I) a road reconstruction project;

“(II) a new road construction project;

“(III) a new bridge construction project;

“(IV) a bridge rehabilitation project; or

“(V) a bridge replacement project; and

“(vii) the ownership of the highway or bridge.

“(C) TRANSFERS BETWEEN PROGRAMS.—The report shall include a description of the amount of funds transferred between programs by each State under section 126.”.

(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. 12205. Report on highway trust fund administrative expenditures.

(a) Initial report.—Not later than 150 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the administrative expenses of the Federal Highway Administration funded from the Highway Trust Fund during the 3 most recent fiscal years.

(b) Updates.—Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General shall submit to Congress a report that updates the information provided in the report under that subsection for the preceding 5-year period.

(c) Inclusions.—Each report submitted under subsection (a) or (b) shall include a description of the—

(1) types of administrative expenses of programs and offices funded by the Highway Trust Fund;

(2) tracking and monitoring of administrative expenses;

(3) controls in place to ensure that funding for administrative expenses is used as efficiently as practicable; and

(4) flexibility of the Department to reallocate amounts from the Highway Trust Fund between full-time equivalent employees and other functions.

SEC. 12206. Availability of reports.

(a) In general.—The Secretary shall make available to the public on the website of the Department any report required to be submitted by the Secretary to Congress after the date of enactment of this Act.

(b) Deadline.—Each report described in subsection (a) shall be made available on the website not later than 30 days after the report is submitted to Congress.

SEC. 12207. Performance period adjustment.

(a) National highway performance program.—Section 119 of title 23, United States Code, is amended—

(1) in subsection (e)(7), by striking for 2 consecutive reports submitted under this paragraph shall include in the next report submitted and inserting shall include as part of the performance target report under section 150(e); and

(2) in subsection (f)(1)(A), by striking If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls and inserting If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen.

(b) Highway safety improvement program.—Section 148(i) of title 23, United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets and inserting safety performance targets of the State established under section 150(d); and

(2) in paragraphs (1) and (2), by inserting safety before performance targets each place it appears.

SEC. 12208. Design standards.

(a) In general.—Section 109 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking may take into account and inserting shall consider; and

(ii) in subparagraph (C), by striking access for and inserting access and safety for; 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”;

(2) in subsection (f), by inserting pedestrian walkways, after bikeways,; and

(3) by adding at the end the following:

“(s) Safety for motorized and nonmotorized users.—

“(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this subsection, the Secretary shall establish standards to ensure that the design of Federal surface transportation projects provides for the safe and adequate accommodation (as determined by the State or other direct recipient of funds), in all phases of project planning, development, and operation, of all users of the transportation network, including motorized and nonmotorized users.

“(2) WAIVER FOR STATE LAW OR POLICY.—The Secretary may waive the application of standards established under paragraph (1) to a State that has adopted a law or policy that provides for the safe and adequate accommodation (as determined by the State or other direct recipient of funds), in all phases of project planning and development, of users of the transportation network on federally funded surface transportation projects.

“(3) COMPLIANCE.—

“(A) IN GENERAL.—Each State department of transportation shall submit a report to the Secretary, at such time, in such manner, and containing such information as the Secretary shall require, that describes measures implemented by the State to comply with this subsection.

“(B) DETERMINATION BY SECRETARY.—Upon the receipt of a report from a State under subparagraph (A), the Secretary shall determine whether the State is in compliance with this section.”.

(b) Design standard flexibility.—Notwithstanding section 109(o) of title 23, United States Code, a local jurisdiction may use a roadway design guide that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the Interstate System) if—

(1) the local jurisdiction is the project sponsor;

(2) the roadway design guide—

(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. 13001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.

(a) Definitions.—Section 601(a) of title 23, United States Code, is amended—

(1) in the matter preceding paragraph (1)—

(A) by striking In this chapter, the and inserting The; and

(B) by inserting to sections 601 through 609 after apply;

(2) in paragraph (2)—

(A) in subparagraph (B), by striking and at the end;

(B) in subparagraph (C), by striking the period at the end and inserting ; and; and

(C) by adding at the end the following:

“(D) capitalizing a rural projects fund using the proceeds of a secured loan made to a State infrastructure bank in accordance with sections 602 and 603, for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section 610.”;

(3) in paragraph (3), by striking this chapter and inserting the TIFIA program;

(4) in paragraph (10)—

(A) in the matter preceding subparagraph (A)—

(i) by inserting related before projects; and

(ii) by striking (which shall receive an investment grade rating from a rating agency);

(B) in subparagraph (A), by striking subject to the availability of future funds being made available to carry out this chapter; and inserting “subject to—

“(i) the availability of future funds being made available to carry out the TIFIA program; and

“(ii) the satisfaction of all of the conditions for the provision of credit assistance under the TIFIA program, including section 603(b)(1);”; and

(C) in subparagraph (D)—

(i) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;

(ii) by inserting after clause (i) the following:

“(ii) receiving an investment grade rating from a rating agency;”;

(iii) in clause (iii) (as so redesignated), by striking section 602(c) and inserting including sections 602(c) and 603(b)(1); and

(iv) in clause (iv) (as so redesignated), by striking this chapter and inserting the TIFIA program;

(5) in paragraph (12)—

(A) in subparagraph (D)(iv), by striking the period at the end and inserting ; and; and

(B) by adding at the end the following:

“(E) a project to improve or construct public infrastructure that is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, and capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure;

“(F) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that—

“(i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); and

“(ii) as determined by the Secretary of the Interior, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under the TIFIA program; and

“(G) the capitalization of a rural projects fund by a State infrastructure bank with the proceeds of a secured loan made in accordance with sections 602 and 603, for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section 610.”;

(6) in paragraph (15), by striking means and all that follows through the period at the end and inserting means a surface transportation infrastructure project located in an area that is outside of an urbanized area with a population greater than 150,000 individuals, as determined by the Bureau of the Census.;

(7) by redesignating paragraphs (16), (17), (18), (19), and (20) as paragraphs (17), (18), (20), (21), and (22), respectively;

(8) by inserting after paragraph (15) the following:

“(16) RURAL PROJECTS FUND.—The term rural projects fund means a fund—

“(A) established by a State infrastructure bank in accordance with section 610(d)(4);

“(B) capitalized with the proceeds of a secured loan made to the bank in accordance with sections 602 and 603; and

“(C) for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section 610.”;

(9) by inserting after paragraph (18) (as redesignated) the following:

“(19) STATE INFRASTRUCTURE BANK.—The term State infrastructure bank means an infrastructure bank established under section 610.”; and

(10) in paragraph (22) (as redesignated), by inserting established under sections 602 through 609 after Department.

(b) Determination of eligibility and project selection.—Section 602 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking this chapter and inserting the TIFIA program;

(B) in paragraph (2)(A), by striking this chapter and inserting the TIFIA program;

(C) in paragraph (3), by striking this chapter and inserting the TIFIA program;

(D) in paragraph (5)—

(i) by striking the heading and inserting Eligible project cost parameters.—;

(ii) in subparagraph (A)—

(I) in the matter preceding clause (i), by striking subparagraph (B), to be eligible for assistance under this chapter, a project and inserting subparagraphs (B) and (C), a project under the TIFIA program;

(II) by striking clause (i) and inserting the following:

“(i) $50,000,000; and”; and

(III) in clause (ii), by striking assistance; and

(iii) in subparagraph (B)—

(I) by striking the subparagraph designation and heading and all that follows through In the case and inserting the following:

“(B) EXCEPTIONS.—

“(i) INTELLIGENT TRANSPORTATION SYSTEMS.—In the case”; and

(II) by adding at the end the following:

“(ii) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.—In the case of a project described in section 601(a)(12)(E), eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000.

“(iii) RURAL PROJECTS.—In the case of a rural infrastructure project or a project capitalizing a rural projects fund, eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000, but not to exceed $100,000,000.

“(iv) LOCAL INFRASTRUCTURE PROJECTS.—Eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000 in the case of projects or programs of projects—

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

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

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

(E) in paragraph (9), in the matter preceding subparagraph (A), by striking this chapter and inserting the TIFIA program; and

(F) in paragraph (10)—

(i) by striking To be eligible and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), to be eligible”;

(ii) by striking this chapter each place it appears and inserting the TIFIA program;

(iii) by striking not later than and inserting no later than; and

(iv) by adding at the end the following:

“(B) RURAL PROJECTS FUND.—In the case of a project capitalizing a rural projects fund, the State infrastructure bank shall demonstrate, not later than 2 years after the date on which a secured loan is obligated for the project under the TIFIA program, that the bank has executed a loan agreement with a borrower for a rural infrastructure project in accordance with section 610. After the demonstration is made, the bank may draw upon the secured loan. At the end of the 2-year period, to the extent the bank has not used the loan commitment, the Secretary may extend the term of the loan or withdraw the loan commitment.”;

(2) in subsection (b), by striking paragraph (2) and inserting the following:

“(2) MASTER CREDIT AGREEMENTS.—

“(A) PROGRAM OF RELATED PROJECTS.—The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary.

“(B) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year for which additional funds are available to receive credit assistance.”;

(3) in subsection (c)(1), in the matter preceding subparagraph (A), by striking this chapter and inserting the TIFIA program; and

(4) in subsection (e), by striking this chapter and inserting the TIFIA program.

