Text: H.R.2410 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (05/19/2015)


114th CONGRESS
1st Session
H. R. 2410


To authorize highway infrastructure and safety, transit, motor carrier, rail, and other surface transportation programs, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

May 19, 2015

Mr. DeFazio (for himself, Ms. Norton, Mr. Nadler, Ms. Brown of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Cummings, Mr. Larsen of Washington, Mr. Capuano, Mrs. Napolitano, Mr. Cohen, Mr. Sires, Ms. Edwards, Mr. Garamendi, Mr. Carson of Indiana, Mr. Nolan, Mrs. Kirkpatrick, Ms. Titus, Ms. Esty, Ms. Frankel of Florida, and Ms. Brownley of California) (all by request) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To authorize highway infrastructure and safety, transit, motor carrier, rail, and other surface transportation programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act ” or the “GROW AMERICA Act” .

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


Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Effective date.

Sec. 1001. Improving State and Federal agency engagement in environmental reviews.

Sec. 1002. Environmental review alignment and reform.

Sec. 1003. Improving collaboration for accelerated decisionmaking.

Sec. 1004. Unreasonable obstruction of navigation determination.

Sec. 1005. Satisfaction of requirements for certain historic sites.

Sec. 1006. Rail and transit exemption from consideration under section 4(f).

Sec. 1007. Multimodal categorical exclusions.

Sec. 1008. Improving transparency in environmental reviews.

Sec. 1009. Infrastructure Permitting Improvement Center.

Sec. 1010. Clarification of transportation environmental authorities.

Sec. 1011. Advance acquisition.

Sec. 1012. Bridge exemption from consideration under section 4(f).

Sec. 1101. Multimodal Freight Investment Program.

Sec. 1102. Redesignation of the National Network.

Sec. 1201. Transportation system resilience assessment.

Sec. 1202. Consolidated and high performing metropolitan planning organizations.

Sec. 1203. Participation of public port authorities.

Sec. 1204. Strengthening the statewide and nonmetropolitan planning process.

Sec. 1205. Removal of the congestion management process.

Sec. 1206. Public involvement in plan development.

Sec. 1207. Connection to opportunities national goal and potential performance measure.

Sec. 1208. Workforce development.

Sec. 1209. Measuring transportation connectivity pilot activities.

Sec. 1210. Performance-based project selection.

Sec. 1211. Stormwater planning.

Sec. 1301. Eligible projects.

Sec. 1302. Special rules.

Sec. 1303. Priority consideration.

Sec. 1304. Evaluation and assessment of projects.

Sec. 1305. Electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas.

Sec. 1401. 21st century infrastructure investments.

Sec. 1402. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.

Sec. 1403. Railroad rehabilitation and improvement financing.

Sec. 1404. State infrastructure bank program.

Sec. 1405. Toll roads, bridges, tunnels, and ferries.

Sec. 1406. Tax-exempt financing for qualified surface transportation projects.

Sec. 1407. Pay for success.

Sec. 1408. Assistant Secretary for Innovative Finance.

Sec. 2001. Authorization of appropriations.

Sec. 2002. Obligation limitation.

Sec. 2003. Apportionment.

Sec. 2004. Federal lands transportation program.

Sec. 2005. Emergency relief for federally owned roads.

Sec. 2006. Tribal High Priority Projects Program and Tribal Transportation Program amendments.

Sec. 2007. Federal lands access program Federal share.

Sec. 2008. Nationally significant Federal lands and Tribal projects program.

Sec. 2009. Federal lands programmatic activities.

Sec. 2010. Bridges requiring closure or load restrictions.

Sec. 2011. Broadband infrastructure deployment.

Sec. 2012. Critical Immediate Investments Program.

Sec. 2013. Appalachian Development Highway System.

Sec. 2014. Highway safety data improvement.

Sec. 2101. Performance management data support program.

Sec. 2102. Performance period adjustment.

Sec. 2103. Multimodal accommodations.

Sec. 2201. Project approval and oversight.

Sec. 2301. Letting of contracts.

Sec. 2302. Construction of ferry boats and ferry terminal facilities.

Sec. 2303. Green stormwater infrastructure.

Sec. 2304. Elimination or modification of certain FHWA reporting requirements.

Sec. 3001. Short title; amendments to title 49, United States Code.

Sec. 3002. Definitions.

Sec. 3002a. Capital investment grants.

Sec. 3003. Formula grants for enhanced mobility.

Sec. 3004. Formula grants for rural areas.

Sec. 3005. Workforce development programs.

Sec. 3006. General provisions.

Sec. 3007. Public transportation local hiring.

Sec. 3008. Public transportation safety program.

Sec. 3009. Authorizations.

Sec. 3010. Bus and bus facilities program.

Sec. 3011. Rapid Growth Area Transit Program.

Sec. 3012. Technical corrections.

Sec. 3013. Technical corrections of title II, division B, of MAP–21.

Sec. 3014. Elimination of FTA annual research reporting requirement.

Sec. 4001. Authorization of appropriations.

Sec. 4002. Highway safety programs.

Sec. 4003. Amendment to section 405 national priority safety programs transfer authority.

Sec. 4004. Amendment to motorcyclist safety grant criteria.

Sec. 4005. Amendment to graduated driver licensing incentive grant criteria.

Sec. 4006. Amendment to ignition interlock grant criteria.

Sec. 4007. Amendment to repeat offender and open container criteria.

Sec. 4008. Amendment to distracted driving grant criteria.

Sec. 4009. Streamlining of national priority safety programs.

Sec. 4010. Amendment to highway research and development.

Sec. 4101. Authorization of appropriations.

Sec. 4102. Recall obligations under bankruptcy.

Sec. 4103. Prohibition on rendering safety elements inoperative and criminal penalties.

Sec. 4104. Cooperation with foreign governments.

Sec. 4105. Functional safety process.

Sec. 4106. Notification of defect or noncompliance and imminent hazard authority.

Sec. 4107. Amendment to judicial review provisions.

Sec. 4108. Inspection authority under automobile fuel economy statute.

Sec. 4109. Recall authority over rental car companies and used car dealers.

Sec. 4110. Civil penalties.

Sec. 4111. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012.

Sec. 4112. Tire registration by independent sellers.

Sec. 4113. Extension of time period for remedy of tire defects.

Sec. 4114. Dealer requirement to check for unremedied recall.

Sec. 4115. Pilot grant program for state notification to consumers of motor vehicle recall status.

Sec. 5001. Amendment of title 49, United States Code.

Sec. 5101. Commercial motor vehicle defined.

Sec. 5102. Motor carrier operations affecting interstate commerce.

Sec. 5103. Bus rentals and definition of employer.

Sec. 5104. High-risk carrier reviews.

Sec. 5105. New entrant safety audits.

Sec. 5106. Imminent hazard actions.

Sec. 5107. International commerce transported on highways through the United States.

Sec. 5201. Commercial driver’s license requirements.

Sec. 5202. Disqualifications based on non-commercial motor vehicle operations.

Sec. 5203. Recording of Federal disqualifications on CDLIS.

Sec. 5204. Failure To pay civil penalty as a disqualifying offense.

Sec. 5205. Controlled substance violations.

Sec. 5301. Effect of driving on commercial motor vehicle operators.

Sec. 5302. Repeal of commercial jurisdiction exception for brokers of motor carriers of passengers.

Sec. 5303. Revocation or suspension of registration.

Sec. 5304. Revocation of registration for failure to respond to subpoena.

Sec. 5305. Lapse of required financial security; suspension of registration.

Sec. 5401. FMCSA Financial Assistance Programs.

Sec. 5501. Motor Carrier Safety Advisory Committee.

Sec. 5502. Unified Carrier Registration Plan.

Sec. 5503. Self-insurance for motor carriers repealed.

Sec. 5504. Electronic logging device recall authority.

Sec. 5505. Repeal of motor carrier financial reporting requirement.

Sec. 5506. Contractors exercising operational control over motor carrier operations.

Sec. 5507. Driver compensation.

Sec. 5508. Civil enforcement authority.

Sec. 5509. Criminal penalties.