(c) Secured loan terms and limitations.—Section 603(b) of title 23, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking The amount of and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the amount of”; and

(B) by adding at the end the following:

“(B) RURAL PROJECTS FUND.—In the case of a project capitalizing a rural projects fund, the maximum amount of a secured loan made to a State infrastructure bank shall be determined in accordance with section 602(a)(5)(B)(iii).”;

(2) in paragraph (3)(A)(i)—

(A) in subclause (III), by striking or at the end;

(B) in subclause (IV), by striking and at the end and inserting or; and

(C) by adding at the end the following:

“(V) in the case of a secured loan for a project capitalizing a rural projects fund, any other dedicated revenue sources available to a State infrastructure bank, including repayments from loans made by the bank for rural infrastructure projects; and”;

(3) in paragraph (4)(B)—

(A) in clause (i), by striking under this chapter and inserting or a rural projects fund under the TIFIA program; and

(B) in clause (ii), by inserting and rural project funds after rural infrastructure projects;

(4) in paragraph (5)—

(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

(B) in the matter preceding subparagraph (A), by striking The final and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the final”; and

(C) by adding at the end the following:

“(B) RURAL PROJECTS FUND.—In the case of a project capitalizing a rural projects fund, the final maturity date of the secured loan shall not exceed 35 years after the date on which the secured loan is obligated.”;

(5) in paragraph (8), by striking this chapter and inserting the TIFIA program; and

(6) in paragraph (9)—

(A) by striking The total Federal assistance provided on a project receiving a loan under this chapter and inserting the following:

“(A) IN GENERAL.—The total Federal assistance provided for a project receiving a loan under the TIFIA program”; and

(B) by adding at the end the following:

“(B) RURAL PROJECTS FUND.—A project capitalizing a rural projects fund shall satisfy clause (i) through compliance with the Federal share requirement described in section 610(e)(3)(B).”.

(d) Program administration.—Section 605 of title 23, United States Code, is amended—

(1) by striking this chapter each place it appears and inserting the TIFIA program; and

(2) by adding at the end the following:

“(f) Assistance to small projects.—

“(1) RESERVATION OF FUNDS.—Of the funds made available to carry out the TIFIA program for each fiscal year, and after the set-aside under section 608(a)(6), not less than $2,000,000 shall be made available for the Secretary to use in lieu of fees collected under subsection (b) for projects under the TIFIA program having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000.

“(2) RELEASE OF FUNDS.—Any funds not used under paragraph (1) shall be made available on October 1 of the following fiscal year to provide credit assistance to any project under the TIFIA program.”.

(e) State and local permits.—Section 606 of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking this chapter and inserting the TIFIA program.

(f) Regulations.—Section 607 of title 23, United States Code, is amended by striking this chapter and inserting the TIFIA program.

(g) Funding.—Section 608 of title 23, United States Code, is amended—

(1) by striking this chapter each place it appears and inserting the TIFIA program; and

(2) in subsection (a)—

(A) in paragraph (2), by inserting of after 504(f);

(B) in paragraph (3)—

(i) in subparagraph (A), by inserting or rural projects funds after rural infrastructure projects; and

(ii) in subparagraph (B), by inserting or rural projects funds after rural infrastructure projects;

(C) by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and

(D) in paragraph (5) (as so redesignated), by striking 0.50 percent and inserting 1.5 percent.

(h) Reports to Congress.—Section 609 of title 23, United States Code, is amended by striking this chapter (other than section 610) each place it appears and inserting the TIFIA program.

(i) State infrastructure bank program.—Section 610 of title 23, United States Code, is amended—

(1) in subsection (a), by adding at the end the following:

“(11) RURAL INFRASTRUCTURE PROJECT.—The term rural infrastructure project has the meaning given the term in section 601.

“(12) RURAL PROJECTS FUND.—The term rural projects fund has the meaning given the term in section 601.”;

(2) in subsection (d)—

(A) in paragraph (1)(A), by striking each of fiscal years and all that follows through the end of subparagraph (A) and inserting each fiscal year under each of paragraphs (1), (2), and (5) of section 104(b); and;

(B) in paragraph (2), by striking in each of fiscal years 2005 through 2009 and inserting in each fiscal year;

(C) in paragraph (3), by striking in each of fiscal years 2005 through 2009 and inserting in each fiscal year;

(D) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;

(E) by inserting after paragraph (3) the following:

“(4) RURAL PROJECTS FUND.—Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the rural projects fund of the bank the proceeds of a secured loan made to the bank in accordance with section 602 and 603.”; and

(F) in paragraph (6) (as redesignated), by striking section 133(d)(3) and inserting section 133(d)(1)(A)(i);

(3) by striking subsection (e) and inserting the following:

“(e) Forms of assistance from State infrastructure banks.—

“(1) IN GENERAL.—A State infrastructure bank established under this section may—

“(A) with funds deposited into the highway account, transit account, or rail account of the bank, make loans or provide other forms of credit assistance to a public or private entity to carry out a project eligible for assistance under this section; and

“(B) with funds deposited into the rural projects fund, make loans to a public or private entity to carry out a rural infrastructure project.

“(2) SUBORDINATION OF LOAN.—The amount of a loan or other form of credit assistance provided for a project described in paragraph (1) may be subordinated to any other debt financing for the project.

“(3) MAXIMUM AMOUNT OF ASSISTANCE.—A State infrastructure bank established under this section may—

“(A) with funds deposited into the highway account, transit account, or rail account, make loans or provide other forms of credit assistance to a public or private entity in an amount up to 100 percent of the cost of carrying out a project eligible for assistance under this section; and

“(B) with funds deposited into the rural projects fund, make loans to a public or private entity in an amount not to exceed 80 percent of the cost of carrying out a rural infrastructure project.

“(4) INITIAL ASSISTANCE.—Initial assistance provided with respect to a project from Federal funds deposited into a State infrastructure bank under this section may not be made in the form of a grant.”;

(4) in subsection (g)—

(A) in paragraph (1), by striking each account and inserting the highway account, the transit account, and the rail account; and

(B) in paragraph (4), by inserting , except that any loan funded from the rural projects fund of the bank shall bear interest at or below the interest rate charged for the TIFIA loan provided to the bank under section 603 after feasible; and

(5) in subsection (k), by striking For each of fiscal years 2005 through 2009 and inserting For each fiscal year.

SEC. 14001. Technical corrections.

(a) Section 101(a)(29) of title 23, United States Code, is amended—

(1) in subparagraph (B), by inserting a comma after disabilities; and

(2) in subparagraph (F)(i), by striking 133(b)(11) and inserting 133(b)(14).

(b) Section 119(d)(1)(A) of title 23, United States Code, is amended by striking mobility, and inserting congestion reduction, system reliability,.

(c) Section 126(b) of title 23, United States Code (as amended by section 11014(b)), is amended by striking 133(d) and inserting 133(d)(1)(A).

(d) Section 127(a)(3) of title 23, United States Code, is amended by striking 118(b)(2) of this title and inserting 118(b).

(e) Section 150(c)(3)(B) of title 23, United States Code, is amended by striking the semicolon at the end and inserting a period.

(f) Section 153(h)(2) of title 23, United States Code, is amended by striking paragraphs (1) through (3) and inserting paragraphs (1), (2), and (4).

(g) Section 163(f)(2) of title 23, United States Code, is amended by striking 118(b)(2) and inserting 118(b).

(h) Section 165(c)(7) of title 23, United States Code, is amended by striking paragraphs (2), (4), (7), (8), (14), and (19) and inserting paragraphs (2), (4), (6), (7), and (14).

(i) Section 202(b)(3) of title 23, United States Code, is amended—

(1) in subparagraph (A)(i), in the matter preceding subclause (I), by inserting (a)(6), after subsections; and

(2) in subparagraph (C)(ii)(IV), by striking (III).] and inserting (III)..

(j) Section 217(a) of title 23, United States Code, is amended by striking 104(b)(3) and inserting 104(b)(4).

(k) Section 327(a)(2)(B)(iii) of title 23, United States Code, is amended by striking (42 U.S.C. 13 4321 et seq.) and inserting (42 U.S.C. 4321 et seq.).

(l) Section 504(a)(4) of title 23, United States Code, is amended by striking 104(b)(3) and inserting 104(b)(2).

(m) Section 515 of title 23, United States Code, is amended by striking this chapter each place it appears and inserting sections 512 through 518.

(n) Section 518(a) of title 23, United States Code, is amended by inserting a report after House of Representatives.

(o) Section 6302(b)(3)(B)(vi)(III) of title 49, United States Code, is amended by striking 6310 and inserting 6309.

(p) Section 1301(l)(3) of SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59) is amended—

(1) in subparagraph (A)(i), by striking complied and inserting compiled; and

(2) in subparagraph (B), by striking paragraph (1) and inserting subparagraph (A).

(q) Section 4407 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1777), is amended by striking hereby enacted into law and inserting granted.

(r) Section 51001(a)(1) of the Transportation Research and Innovative Technology Act of 2012 (126 Stat. 864) is amended by striking sections 503(b), 503(d), and 509 and inserting section 503(b).

SEC. 15001. Appalachian development highway system.

Section 1528 of MAP–21 (40 U.S.C. 14501 note; Public Law 112–141) is amended—

(1) by striking 2021 each place it appears and inserting 2050; and

(2) by striking shall be 100 percent each place it appears and inserting shall be up to 100 percent, as determined by the State.

SEC. 15002. Appalachian regional development program.

(a) High-speed broadband development initiative.—

(1) IN GENERAL.—Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following:

§ 14509. High-speed broadband deployment initiative

“(a) In general.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—

“(1) to increase affordable access to broadband networks throughout the Appalachian region;

“(2) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region;

“(3) to provide technology assets, including computers, smartboards, and video projectors to educational systems throughout the Appalachian region;

“(4) to increase distance learning opportunities throughout the Appalachian region;

“(5) to increase the use of telehealth technologies in the Appalachian region; and

“(6) to promote e-commerce applications in the Appalachian region.

“(b) Limitation on available amounts.—Of the cost of any activity eligible for a grant under this section—

“(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and

“(2) notwithstanding paragraph (1)—

“(A) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts appropriated to carry out this section; and

“(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.

“(c) Sources of assistance.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—

“(1) under any other Federal program; or

“(2) from any other source.

“(d) Federal share.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.”.

(2) CONFORMING AMENDMENT.—The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14508 the following:


“14509. High-speed broadband deployment initiative.”.

(b) Authorization of appropriations.—Section 14703 of title 40, United States Code, is amended—

(1) in subsection (a)(5), by striking fiscal year 2012 and inserting each of fiscal years 2012 through 2021;

(2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(3) by inserting after subsection (b) the following:

“(c) High-speed broadband deployment initiative.—Of the amounts made available under subsection (a), $10,000,000 shall be used to carry out section 14509 for each of fiscal years 2016 through 2021.”.

(c) Termination.—Section 14704 of title 40, United States Code, is amended by striking 2012 and inserting 2021.

(d) Effective date.—This section and the amendments made by this section take effect on October 1, 2015.

SEC. 15003. Water infrastructure finance and innovation.

Section 3907(a) of title 33, United States Code, is amended—

(1) by striking paragraph (5); and

(2) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.

SEC. 15004. 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. 15005. Study on performance of bridges.

(a) In general.—Subject to subsection (c), the Administrator of the Federal Highway Administration (referred to in this section as the Administrator) shall commission the Transportation Research Board of the National Academy of Sciences to conduct a study on the performance of bridges that received funding under the innovative bridge research and construction program (referred to in this section as the program) under section 503(b) of title 23, United States Code (as in effect on the day before the date of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)) in meeting the goals of that program, which included—

(1) the development of new, cost-effective innovative material highway bridge applications;

(2) the reduction of maintenance costs and lifecycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;

(3) the development of construction techniques to increase safety and reduce construction time and traffic congestion;

(4) the development of engineering design criteria for innovative products and materials for use in highway bridges and structures;

(5) the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic;

(6) the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and

(7) the development of new nondestructive bridge evaluation technologies and techniques.

(b) Contents.—The study commissioned under subsection (a) shall include—

(1) an analysis of the performance of bridges that received funding under the program in meeting the goals described in paragraphs (1) through (7) of subsection (a);

(2) an analysis of the utility, compared to conventional materials and technologies, of each of the innovative materials and technologies used in projects for bridges under the program in meeting the needs of the United States in 2015 and in the future for a sustainable and low lifecycle cost transportation system;

(3) recommendations to Congress on how the installed and lifecycle costs of bridges could be reduced through the use of innovative materials and technologies, including, as appropriate, any changes in the design and construction of bridges needed to maximize the cost reductions; and

(4) a summary of any additional research that may be needed to further evaluate innovative approaches to reducing the installed and lifecycle costs of highway bridges.

(c) Public comment.—Before commissioning the study under subsection (a), the Administrator shall provide an opportunity for public comment on the study proposal.

(d) Data from States.—Each State that received funds under the program shall provide to the Transportation Research Board any relevant data needed to carry out the study commissioned under subsection (a).

(e) Deadline.—The Administrator shall submit to Congress the study commissioned under subsection (a) not later than 3 years after the date of enactment of this Act.

SEC. 15006. Sport fish restoration and recreational boating safety.

Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c), as amended by section 73103, is amended—

(1) in subsection (a), in the matter preceding paragraph (1) by striking 2015 and inserting 2021; and

(2) in subsection (b)(1)(A) by striking 2015 and inserting 2021.

SEC. 21001. Short title.

This title may be cited as the Federal Public Transportation Act of 2015.

SEC. 21002. Definitions.

Section 5302 of title 49, United States Code, is amended—

(1) in paragraph (1)(E), by striking bicycle storage facilities and installing equipment and inserting bicycle storage shelters and parking facilities and the installation of equipment;

(2) in paragraph (3)—

(A) by striking subparagraph (F) and inserting the following:

“(F) leasing equipment or a facility for use in public transportation;”;

(B) in subparagraph (G)—

(i) in clause (iv), by adding and at the end;

(ii) in clause (v), by striking and at the end; and

(iii) by striking clause (vi);

(C) in subparagraph (K), by striking or at the end;

(D) in subparagraph (L), by striking the period at the end and inserting a semicolon; and

(E) by adding at the end the following:

“(M) associated transit improvements; or

“(N) technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities.”; and

(3) by adding at the end the following:

“(24) VALUE CAPTURE.—The term value capture means recovering the increased value to property located near public transportation resulting from investments in public transportation.”.

SEC. 21003. Metropolitan transportation planning.

Section 5303 of title 49, United States Code, is amended—

(1) in subsection (a)(1), by inserting resilient after development of;

(2) in subsection (c)(2), by striking and bicycle transportation facilities and inserting , bicycle transportation facilities, intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities, and commuter vanpool providers;

(3) in subsection (d)—

(A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;

(B) by inserting after paragraph (2) the following:

“(3) REPRESENTATION.—

“(A) IN GENERAL.—Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.

“(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.

“(C) POWERS OF CERTAIN OFFICIALS.—An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2)(B).”; and

(C) in paragraph (5), as so redesignated, by striking paragraph (5) and inserting paragraph (6);

(4) in subsection (e)(4)(B), by striking subsection (d)(5) and inserting subsection (d)(6);

(5) in subsection (g)(3)(A), by inserting natural disaster risk reduction, after environmental protection,;

(6) in subsection (h)(1)—

(A) in subparagraph (G), by striking and at the end;

(B) in subparagraph (H), by striking the period at the end and inserting ; and; and

(C) by adding at the end the following:

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

(7) in subsection (i)—

(A) in paragraph (2)—

(i) in subparagraph (A)(i), by striking transit and inserting public transportation facilities, intercity bus facilities;

(ii) in subparagraph (G)—

(I) by striking and provide and inserting , provide; and

(II) by inserting before the period at the end the following: , and reduce vulnerability due to natural disasters of the existing transportation infrastructure; and

(iii) in subparagraph (H), by inserting before the period at the end the following: , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated;

(B) in paragraph (6)(A)—

(i) by inserting public ports, before freight shippers; and

(ii) by inserting (including intercity bus operators and commuter vanpool providers) after private providers of transportation; and

(C) in paragraph (8), by striking paragraph (2)(C) each place that term appears and inserting paragraph (2)(E);

(8) in subsection (j)(5)(A), by striking subsection (k)(4) and inserting subsection (k)(3);

(9) in subsection (k)—

(A) by striking paragraph (3); and

(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;

(10) in subsection (l)—

(A) in paragraph (1), by adding a period at the end; and

(B) in paragraph (2)(D), by striking of less than 200,000 and inserting with a population of 200,000 or less;

(11) by striking subsection (n);

(12) by redesignating subsections (o), (p), and (q) as subsections (n), (o), and (p), respectively;

(13) in subsection (o), as so redesignated, by striking set aside under section 104(f) of title 23 and inserting apportioned under paragraphs (5)(D) and (6) of section 104(b) of title 23; and

(14) by adding at the end the following:

“(q) Treatment of Lake Tahoe Region.—

“(1) DEFINITION OF LAKE TAHOE REGION.—In this subsection, the term Lake Tahoe Region has the meaning given the term region in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).

“(2) TREATMENT.—For purposes of this title, the Lake Tahoe Region shall be treated as—

“(A) a metropolitan planning organization;

“(B) a transportation management area under subsection (k); and

“(C) an urbanized area, which is comprised of—

“(i) a population of 145,000 and 25 square miles of land area in the State of California; and

“(ii) a population of 65,000 and 12 square miles of land area in the State of Nevada.”.

SEC. 21004. Statewide and nonmetropolitan transportation planning.

(a) In general.—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, intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities, and commuter vanpool providers;

(2) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (G), by striking and at the end;

(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 areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and and inserting areas; and

(ii) in subparagraph (C)—

(I) by striking title 23 and inserting this chapter; and

(II) by striking urbanized areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and and inserting areas;

(3) in subsection (e)(1)—

(A) by striking 'In and inserting In; and

(B) by striking subsection (l) and inserting subsection (k);

(4) in subsection (f)—

(A) in paragraph (2)(B)(i), by striking subsection (l) and inserting subsection (k);

(B) in paragraph (3)(A)—

(i) in clause (i), by striking subsection (l) and inserting subsection (k); and

(ii) in clause (ii), by inserting (including intercity bus operators and commuter vanpool providers) after private providers of transportation;

(C) in paragraph (7), in the matter preceding subparagraph (A), by striking should and inserting shall; and

(D) in paragraph (8), by inserting , including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated before the period at the end;

(5) in subsection (g)—

(A) in paragraph (2)(B)(i), by striking subsection (l) and inserting subsection (k);

(B) in paragraph (3)—

(i) by inserting public ports, before freight shippers; and

(ii) by inserting (including intercity bus operators) after private providers of transportation; and

(C) in paragraph (6)(A), by striking subsection (l) and inserting subsection (k);

(6) by striking subsection (i); and

(7) by redesignating subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively.