Sec. 5510. Penalties for violations of out-of-service orders.

Sec. 5511. Technical corrections.

Sec. 5512. Audits and compliance investigations of Mexico-domiciled motor carriers.

Sec. 5513. Administrative adjudication of violations of commercial regulations and statutes.

Sec. 5514. Access to National Driver Register.

Sec. 5515. Elimination of certain FMCSA reporting requirements.

Sec. 6001. Amendment of title 49, United States Code.

Sec. 6002. Emergency operational controls.

Sec. 6003. Enhanced registration requirements.

Sec. 6004. User fees for special permits.

Sec. 6005. National emergency and disaster response.

Sec. 6006. Enhanced reporting.

Sec. 6007. Improving publication of special permits.

Sec. 6008. Hazard abatement authority.

Sec. 6009. Inspection of non-domestic entities.

Sec. 6010. Improving the effectiveness of the HMEP grant program.

Sec. 6011. Civil penalty.

Sec. 6012. General duty.

Sec. 6013. Authorization of appropriations.

Sec. 6014. Elimination of certain PHMSA reporting requirements.

Sec. 7001. Amendment of 1986 Code.

Sec. 7002. Extension of highway-related taxes.

Sec. 7003. Extension of provisions related to the Sport Fish Restoration and Boating Trust Fund.

Sec. 7004. Transportation Trust Fund.

Sec. 7005. Effective date.

Sec. 8001. Authorization of appropriations.

Sec. 8101. National Cooperative Freight Transportation Research Program.

Sec. 8102. Competitive University Transportation Centers Consortia Program.

Sec. 8103. Priority Multimodal Research Program.

Sec. 8104. Bureau of Transportation Statistics.

Sec. 8105. ITS goals and purposes.

Sec. 8106. ITS general authorities and requirements.

Sec. 8107. ITS national architecture and standards.

Sec. 8108. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.

Sec. 8109. Infrastructure development.

Sec. 8110. Departmental research programs; conforming amendments.

Sec. 8111. Office of Intermodalism.

Sec. 8112. Cooperation with Federal and State agencies and foreign countries.

Sec. 8113. National ITS Program Plan.

Sec. 8114. Research and development.

Sec. 9001. Short title; amendment of title 49, United States Code.

Sec. 9101. Purpose and objectives.

Sec. 9102. Grant programs.

Sec. 9103. Amtrak 5-year business planning.

Sec. 9104. Clarification of grant conditions.

Sec. 9105. Research and development.

Sec. 9106. Miscellaneous revisions.

Sec. 9201. Regional rail development authorities.

Sec. 9202. Northeast Corridor Infrastructure and Operations Advisory Commission.

Sec. 9203. Standardization of passenger equipment and platforms.

Sec. 9204. Next generation equipment committee.

Sec. 9205. Buy America.

Sec. 9206. Rail passenger transportation liability and mandatory coverage.

Sec. 9207. Shared-use study.

Sec. 9208. Disadvantaged business enterprises; disparity and availability study.

Sec. 9301. National and regional rail planning.

Sec. 9302. State rail plans.

Sec. 9401. Requirement for uniform operating rules.

Sec. 9402. Positive train control.

Sec. 9403. Hours of service reform.

Sec. 9404. Amendments to the safety appliance law.

Sec. 9405. Amendments to the locomotive inspection law.

Sec. 9406. Technical amendment to the provision on protection of railroad safety risk reduction program information.

Sec. 9407. Noise emission standards.

Sec. 9408. Technical amendment to chapter 201 general civil penalty provision.

Sec. 9409. Miscellaneous authorization of appropriations.

Sec. 9410. Repair and replacement of damaged track inspection equipment.

Sec. 9501. Authorization of appropriations.

Sec. 9502. Technical corrections to the Rail Safety Improvement Act of 2008.

Sec. 9503. Technical correction to introductory text of Public Law 110–432.

Sec. 9504. Technical corrections to uncodified provisions of division A of Public Law 110–432, the Rail Safety Improvement Act of 2008.

Sec. 9505. Technical corrections to provisions of the hours of service laws and related civil penalty provision.