(b) Conforming amendment.—Section 5303(b)(5) of title 49, United States Code, is amended by striking section 5304(l) and inserting section 5304(k).

SEC. 21005. Urbanized area formula grants.

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

(1) in subsection (a)—

(A) in paragraph (2), by inserting or general public demand response service before during each place that term appears; and

(B) by adding at the end the following:

“(3) EXCEPTION TO SPECIAL RULE.—Notwithstanding paragraph (2), if a public transportation system described in that paragraph executes a written agreement with 1 or more other public transportation systems within the urbanized area to allocate funds for the purposes described in that paragraph by a method other than by measuring vehicle revenue hours, each public transportation system that is a party to the written agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in that paragraph.

“(4) TEMPORARY AND TARGETED ASSISTANCE.—

“(A) ELIGIBILITY.—The Secretary may make a grant under this section to finance the operating cost of equipment and facilities to a recipient for use in public transportation in an area that the Secretary determines has—

“(i) a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census; and

“(ii) a 3-month unemployment rate, as reported by the Bureau of Labor Statistics, that is—

“(I) greater than 7 percent; and

“(II) at least 2 percentage points greater than the lowest 3-month unemployment rate for the area during the 5-year period preceding the date of the determination.

“(B) AWARD OF GRANT.—

“(i) IN GENERAL.—Except as otherwise provided in this subparagraph, the Secretary may make a grant under this paragraph for not more than 2 consecutive fiscal years.

“(ii) ADDITIONAL YEAR.—If, at the end of the second fiscal year following the date on which the Secretary makes a determination under subparagraph (A) with respect to an area, the Secretary determines that the 3-month unemployment rate for the area is at least 2 percentage points greater than the unemployment rate for the area at the time the Secretary made the determination under subparagraph (A), the Secretary may make a grant to a recipient in the area for 1 additional consecutive fiscal year.

“(iii) EXCLUSION PERIOD.—Beginning on the last day of the last consecutive fiscal year for which a recipient receives a grant under this paragraph, the Secretary may not make a subsequent grant under this paragraph to the recipient for a number of fiscal years equal to the number of consecutive fiscal years in which the recipient received a grant under this paragraph.

“(C) LIMITATION.—

“(i) FIRST FISCAL YEAR.—For the first fiscal year following the date on which the Secretary makes a determination under subparagraph (A) with respect to an area, not more than 25 percent of the amount apportioned to a designated recipient under section 5336 for the fiscal year shall be available for operating assistance for the area.

“(ii) SECOND AND THIRD FISCAL YEARS.—For the second and third fiscal years following the date on which the Secretary makes a determination under subparagraph (A) with respect to an area, not more than 20 percent of the amount apportioned to a designated recipient under section 5336 for the fiscal year shall be available for operating assistance for the area.

“(D) PERIOD OF AVAILABILITY FOR OPERATING ASSISTANCE.—Operating assistance awarded under this paragraph shall be available for expenditure to a recipient in an area until the end of the second fiscal year following the date on which the Secretary makes a determination under subparagraph (A) with respect to the area, after which time any unexpended funds shall be available to the recipient for other eligible activities under this section.

“(E) CERTIFICATION.—The Secretary may make a grant for operating assistance under this paragraph for a fiscal year only if the recipient certifies that—

“(i) the recipient will maintain public transportation service levels at or above the current service level, which shall be demonstrated by providing an equal or greater number of vehicle hours of service in the fiscal year than the number of vehicle hours of service provided in the preceding fiscal year;

“(ii) any non-Federal entity that provides funding to the recipient, including a State or local governmental entity, will maintain the tax rate or rate of allocations dedicated to public transportation at or above the rate for the preceding fiscal year;

“(iii) the recipient has allocated the maximum amount of funding under this section for preventive maintenance costs eligible as a capital expense necessary to maintain the level and quality of service provided in the preceding fiscal year; and

“(iv) the recipient will not use funding under this section for new capital assets except as necessary for the existing system to maintain or achieve a state of good repair, assure safety, or replace obsolete technology.”; and

(2) in subsection (c)(1)—

(A) in subparagraph (C), by inserting in a state of good repair after equipment and facilities;

(B) in subparagraph (J), by adding and at the end;

(C) by striking subparagraph (K); and

(D) by redesignating subparagraph (L) as subparagraph (K).

SEC. 21006. Fixed guideway capital investment grants.

(a) In general.—Section 5309 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3), by striking and weekend days;

(B) in paragraph (6)—

(i) in subparagraph (A), by inserting , small start projects, after new fixed guideway capital projects; and

(ii) by striking subparagraph (B) and inserting the following:

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

(C) in paragraph (7)—

(i) in subparagraph (A), by striking $75,000,000 and inserting $100,000,000; and

(ii) in subparagraph (B), by striking $250,000,000 and inserting $300,000,000;

(2) in subsection (d)—

(A) in paragraph (1)(B), by striking , policies and land use patterns that promote public transportation,; and

(B) in paragraph (2)(A)—

(i) in clause (iii), by adding and at the end;

(ii) by striking clause (iv); and

(iii) by redesignating clause (v) as clause (iv);

(3) in subsection (g)(2)(A)(i), by striking , the policies and land use patterns that support public transportation,;

(4) in subsection (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;”; and

(iii) in subparagraph (F), by inserting or (h)(5), as applicable after subsection (f); and

(C) in paragraph (3), by striking subparagraph (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.”; and

(5) by adding at the end the following:

“(p) Joint public transportation and intercity passenger rail projects.—

“(1) IN GENERAL.—The Secretary may make grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.

“(2) ELIGIBLE COSTS.—Eligible costs for a project under this subsection shall be limited to the net capital costs of the public transportation costs attributable to the project based on projected use of the new segment or expanded capacity of the project corridor, not including project elements designed to achieve or maintain a state of good repair, as determined by the Secretary under paragraph (4).

“(3) PROJECT JUSTIFICATION AND LOCAL FINANCIAL COMMITMENT.—A project under this subsection shall be evaluated for project justification and local financial commitment under subsections (d), (e), (f), and (h), as applicable to the project, based on—

“(A) the net capital costs of the public transportation costs attributable to the project as determined under paragraph (4); and

“(B) the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project.

“(4) CALCULATION OF NET CAPITAL PROJECT COST.—The Secretary shall estimate the net capital costs of a project under this subsection based on—

“(A) engineering studies;

“(B) studies of economic feasibility;

“(C) the expected use of equipment or facilities; and

“(D) the public transportation costs attributable to the project.

“(5) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.—

“(A) GOVERNMENT SHARE.—The Government share shall not exceed 80 percent of the net capital cost attributable to the public transportation costs of a project under this subsection as determined under paragraph (4).

“(B) NON-GOVERNMENT SHARE.—The remainder of the net capital cost attributable to the public transportation costs of a project under this subsection shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”.

(b) Expedited project delivery for capital investment grants pilot program.—

(1) DEFINITIONS.—In this subsection, the following definitions shall apply:

(A) APPLICANT.—The term applicant means a State or local governmental authority that applies for a grant under this subsection.

(B) CAPITAL PROJECT; FIXED GUIDEWAY; LOCAL GOVERNMENTAL AUTHORITY; PUBLIC TRANSPORTATION; STATE; STATE OF GOOD REPAIR.—The terms capital project, fixed guideway, local governmental authority, public transportation, State, and state of good repair have the meanings given those terms in section 5302 of title 49, United States Code.

(C) CORE CAPACITY IMPROVEMENT PROJECT.—The term core capacity improvement project

(i) means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent; and

(ii) may include project elements designed to aid the existing fixed guideway system in making substantial progress towards achieving a state of good repair.

(D) CORRIDOR-BASED BUS RAPID TRANSIT PROJECT.—The term corridor-based bus rapid transit project means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems—

(i) including—

(I) defined stations;

(II) traffic signal priority for public transportation vehicles;

(III) short headway bidirectional services for a substantial part of weekdays; and

(IV) any other features the Secretary may determine support a long-term corridor investment; and

(ii) the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.

(E) ELIGIBLE PROJECT.—The term eligible project means a new fixed guideway capital project, a small start project, or a core capacity improvement project that has not entered into a full funding grant agreement with the Federal Transit Administration before the date of enactment of this Act.

(F) FIXED GUIDEWAY BUS RAPID TRANSIT PROJECT.—The term fixed guideway bus rapid transit project means a bus capital project—

(i) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;

(ii) that represents a substantial investment in a single route in a defined corridor or subarea; and

(iii) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—

(I) defined stations;

(II) traffic signal priority for public transportation vehicles;

(III) short headway bidirectional services for a substantial part of weekdays and weekend days; and

(IV) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.

(G) NEW FIXED GUIDEWAY CAPITAL PROJECT.—The term new fixed guideway capital project means—

(i) a fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or

(ii) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.

(H) RECIPIENT.—The term recipient means a recipient of funding under chapter 53 of title 49, United States Code.

(I) SMALL START PROJECT.—The term small start project means a new fixed guideway capital project, a fixed guideway bus rapid transit project, or a corridor-based bus rapid transit project for which—

(i) the Federal assistance provided or to be provided under this subsection is less than $75,000,000; and

(ii) the total estimated net capital cost is less than $300,000,000.

(2) GENERAL AUTHORITY.—The Secretary may make grants under this subsection to States and local governmental authorities to assist in financing—

(A) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for projects in the advanced stages of planning and design; and

(B) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by not less than 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.

(3) GRANT REQUIREMENTS.—

(A) IN GENERAL.—The Secretary may make not more than 10 grants under this subsection for an eligible project if the Secretary determines that—

(i) the eligible project is part of an approved transportation plan required under sections 5303 and 5304 of title 49, United States Code;

(ii) the applicant has, or will have—

(I) the legal, financial, and technical capacity to carry out the eligible project, including the safety and security aspects of the eligible project;

(II) satisfactory continuing control over the use of the equipment or facilities;

(III) the technical and financial capacity to maintain new and existing equipment and facilities; and

(IV) advisors providing guidance to the applicant on the terms and structure of the project that are independent from investors in the project;

(iii) the eligible project is supported, or will be supported, in part, through a public-private partnership, provided such support is determined by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;

(iv) the eligible project is justified based on findings presented by the project sponsor to the Secretary, including—

(I) mobility improvements attributable to the project;

(II) environmental benefits associated with the project;

(III) congestion relief associated with the project;

(IV) economic development effects derived as a result of the project; and

(V) estimated ridership projections; and

(v) the eligible project is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources).

(B) CERTIFICATION.—An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(c)(1) of title 49, United States Code, shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this paragraph.

(C) TECHNICAL CAPACITY.—The Secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed not less than 1 new fixed guideway capital project, small start project, or core capacity improvement project, if—

(i) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and

(ii) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.

(D) FINANCIAL COMMITMENT.—

(i) REQUIREMENTS.—In determining whether an eligible project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subparagraph (A)(v), the Secretary shall require that—

(I) each proposed source of capital and operating financing is stable, reliable, and available within the proposed eligible project timetable; and

(II) resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary, without degradation to the existing level of public transportation services.

(ii) CONSIDERATIONS.—In assessing the stability, reliability, and availability of proposed sources of financing under clause (i), the Secretary shall consider—

(I) the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors to the applicant;

(II) existing grant commitments;

(III) the degree to which financing sources are dedicated to the proposed eligible project;

(IV) any debt obligation that exists or is proposed by the applicant, for the proposed eligible project or other public transportation purpose; and

(V) private contributions to the eligible project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.

(E) LABOR STANDARDS.—The requirements under section 5333 of title 49, United States Code, shall apply to each recipient of a grant under this subsection.

(4) PROJECT ADVANCEMENT.—An applicant that desires a grant under this subsection and meets the requirements of paragraph (3) shall submit to the Secretary, and the Secretary shall approve for advancement, a grant request that contains—

(A) identification of an eligible project;

(B) a schedule and finance plan for the construction and operation of the eligible project;

(C) an analysis of the efficiencies of the proposed eligible project development and delivery methods and innovative financing arrangement for the eligible project, including any documents related to the—

(i) public-private partnership required under paragraph (3)(A)(iii); and

(ii) project justification required under paragraph (3)(A)(iv); and

(D) a certification that the existing public transportation system of the applicant or, in the event that the applicant does not operate a public transportation system, the public transportation system to which the proposed project will be attached, is in a state of good repair.

(5) WRITTEN NOTICE FROM THE SECRETARY.—

(A) IN GENERAL.—Not later than 120 days after the date on which the Secretary receives a grant request of an applicant under paragraph (4), the Secretary shall provide written notice to the applicant—

(i) of approval of the grant request; or

(ii) if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant request, including a detailed explanation of the reasons for the disapproval.

(B) CONCURRENT NOTICE.—The Secretary shall provide concurrent notice of an approval or disapproval of a grant request under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(6) WAIVER.—The Secretary may grant a waiver to an applicant that does not comply with paragraph (4)(D) if—

(A) the eligible project meets the definition of a core capacity improvement project; and

(B) the Secretary certifies that the eligible project will allow the applicant to make substantial progress in achieving a state of good repair.

(7) SELECTION CRITERIA.—The Secretary may enter into a full funding grant agreement with an applicant under this subsection for an eligible project for which an application has been submitted and approved for advancement by the Secretary under paragraph (4), only if the applicant has completed the planning and activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(8) LETTERS OF INTENT AND FULL FUNDING GRANT AGREEMENTS.—

(A) LETTERS OF INTENT.—

(i) AMOUNTS INTENDED TO BE OBLIGATED.—The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for an eligible project under this subsection, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the eligible project. When a letter is issued for an eligible project under this subsection, the amount shall be sufficient to complete at least an operable segment.

(ii) TREATMENT.—The issuance of a letter under clause (i) is deemed not to be an obligation under section 1108(c), 1501, or 1502(a) of title 31, United States Code, or an administrative commitment.

(B) FULL FUNDING GRANT AGREEMENTS.—

(i) IN GENERAL.—Except as provided in clause (v), an eligible project shall be carried out under this subsection through a full funding grant agreement.

(ii) CRITERIA.—The Secretary shall enter into a full funding grant agreement, based the requirements of this subparagraph, with each applicant receiving assistance for an eligible project that has received a written notice of approval under paragraph (5)(A)(i).

(iii) TERMS.—A full funding grant agreement shall—

(I) establish the terms of participation by the Federal Government in the eligible project;

(II) establish the maximum amount of Federal financial assistance for the eligible project;

(III) include the period of time for completing construction of the eligible project, consistent with the terms of the public-private partnership agreement, even if that period extends beyond the period of an authorization; and

(IV) make timely and efficient management of the eligible project easier according to the law of the United States.

(iv) SPECIAL FINANCIAL RULES.—

(I) IN GENERAL.—A full funding grant agreement under this subparagraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this subparagraph, to obligate an additional amount from future available budget authority specified in law.

(II) STATEMENT OF CONTINGENT COMMITMENT.—A full funding grant agreement shall state that the contingent commitment is not an obligation of the Federal Government.

(III) INTEREST AND OTHER FINANCING COSTS.—Interest and other financing costs of efficiently carrying out a part of the eligible project within a reasonable time are a cost of carrying out the eligible project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(IV) COMPLETION OF OPERABLE SEGMENT.—The amount stipulated in an agreement under this subparagraph for a new fixed guideway capital project, core capacity improvement project, or small start project shall be sufficient to complete at least an operable segment.

(v) EXCEPTION.—

(I) IN GENERAL.—The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection for a small start project in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.

(II) TERMS OF EXPEDITED GRANT AGREEMENTS.—In executing an expedited grant agreement under this clause, the Secretary may include in the agreement terms similar to those established under clause (iii).

(C) LIMITATION ON AMOUNTS.—

(i) IN GENERAL.—The Secretary may enter into full funding grant agreements under this paragraph for eligible projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.

(ii) APPROPRIATION REQUIRED.—An obligation may be made under this paragraph only when amounts are appropriated for obligation.

(D) NOTIFICATION TO CONGRESS.—

(i) IN GENERAL.—Not later than 30 days before the date on which the Secretary issues a letter of intent or enters into a full funding grant agreement for an eligible project under this paragraph, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter of intent or full funding grant agreement.

(ii) CONTENTS.—The written notification under clause (i) shall include a copy of the proposed letter of intent or full funding grant agreement for the eligible project.

(9) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.—

(A) IN GENERAL.—A grant for an eligible project shall not exceed 25 percent of the net capital project cost.

(B) REMAINDER OF NET CAPITAL PROJECT COST.—The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(C) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 75 percent of the net capital project cost.

(D) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addition to amounts allowed pursuant to subparagraph (A), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by the Federal Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Federal Government is made at the same time.

(E) FAILURE TO CARRY OUT PROJECT.—If an applicant does not carry out an eligible project for reasons within the control of the applicant, the applicant shall repay all Federal funds awarded for the eligible project from all Federal funding sources, for all eligible project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law.

(F) CREDITING OF FUNDS RECEIVED.—Any funds received by the Federal Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.

(10) AVAILABILITY OF AMOUNTS.—

(A) IN GENERAL.—An amount made available for an eligible project shall remain available to that eligible project for 5 fiscal years, including the fiscal year in which the amount is made available. Any amounts that are unobligated to the eligible project at the end of the 5-fiscal-year period may be used by the Secretary for any purpose under this subsection.

(B) USE OF DEOBLIGATED AMOUNTS.—An amount available under this subsection that is deobligated may be used for any purpose under this subsection.

(11) ANNUAL REPORT ON EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes a proposed amount to be available to finance grants for anticipated projects under this subsection.

(12) BEFORE AND AFTER STUDY AND REPORT.—

(A) STUDY REQUIRED.—Each recipient shall conduct a study that—

(i) describes and analyzes the impacts of the eligible project on public transportation services and public transportation ridership;

(ii) describes and analyzes the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods or innovative financing for the eligible project; and

(iii) identifies reasons for any differences between predicted and actual outcomes for the eligible project.

(B) SUBMISSION OF REPORT.—Not later than 2 years after an eligible project that is selected under this subsection begins revenue operations, the recipient shall submit to the Secretary a report on the results of the study conducted under subparagraph (A).