Sec. 9506. Elimination of certain FRA reporting requirements.

Sec. 10001. Consideration of travel and tourism in award of financial assistance.

Sec. 10002. Electronic reports and report modification.

Sec. 10003. Amendment of Federal Aid in Sport Fish Restoration Act.

Sec. 10004. Amendments to chapter 537 of title 46.

Sec. 10005. Government-wide authority for electric charging infrastructure at no cost to the taxpayer.

Sec. 11001. Amounts in this Act.

Sec. 11002. Treatment for statutory PAYGO and related purposes.

Sec. 11003. Scoring of changes in contract authority in appropriations Acts.

Sec. 11004. Scoring of changes in obligation limits in appropriations Acts.

Sec. 11005. Scoring of transfers between the general fund and the Transportation Trust Fund.

Sec. 11006. Special rule.

Sec. 11007. Revised discretionary spending limits.

SEC. 2. Definitions.

In this Act, the following definitions apply:

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

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

SEC. 3. Effective date.

Except as otherwise provided, this Act, and the amendments made by this Act, shall take effect on October 1, 2015.

SEC. 1001. Improving State and Federal agency engagement in environmental reviews.

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

§ 307. Improving State and Federal agency engagement in environmental reviews

“(a) In general.—A public entity receiving financial assistance from the Department of Transportation for one or more projects or for a program of projects, may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department of Transportation, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program. The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval and consultation processes for the project, projects, or program.

“(b) Activities eligible for funding.—Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.

“(c) Amounts.—Requests under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct their review.

“(d) Agreements.—Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.

“(e) Existing authority.—Nothing in this section shall be construed as conflicting with the provisions of section 139(j) of title 23.”.

(b) Conforming amendment.—The analysis of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 306 the following:


“307. Improving State and Federal agency engagement in environmental reviews”.

SEC. 1002. Environmental review alignment and reform.

(a) In general.—Title 49, United States Code, is amended by inserting after section 309 the following:

§ 310. Aligning Federal environmental reviews

“(a) Coordinated and concurrent environmental reviews.—Within one year of the date of enactment of GROW AMERICA Act, the Department of Transportation, in coordination with the Steering Committee, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act (42 U.S.C. 4321 et seq.) (referred to as ‘NEPA’ in this section). This coordinated and concurrent environmental review and permitting process shall—

“(1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project;

“(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need and during development of the environmental impact statement on the range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s obligations under statute or Executive order; and

“(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s obligations under statute or Executive order.

“(b) Environmental Checklist.—The Secretary and Federal Agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall, within 90 days of the date of enactment of GROW AMERICA Act, jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project. The purpose of the checklist is to—

“(1) identify agencies of jurisdiction and cooperating agencies,

“(2) develop the information needed for the purpose and need and alternatives for analysis; and

“(3) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.

“(c) Interagency collaboration.—Consistent with Federal environmental statutes and the priority reform actions for Federal agency permitting and reviews defined and identified by the Steering Committee described in section 1009, the Secretary shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management. This engagement shall also ensure agency staff is fully engaged and utilizing the flexibility of existing regulations, policies, and guidance and identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions. These sessions and the interagency collaborations they generate shall also focus on how to work with State and local transportation entities to improve project planning, siting, and application quality and how to consult and coordinate with relevant stakeholders and Federal, Tribal, State, and local representatives early in permitting processes.

“(d) Performance measurement.—Within one year of the date of enactment of GROW AMERICA Act, the Department of Transportation, in coordination with the Steering Committee, shall establish a program to measure and report on progress towards aligning Federal reviews as outlined in this section.”.

(b) Conforming amendment.—The analysis of subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following:


“310. Aligning Federal environmental reviews”.

SEC. 1003. Improving collaboration for accelerated decisionmaking.

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

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

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

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

    “(I) The date that is 30 days after the date for rendering a decision as set in the project schedule created pursuant to paragraph (g)(1)(B) of this section.

    “(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) of this section.”.

SEC. 1004. Unreasonable obstruction of navigation determination.

(a) Bridge act of 1906.—Section 4 of the Bridge Act of 1906 (33 U.S.C. 494) is amended—

(1) by designating the existing text as subsection (a); and

(2) by inserting at the end the following:

“(b) When determining whether a bridge unreasonably obstructs the free navigation of the waters over which it is constructed, the Secretary shall, for projects that are funded under title 23 or title 49, United States Code, consider—

“(1) the necessities of rail, aviation, transit, and highway traffic; and

“(2) construction, maintenance, and operation costs of the proposed bridge.”.

(b) General bridge act of 1946.—Section 502 of the General Bridge Act of 1946 (33 U.S.C. 525) is amended by inserting at the end the following:

“(d) Unreasonable obstruction of navigation determination.—When determining whether a bridge unreasonably obstructs the free navigation of the waters over which it is constructed, the Secretary shall, for projects that are funded under title 23 or title 49, United States Code, consider—

“(1) the necessities of rail, aviation, transit, and highway traffic; and

“(2) construction, maintenance, and operation costs of the proposed bridge.”.

SEC. 1005. Satisfaction of requirements for certain historic sites.

(a) Title 23 amendment.—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 seek to align the requirements of this section with the requirements of the National Environmental Policy Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 of the National Historic Preservation Act (16 U.S.C. 470f) (referred to as section 106 in this section), and their implementing regulations and will coordinate with the Department of the Interior and the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of both within 90 days of enactment of GROW AMERICA Act.

“(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, in an analysis required under NEPA the Secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site, the Secretary may include the Secretary’s determination in the NEPA analysis and notify the applicable State historic preservation officer, tribal historic preservation officer, the Advisory Council on Historic Preservation (if the Council is participating in the section 106 consultation process), and the Secretary of the Interior of such findings and request concurrence that such determination is sufficient to satisfy (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior concur, no further analysis under (a)(1) shall be required. The Secretary’s Record of Decision or Finding of No Significant Impact shall include such a finding, as well as documentation of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior. A notice of intent from the Secretary of such a finding, as well as notice of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior will be posted on an appropriate Federal website within 3 days of their occurrence.

“(3) ALIGNING HISTORICAL REVIEWS.—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 (2), the Secretary may then notify the applicable preservation officer, the Secretary of the Interior, and the Advisory Council on Historic Preservation of the Department’s intent to satisfy the conditions of (a)(2) through the consultation requirements of section 106. The applicable preservation officer, the Council, and the Secretary of the Interior must concur in the treatment of the historic site agreed upon in the Memorandum of Agreement or Programmatic Agreement developed in accordance with section 106 in order to satisfy the conditions of (a)(2).”.

(b) Title 49 amendment.—Section 303 of title 49, United States Code, is amended—

(1) in subsection (c), by striking “subsection (d)” and inserting “subsections (d) and (e)”; and

(2) by inserting at the end the following:

“(e) Satisfaction of requirements for certain historic sites.—

“(1) IN GENERAL.—The Secretary shall seek to align the requirements of this section with the requirements of the National Environmental Policy Act (42 U.S.C. 4231 et seq.) (NEPA), section 106 of the National Historic Preservation Act (16 U.S.C. 470f) (referred to as section 106 in this section), and their implementing regulations and will coordinate with the Department of the Interior and the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of both within 90 days of enactment of GROW AMERICA Act.

“(2) AVOIDANCE ALTERNATIVE ANALYSIS.—If, in an analysis required under NEPA the Secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site, the Secretary may include the Secretary’s determination in the NEPA analysis and notify the applicable State historic preservation officer, tribal historic preservation officer, the Advisory Council on Historic Preservation (if the Council is participating in the section 106 consultation process), and the Secretary of the Interior of such findings and request concurrence that such determination is sufficient to satisfy (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior concur, no further analysis under (a)(1) shall be required. The Secretary’s Record of Decision or Finding of No Significant Impact shall include such a finding, as well as documentation of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior. A notice of intent from the Secretary of such a finding, as well as notice of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior will be posted on an appropriate Federal website within 3 days of their occurrence.