(13) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to—

(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection;

(B) revise the determinations by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;

(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or

(D) alter the eligibilities or priorities for assistance under this subsection or section 5309 of title 49, United States Code.

SEC. 21007. Mobility of seniors and individuals with disabilities.

(a) Coordination of public transportation services with other federally assisted local transportation services.—

(1) DEFINITIONS.—In this subsection—

(A) 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 requirements; and

(B) the term Council means the Interagency Transportation Coordinating Council on Access and Mobility established under Executive Order 13330 (49 U.S.C. 101 note).

(2) COORDINATING COUNCIL ON ACCESS AND MOBILITY STRATEGIC PLAN.—Not later than 2 years after the date of enactment of this Act, the Council shall publish a strategic plan for the Council that—

(A) outlines the role and responsibilities of each Federal agency with respect to local transportation coordination, including non-emergency medical transportation;

(B) identifies a strategy to strengthen interagency collaboration;

(C) addresses any outstanding recommendations made by the Council in the 2005 Report to the President relating to the implementation of Executive Order 13330, including—

(i) a cost-sharing policy endorsed by the Council; and

(ii) recommendations to increase participation by recipients of Federal grants in locally developed, coordinated planning processes; and

(D) to the extent feasible, addresses recommendations by the Comptroller General of the United States concerning local coordination of transportation services.

(3) DEVELOPMENT OF COST-SHARING POLICY IN COMPLIANCE WITH APPLICABLE FEDERAL REQUIREMENTS.—In establishing the cost-sharing policy required under paragraph (2), the Council may consider, to the extent practicable—

(A) the development of recommended strategies for grantees of programs funded by members of the Council, including strategies for grantees of programs that fund non-emergency medical transportation, to use the cost-sharing policy in a manner that does not violate applicable Federal requirements; and

(B) optional incorporation of an allocated cost model to facilitate local coordination efforts that comply with applicable requirements of programs funded by members of the Council, such as—

(i) eligibility requirements;

(ii) service delivery requirements; and

(iii) reimbursement requirements.

(b) Pilot program for innovative coordinated access and mobility.—

(1) DEFINITIONS.—In this subsection—

(A) the term eligible project has the meaning given the term capital project in section 5302 of title 49, United States Code; and

(B) the term eligible recipient means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code.

(2) GENERAL AUTHORITY.—The Secretary may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services, including—

(A) the deployment of coordination technology;

(B) projects that create or increase access to community One-Call/One-Click Centers; and

(C) such other projects as determined by the Secretary.

(3) APPLICATION.—An eligible recipient shall submit to the Secretary an application that, at a minimum, contains—

(A) a detailed description of the eligible project;

(B) an identification of all eligible project partners and their specific role in the eligible project, including—

(i) private entities engaged in the coordination of non-emergency medical transportation services for the transportation disadvantaged; or

(ii) nonprofit entities engaged in the coordination of non-emergency medical transportation services for the transportation disadvantaged;

(C) a description of how the eligible project would—

(i) improve local coordination or access to coordinated transportation services;

(ii) reduce duplication of service, if applicable; and

(iii) provide innovative solutions in the State or community; and

(D) specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes.

(4) GOVERNMENT SHARE OF COSTS.—

(A) IN GENERAL.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.

(B) NON-GOVERNMENT SHARE.—The non-Government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.

(5) RULE OF CONSTRUCTION.—For purposes of this subsection, non-emergency medical transportation services shall be limited to services eligible under Federal programs other than programs authorized under chapter 53 of title 49, United States Code.

(c) Technical correction.—Section 5310(a) of title 49, United States Code, is amended by striking paragraph (1) and inserting the following:

“(1) RECIPIENT.—The term recipient means—

“(A) a designated recipient or a State that receives a grant under this section directly; or

“(B) a State or local governmental entity that operates a public transportation service.”.

SEC. 21008. Formula grants for rural areas.

Section 5311 of title 49, United States Code, is amended—

(1) in subsection (c)(1), as amended by division G, by striking subparagraphs (A) and (B) and inserting the following:

    “(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary.

    “(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).”; and

(2) in subsection (j)(1)—

(A) in subparagraph (A)(iii), by striking (as defined by the Bureau of the Census) and inserting (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census); and

(B) by adding at the end the following:

“(E) ALLOCATION BETWEEN MULTIPLE INDIAN TRIBES.—If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds such that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all the Indian tribes in the Tribal Statistical Area.”.

SEC. 21009. Research, development, demonstration, and deployment program.

(a) In general.—Section 5312 of title 49, United States Code, is amended—

(1) in the section heading, by striking projects and inserting program;

(2) in subsection (a), in the subsection heading, by striking Projects and inserting Program;

(3) in subsection (d)—

(A) in paragraph (3)—

(i) in the matter preceding subparagraph (A), by inserting demonstration, deployment, or evaluation before project that;

(ii) in subparagraph (A), by striking and at the end;

(iii) in subparagraph (B), by striking the period at the end and inserting ; or; and

(iv) by adding at the end the following:

“(C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.”; and

(B) by striking paragraph (5) and inserting the following:

“(5) PROHIBITION.—The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle.

“(6) DEFINITIONS.—In this subsection—

“(A) the term direct carbon emissions means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;

“(B) the term low or no emission vehicle means—

“(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or

“(ii) a zero emission vehicle used to provide public transportation; and

“(C) the term zero emission vehicle means a low or no emission vehicle that produces no carbon or particulate matter.”;

(4) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;

(5) by inserting after subsection (d) the following:

“(e) Low or no emission vehicle component assessment.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term covered institution of higher education means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility designated under paragraph (2)(A);

“(B) the terms direct carbon emissions and low or no emission vehicle have the meanings given those terms in subsection (d)(6);

“(C) the term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and

“(D) the term low or no emission vehicle component means an item that is separately installed in and removable from a low or no emission vehicle.

“(2) ASSESSING LOW OR NO EMISSION VEHICLE COMPONENTS.—

“(A) IN GENERAL.—The Secretary shall designate not more than 2 facilities to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles.

“(B) OPERATION AND MAINTENANCE.—

“(i) IN GENERAL.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, not more than 2 institutions of higher education to each operate and maintain a facility designated under subparagraph (A).

“(ii) REQUIREMENTS.—An institution of higher education described in clause (i) shall have—

“(I) previous experience with transportation-related advanced component and vehicle evaluation;

“(II) laboratories capable of testing and evaluation;

“(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle;

“(IV) extensive knowledge of public-private partnerships in the transportation sector, with emphasis on development and evaluation of materials, products, and components;

“(V) the ability to reduce costs to partners by leveraging existing programs to provide complementary research, development, testing, and evaluation; and

“(VI) the means to conduct performance assessments on low or no emission vehicle components based on industry standards.

“(C) FEES.—A covered institution of higher education shall establish and collect fees, which shall be approved by the Secretary, for the assessment of low or no emission components at the applicable facility designated under subparagraph (A).

“(D) AVAILABILITY OF AMOUNTS TO PAY FOR ASSESSMENT.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, each covered institution of higher education under which—

“(i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility designated under subparagraph (A) from amounts made available to carry out this section; and

“(ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).

“(E) VOLUNTARY TESTING.—A manufacturer of a low or no emission vehicle component is not required to assess the low or no emission vehicle component at a facility designated under subparagraph (A).

“(F) COMPLIANCE WITH SECTION 5318.—Notwithstanding whether a low or no emission vehicle component is assessed at a facility designated under subparagraph (A), each new bus model shall comply with the requirements under section 5318.

“(G) SEPARATE FACILITY.—Each facility designated under subparagraph (A) shall be separate and distinct from the facility operated and maintained under section 5318.

“(3) LOW OR NO EMISSION VEHICLE COMPONENT PERFORMANCE REPORTS.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and annually thereafter, the Secretary shall issue a report on low or no emission vehicle component assessments conducted at each facility designated under paragraph (2)(A), which shall include information related to the maintainability, reliability, performance, structural integrity, efficiency, and noise of those low or no emission vehicle components.

“(4) PUBLIC AVAILABILITY OF ASSESSMENTS.—Each assessment conducted at a facility designated under paragraph (2)(A) shall be made publically available, including to affected industries.

“(5) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to require—

“(A) a low or no emission vehicle component to be tested at a facility designated under paragraph (2)(A); or

“(B) the development or disclosure of a privately funded component assessment.”;

(6) in subsection (f), as so redesignated—

(A) in paragraph (2), by striking and at the end;

(B) by redesignating paragraph (3) as paragraph (4);

(C) by inserting after paragraph (2) the following:

“(3) a list of any projects that returned negative results in the preceding fiscal year and an analysis of such results; and”; and

(D) in paragraph (4), as so redesignated, by inserting before the period at the end the following: based on projects in the pipeline, ongoing projects, and anticipated research efforts necessary to advance certain projects to a subsequent research phase; and

(7) by adding at the end the following:

“(h) Cooperative research program.—

“(1) IN GENERAL.—The Secretary shall establish—

“(A) a public transportation cooperative research program under this subsection; and

“(B) an independent governing board for the program, which shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.

“(2) 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 determines appropriate.

“(3) GOVERNMENT 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.”.

(b) Technical and conforming amendments.—

(1) TITLE 49.—Chapter 53 of title 49, United States Code, is amended by striking section 5313.