“(3) ALIGNING HISTORICAL REVIEWS.—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 (2), the Secretary may then notify the applicable preservation officer, the Secretary of the Interior, and the Advisory Council on Historic Preservation of the Department’s intent to satisfy the conditions of (a)(2) through the consultation requirements of section 106. The applicable preservation officer, the Council, and the Secretary of the Interior must concur in the treatment of the historic site agreed upon in the Memorandum of Agreement or Programmatic Agreement developed in accordance with section 106 in order to satisfy the conditions of (a)(2).”.

SEC. 1006. RAIL AND TRANSIT EXEMPTION FROM CONSIDERATION UNDER SECTION 4(f).

(a) Title 23 amendment.—Section 138 of title 23, United States Code, as amended by this Act, is further amended by inserting the following after subsection (c):

“(d) Rail and transit.—Improvements to, or the maintenance, rehabilitation, or operation of railroad or rail transit lines or elements thereof, with the exception of stations, that are in-use or were historically used for transportation of goods or passengers, shall not be considered a use of an historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.”.

(b) Title 49 amendment.—Section 303 of title 49, United States Code, as amended by this Act, is further amended—

(1) in subsection (c), by striking “subsections (d) and (e)” and inserting “subsections (d), (e) and (f)”; and

(2) by inserting the following after subsection (e):

“(f) Rail and transit.—Improvements to, or the maintenance, rehabilitation, or operation of railroad or rail transit lines or elements thereof, with the exception of stations, that are in-use or were historically used for transportation of goods or passengers, shall not be considered a use of an historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.”.

SEC. 1007. Multimodal categorical exclusions.

Section 304 of title 49, United States Code, is amended as follows:

(1) Subsection (a)(1) is amended—

(A) by striking “operating authority” and inserting “operating administration or secretarial office”;

(B) by inserting “has expertise but” before “is not the lead”; and

(C) by inserting “proposed multimodal” before “project”.

(2) Subsection (a)(2) is amended to read as follows:

“(2) LEAD AUTHORITY.—The term ‘lead authority’ means a Department of Transportation operating administration or secretarial office that has the lead responsibility for a proposed multimodal project.”.

(3) Subsection (a)(3) is amended by striking “has the meaning given the term in section 139(a) of title 23” and inserting “means an action by the Department of Transportation that involves expertise of one or more Department of Transportation operating administrations or secretarial offices”.

(4) Subsection (b) is amended by striking “under this title” and inserting “by the Secretary”.

(5) Subsection (c) is amended—

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

(B) by striking “other components of the” and inserting “a proposed multimodal”;

(C) by amending paragraphs (1) and (2) to read as follows:

“(1) the lead authority makes a preliminary determination on the applicability of a categorical exclusion to a proposed multimodal project and notifies the cooperating authority of its intent to apply the cooperating authority categorical exclusion;

“(2) the cooperating authority does not object to the lead authority’s preliminary determination of its applicability;”;

(D) by amending paragraph (3) by inserting “the lead authority determines that” at the beginning, and “proposed multimodal” before “project to be covered”; and

(E) by amending paragraph (4) to read as follows:

“(4) the lead authority, with the concurrence of the cooperating authority—

“(A) follows implementing regulations or procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(B) determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and

“(C) determines that 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.).”.

(6) Subsection (d) is amended to read as follows:

“(d) Cooperating authority expertise.—A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.”.

SEC. 1008. Improving transparency in environmental reviews.

(a) In general.—Title 49, United States Code, is amended by inserting after section 310, as added by this Act, the following:

§ 311. Improving transparency in environmental reviews

“(a) In general.—Not later than 2 years after the date of enactment of GROW AMERICA Act, the Secretary shall establish an online platform and, in coordination with agencies described in subsection (b), issue reporting standards to make publically available the status and progress with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal approval required under applicable laws for projects and activities requiring an environmental assessment or an environmental impact statement.

“(b) Federal agency participation.—A Federal agency of jurisdiction over an approval required for a project under applicable laws shall provide information regarding the status and progress of the approval to the online platform, consistent with the standards established under subsection (a).

“(c) Assignment of responsibilities.—An entity with assigned authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), pursuant to section 326 or 327 of title 23, United States Code, shall be responsible for supplying project development and compliance status for all applicable projects.”.