(2) TABLE OF SECTIONS AMENDMENT.—The table of sections for chapter 53 of title 49, United States Code, is amended by striking the items relating to sections 5312 and 5313 and inserting the following:


“5312. Research, development, demonstration, and deployment program.

“[5313. Repealed.]”.

SEC. 21010. Private sector participation.

(a) In general.—Section 5315 of title 49, United States Code, is amended by adding at the end the following:

“(d) Rule of construction.—Nothing in this section shall be construed to alter—

“(1) the eligibilities, requirements, or priority for assistance provided under this chapter; or

“(2) the requirements of section 5306(a).”.

(b) MAP–21 technical correction.—Section 20013(d) of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141; 126 Stat. 694) is amended by striking 5307(c) and inserting 5307(b).

SEC. 21011. Innovative procurement.

(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following:

§ 5316. Innovative procurement

“(a) Definition.—In this section, the term grantee means a recipient or subrecipient of assistance under this chapter.

“(b) Cooperative procurement.—

“(1) DEFINITIONS; GENERAL RULES.—

“(A) DEFINITIONS.—In this subsection—

“(i) the term cooperative procurement contract means a contract—

“(I) entered into between a State government or eligible nonprofit and 1 or more vendors; and

“(II) under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;

“(ii) the term eligible nonprofit entity means—

“(I) a nonprofit entity that is not a grantee; or

“(II) a consortium of entities described in subclause (I);

“(iii) the terms lead nonprofit entity and lead procurement agency mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;

“(iv) the term participant means a grantee that participates in a cooperative procurement contract; and

“(v) the term participate means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under this chapter.

“(B) GENERAL RULES.—

“(i) PROCUREMENT NOT LIMITED TO INTRASTATE PARTICIPANTS.—A grantee may participate in a cooperative procurement contract without regard to whether the grantee is located in the same State as the parties to the contract.

“(ii) VOLUNTARY PARTICIPATION.—Participation by grantees in a cooperative procurement contract shall be voluntary.

“(iii) CONTRACT TERMS.—The lead procurement agency or lead nonprofit entity for a cooperative procurement contract shall develop the terms of the contract.

“(iv) DURATION.—A cooperative procurement contract—

“(I) subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;

“(II) may include not more than 3 optional extensions for terms of not more than 1 year each; and

“(III) may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).

“(v) ADMINISTRATIVE EXPENSES.—A lead procurement agency or lead nonprofit entity, as applicable, that enters into a cooperative procurement contract—

“(I) may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and

“(II) with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.

“(2) STATE COOPERATIVE PROCUREMENT SCHEDULES.—

“(A) AUTHORITY.—A State government may enter into a cooperative procurement contract with 1 or more vendors if—

“(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and

“(ii) the State government acts throughout the term of the contract as the lead procurement agency.

“(B) APPLICABILITY OF POLICIES AND PROCEDURES.—In procuring rolling stock and related equipment under a cooperative procurement contract under this subsection, a State government shall comply with the policies and procedures that apply to procurement by the State government when using non-Federal funds, to the extent that the policies and procedures are in conformance with applicable Federal law.

“(3) PILOT PROGRAM FOR NONPROFIT COOPERATIVE PROCUREMENTS.—

“(A) ESTABLISHMENT.—The Secretary shall establish and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by nonprofit entities.

“(B) DESIGNATION.—In carrying out the program under this paragraph, the Secretary shall designate not less than 1 eligible nonprofit entity to enter into a cooperative procurement contract under which the nonprofit entity acts throughout the term of the contract as the lead nonprofit entity.

“(C) NUMBER OF ENTITIES.—The Secretary may designate not more than 3 geographically diverse eligible nonprofit entities under subparagraph (B).

“(D) NOTICE OF INTENT TO PARTICIPATE.—At a time determined appropriate by the lead nonprofit entity, each participant in a cooperative procurement contract under this paragraph shall submit to the lead nonprofit entity a nonbinding notice of intent to participate.

“(c) Leasing arrangements.—

“(1) CAPITAL LEASE DEFINED.—

“(A) IN GENERAL.—In this subsection, the term capital lease means any agreement under which a grantee acquires the right to use rolling stock or related equipment for a specified period of time, in exchange for a periodic payment.

“(B) MAINTENANCE.—A capital lease may require that the lessor provide maintenance of the rolling stock or related equipment covered by the lease.

“(2) PROGRAM TO SUPPORT INNOVATIVE LEASING ARRANGEMENTS.—

“(A) AUTHORITY.—A grantee may use assistance provided under this chapter to enter into a capital lease if—

“(i) the rolling stock or related equipment covered under the lease is eligible for capital assistance under this chapter; and

“(ii) there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.

“(B) GRANTEE REQUIREMENTS.—A grantee that enters into a capital lease shall—

“(i) maintain an inventory of the rolling stock or related equipment acquired under the lease; and

“(ii) maintain on the accounting records of the grantee the liability of the grantee under the lease.

“(C) ELIGIBLE LEASE COSTS.—The costs for which a grantee may use assistance under this chapter, with respect to a capital lease, include—

“(i) the cost of the rolling stock or related equipment;

“(ii) associated financing costs, including interest, legal fees, and financial advisor fees;

“(iii) ancillary costs such as delivery and installation charges; and

“(iv) maintenance costs.

“(D) TERMS.—A grantee shall negotiate the terms of any lease agreement that the grantee enters into.

“(E) APPLICABILITY OF PROCUREMENT REQUIREMENTS.—

“(i) LEASE REQUIREMENTS.—Part 639 of title 49, Code of Federal Regulations, or any successor regulation, and implementing guidance applicable to leasing shall not apply to a capital lease.

“(ii) BUY AMERICA.—The requirements under section 5323(j) shall apply to a capital lease.

“(3) INCENTIVE PROGRAM FOR CAPITAL LEASING OF ROLLING STOCK.—

“(A) AUTHORITY.—The Secretary shall carry out an incentive program for capital leasing of rolling stock (referred to in this paragraph as the program).

“(B) SELECTION OF PARTICIPANTS.—

“(i) IN GENERAL.—The Secretary shall select not less than 6 grantees to participate in the program, which shall be—

“(I) geographically diverse; and

“(II) evenly distributed among grantees in accordance with clause (ii).

“(ii) POPULATION SIZE.—In selecting an even distribution of grantees under clause (i)(II), the Secretary shall select not less than—

“(I) 2 grantees that serve rural areas;

“(II) 2 grantees that serve urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and

“(III) 2 grantees that serve urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census.

“(iii) WAIVER.—The Secretary may waive a requirement under clause (ii) if an insufficient number of eligible grantees of a particular population size apply to participate in the program.

“(C) PARTICIPANT REQUIREMENTS.—

“(i) IN GENERAL.—A grantee that participates in the program shall—

“(I) enter into a capital lease for a period of not less than 5 years; and

“(II) replace not less than 14 of the grantee's fleet through the capital lease.

“(ii) VEHICLE REQUIREMENTS.—The vehicles replaced under clause (i)(II), with respect to the fleet as constituted on the day before the date on which the capital lease is entered into, shall—

“(I) be the oldest vehicles in the fleet; or

“(II) produce the highest quantity of direct greenhouse gas emissions relative to the other vehicles in the fleet, as determined by the Administrator of the Environmental Protection Agency.

“(iii) WAIVER OF FEDERAL INTEREST REQUIREMENTS.—If a grantee participating in the program seeks to replace vehicles that have a remaining Federal interest, the Secretary shall—

“(I) evaluate the economic and environmental benefits of waiving the Federal interest, as demonstrated by the grantee;

“(II) if the grantee demonstrates a net economic or environmental benefit, grant an early disposition of the vehicles; and

“(III) publish each evaluation and final determination of the Secretary under this clause in a conspicuous location on the website of the Federal Transit Administration.

“(D) PARTICIPANT BENEFIT.—During the period during which a capital lease described in subparagraph (C)(i)(I), entered into by a grantee participating in the program, is in effect, the limit on the Government share of operating expenses under subsection (d)(2) of section 5307, subsection (d)(2) of section 5310, or subsection (g)(2) of section 5311 shall not apply with respect to any grant awarded to the grantee under the applicable section.

“(E) REPORTING REQUIREMENT.—Not later than 3 years after the date on which a grantee enters into a capital lease under the program, the grantee shall submit to the Secretary a report that contains—

“(i) an evaluation of the overall costs and benefits of leasing rolling stock;

“(ii) a cost comparison of leasing versus buying rolling stock;

“(iii) a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock; and

“(iv) a projected budget showing the changes in overall operating and capital expenses due to the capital lease that the grantee entered into under the program.

“(4) INCENTIVE PROGRAM FOR CAPITAL LEASING OF CERTAIN ZERO EMISSION VEHICLE COMPONENTS.—

“(A) DEFINITIONS.—In this paragraph—

“(i) the term removable power source

“(I) means a power source that is separately installed in, and removable from, a zero emission vehicle; and

“(II) may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and

“(ii) the term zero emission vehicle has the meaning given the term in section 5339(c).

“(B) LEASED POWER SOURCES.—Notwithstanding any other provision of law, for purposes of this subsection, the cost of a removable power source that is necessary for the operation of a zero emission vehicle shall not be treated as part of the cost of the vehicle if the removable power source is acquired using a capital lease.

“(C) ELIGIBLE CAPITAL LEASE.—A grantee may acquire a removable power source by itself through a capital lease.”.

(b) Technical and conforming amendments.—

(1) TABLE OF SECTIONS.—The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5315 the following:


“5316. Innovative procurement.”.

(2) CONFORMING AMENDMENT.—Section 5325(e)(2) of title 49, United States Code, is amended by inserting after this subsection the following: , section 5316,.

SEC. 21012. Human resources and training.

Section 5322 of title 49, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1), in the paragraph heading, by striking Program established and inserting In general;

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

“(2) PROGRAMS.—A program eligible for assistance under subsection (a) shall—

“(A) provide skills training, on-the-job training, and work-based learning;

“(B) offer career pathways that support the movement from initial or short-term employment opportunities to sustainable careers;

“(C) address current or projected workforce shortages;

“(D) replicate successful workforce development models; or

“(E) respond to such other workforce needs as the Secretary determines appropriate.”;

(D) in paragraph (3), as so redesignated—

(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) give priority to minorities, women, individuals with disabilities, veterans, low-income populations, and other underserved populations.”; and

(E) by adding at the end the following:

“(4) COORDINATION.—A recipient of assistance under this subsection shall—

“(A) identify the workforce needs and commensurate training needs at the local level 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), university transportation centers, community colleges, and community-based organizations representing minorities, women, disabled individuals, veterans, and low-income populations; and

“(B) to the extent practicable, conduct local training programs in coordination with existing local training programs supported by the Secretary, the Department of Labor (including registered apprenticeship programs), and the Department of Education.

“(5) 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—

“(A) the impact on reducing public transportation workforce shortages in the area served;

“(B) the diversity of training participants;

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

“(D) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and

“(E) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program.”; and

(2) in subsection (d), by striking paragraph (4) and inserting the following:

“(4) USE FOR TECHNICAL ASSISTANCE.—The Secretary may use not more than 1 percent of the amounts made available to carry out this section to provide technical assistance for activities and programs developed, conducted, and overseen under this subsection.

“(5) AVAILABILITY OF AMOUNTS.—

“(A) IN GENERAL.—Not more than 0.5 percent of the amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditure by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.

“(B) EXISTING PROGRAMS.—A recipient may use amounts made available under paragraph (A) to carry out existing local education and training programs for public transportation employees supported by the Secretary, the Department of Labor, or the Department of Education.”.

SEC. 21013. General provisions.

Section 5323 of title 49, United States Code, is amended—

(1) in subsection (j)—

(A) in paragraph (2), by striking subparagraph (C) and inserting the following:

“(C) when procuring rolling stock (including train control, communication, and traction power equipment, and rolling stock prototypes) under this chapter—

“(i) the cost of components and subcomponents produced in the United States—

“(I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;

“(II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and

“(III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and

“(ii) final assembly of the rolling stock has occurred in the United States; or”;

(B) by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively;

(C) by inserting after paragraph (4) the following:

“(5) ROLLING STOCK FRAMES OR CAR SHELLS.—In carrying out paragraph (2)(C) in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000, if rolling stock frames or car shells are not produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of steel or iron used in the rolling stock frames or car shells if—

“(A) all manufacturing processes for the steel or iron occur in the United States; and

“(B) the amount of steel or iron used in the rolling stock frames or car shells is significant.

“(6) CERTIFICATION OF DOMESTIC SUPPLY AND DISCLOSURE.—

“(A) CERTIFICATION OF DOMESTIC SUPPLY.—If the Secretary denies an application for a waiver under paragraph (2), the Secretary shall provide to the applicant a written certification that—

“(i) the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the item) is produced in the United States in a sufficient and reasonably available amount;

“(ii) the item produced in the United States is of a satisfactory quality; and

“(iii) includes a list of known manufacturers in the United States from which the item can be obtained.

“(B) DISCLOSURE.—The Secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the Department of Transportation.”;

(D) in paragraph (8), as so redesignated, by striking Federal Public Transportation Act of 2012 and inserting Federal Public Transportation Act of 2015; and

(E) by inserting after paragraph (11), as so redesignated, the following:

“(12) PRODUCTION IN UNITED STATES.—For purposes of this subsection, steel and iron may be considered produced in the United States if all the manufacturing processes, except metallurgical processes involving refinement of steel additives, took place in the United States.

“(13) DEFINITION OF SMALL PURCHASE.—For purposes of determining whether a purchase qualifies for a general public interest waiver under paragraph (2)(A) of this subsection, including under any regulation promulgated under that paragraph, the term small purchase means a purchase of not more than $150,000.”;

(2) in subsection (q)(1), by striking the second sentence; and

(3) by adding at the end the following:

“(s) Value capture revenue eligible for local share.—Notwithstanding any other provision of law, a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter.

“(t) Value engineering.—Nothing in this chapter shall be construed to authorize the Secretary to mandate the use of value engineering in projects funded under this chapter.”.

SEC. 21014. Project management oversight.

Section 5327 of title 49, United States Code, is amended—

(1) in subsection (c), by striking section 5338(i) and inserting section 5338(h); and

(2) in subsection (d)—

(A) in paragraph (1)—

(i) by striking section 5338(i) and inserting section 5338(h); and

(ii) by striking and at the end; and

(B) by striking paragraph (2) and inserting the following:

“(2) a requirement that oversight—

“(A) begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and

“(B) be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has, for 2 consecutive quarterly reviews, failed to meet the requirements of such plan and the project is at risk of going over budget or becoming behind schedule; and

“(3) a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).”.

SEC. 21015. Public transportation safety program.

(a) In general.—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; and

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

(2) in subsection (f)(2), by inserting after public transportation system of a recipient the following: or the public transportation industry generally; and

(3) in subsection (g)(1), in the matter preceding subparagraph (A), by striking an eligible State, as defined in subsection (e), and inserting a recipient.

(b) 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 commence a review of the safety standards and protocols used in rail fixed guideway 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 with local emergency responders having jurisdiction over a rail fixed guideway public transportation system, including—

(aa) emergency preparedness training, drills, and familiarization programs for those 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) vehicle safety standards, practices, or protocols in use by public transportation systems, concerning—

(I) bus design and the workstation of bus operators, as it relates to—

(aa) the reduction of blindspots that contribute to accidents involving pedestrians; and

(bb) protecting bus operators from the risk of assault; and

(II) scheduling fixed route bus service with adequate time and access for operators to use restroom facilities.

(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 Federal minimum public transportation safety standards, including—

(A) standards governing worker safety;

(B) standards for the operation of signals, track, on-track equipment, mechanical systems, and control systems; and

(C) any other areas the Secretary, in consultation with the public transportation industry, determines require further evaluation.

(3) REPORT.—Upon completing the review and evaluation required under paragraphs (1) and (2), respectively, and not later than 1 year after the date of enactment of this Act, 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 of House of Representatives 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 legislative changes where applicable; and

(D) actions that the Secretary will take to address the recommendations provided under subparagraph (C), including, if necessary, the establishment of Federal minimum public transportation safety standards.

SEC. 21016. State of good repair grants.

Section 5337 of title 49, United States Code, is amended—

(1) in subsection (c)—

(A) by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—Of the amount authorized or made available for a fiscal year under section 5338(a)(2)(L)—

“(A) $100,000,000 shall be made available in accordance with this subsection; and

“(B) 97.15 percent of the remainder shall be apportioned to recipients in accordance with this subsection.”; and

(B) in paragraph (2)(B), by inserting the provisions of before section 5336(b)(1);

(2) in subsection (d)—

(A) in paragraph (2), by striking section 5338(a)(2)(I), 2.85 percent and inserting section 5338(a)(2)(L), the remainder after the application of subsection (c)(1); and

(B) by adding at the end the following:

“(5) USE OF FUNDS.—Amounts apportioned under this subsection may be used for any project that is an eligible project under subsection (b)(1).”; and

(3) by adding at the end the following:

“(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 costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”.

SEC. 21017. Authorizations.

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

§ 5338. Authorizations

“(a) Grants.—

“(1) IN GENERAL.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5322(b), 5322(d), 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012, and section 21007(b) of the Federal Public Transportation Act of 2015

“(A) $9,184,747,400 for fiscal year 2016;

“(B) $9,380,039,349 for fiscal year 2017;

“(C) $9,685,745,744 for fiscal year 2018;

“(D) $10,101,051,238 for fiscal year 2019;

“(E) $10,351,763,806 for fiscal year 2020; and

“(F) $10,609,442,553 for fiscal year 2021.

“(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—

“(A) $132,020,000 for fiscal year 2016, $134,934,342 for fiscal year 2017, $138,004,098 for fiscal year 2018, $141,328,616 for fiscal year 2019, $144,893,631 for fiscal year 2020, and $148,557,701 for fiscal year 2021 shall be available to carry out section 5305;

“(B) $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) $4,538,905,700 for fiscal year 2016, $4,639,102,043 for fiscal year 2017, $4,794,641,615 for fiscal year 2018, $4,975,879,158 for fiscal year 2019, $5,101,395,710 for fiscal year 2020, and $5,230,399,804 for fiscal year 2021 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

“(D) $263,466,000 for fiscal year 2016, $269,282,012 for fiscal year 2017, $275,408,178 for fiscal year 2018, $288,264,292 for fiscal year 2019, $295,535,759 for fiscal year 2020, and $303,009,267 for fiscal year 2021 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;

“(E) $2,000,000 for each of fiscal years 2016 through 2021 shall be available for the pilot program for innovative coordinated access and mobility under sec