(b) Conforming amendment.—The analysis of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 310, as added by this Act, the following:


“311. Improving transparency in environmental reviews”.

SEC. 1009. Infrastructure Permitting Improvement Center.

(a) In general.—Title 49, United States Code, is amended by inserting after section 311, as added by this Act, the following:

§ 312. Interagency infrastructure permitting improvement center

“(a) In general.—There is established in the Office of the Secretary an Interagency Infrastructure Permitting Improvement Center (referred to in this section as the ‘Center’).

“(b) Roles and responsibilities.—

“(1) GOVERNANCE.—The Center shall report to the chair of the Steering Committee described in paragraph (2) to ensure that the perspectives of all member agencies are represented.

“(2) INFRASTRUCTURE PERMITTING STEERING COMMITTEE.—An Infrastructure Permitting Steering Committee is established to oversee the work of the Center. The Steering Committee shall be chaired by the Federal Chief Performance Officer in consultation with the Chair of the Council on Environmental Quality and shall be comprised of Deputy-level representatives from the following agencies:

“(A) The Department of Defense.

“(B) The Department of the Interior.

“(C) The Department of Agriculture.

“(D) The Department of Commerce.

“(E) The Department of Transportation.

“(F) The Department of Energy.

“(G) The Department of Homeland Security.

“(H) The Environmental Protection Agency.

“(I) The Advisory Council on Historic Preservation.

“(J) The Department of the Army.

“(K) The Department of Housing and Urban Development.

“(L) Other agencies the Chair invites to participate.

“(3) ACTIVITIES.—The Center shall support the Chair of the Steering Committee described in paragraph (2) and undertake the following:

“(A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews for areas as defined and identified by the Steering Committee described in paragraph (2).

“(B) Support modernization efforts at agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects.

“(C) Provide technical assistance and training to field and headquarters staff of Federal agencies on policy changes, innovative approaches to project delivery and other topics as appropriate.

“(D) Identify, develop and track metrics for timeliness of permit reviews, permit decisions, and project outcomes.

“(E) Administer and expand the use of online transparency tools providing for—

“(i) tracking and reporting of metrics;

“(ii) development and posting of schedules for permit reviews and permit decisions; and

“(iii) sharing of best practices related to efficient project permitting and reviews.

“(F) Provide reporting to the President on progress towards achieving greater efficiency in permitting decisions and review of infrastructure projects and progress towards achieving better outcomes for communities and the environment.

“(4) INFRASTRUCTURE SECTORS COVERED.—The Center shall support process improvements in the permitting and review of projects in the following sectors:

“(A) Surface transportation.

“(B) Aviation.

“(C) Ports and waterways.

“(D) Water resource projects.

“(E) Renewable energy generation.

“(F) Electricity transmission.

“(G) Broadband.

“(H) Pipelines.

“(I) Other sectors, as determined by the Steering Committee described in subparagraph (2).”.

(b) Conforming amendment.—The analysis of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 312, as added by this Act, the following:


“312. Interagency Infrastructure Permitting Improvement Center.”.

SEC. 1010. Clarification of transportation environmental authorities.

(a) Title 49 reference to section 4(f).—Section 303 of title 49, United States Code, as amended by section 1012 of this Act, is further amended by inserting at the end the following:

“(h) Section 4(f).—This section may be referred to as ‘section 4(f)’ or ‘section 4(f) of title 49, United States Code’.”.

(b) Title 23 reference to section 4(f).—Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(f) Section 4(f).—This section may be referred to as ‘section 4(f)’ or ‘section 4(f) of title 23, United States Code’.”.

(c) Relocation and clarification of section 1319 of map–21.—

(1) REPEAL.—Section 1319 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141, 126 Stat. 551; 42 U.S.C. 4332a) is repealed.

(2) ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.—Chapter 3 of title 49, United States Code, is amended by inserting after section 304 the following:

§ 304a. Accelerated decisionmaking in environmental reviews

“(a) In general.—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the Department of Transportation, when acting as lead agency, modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional Departmental response, the Department may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—

“(1) cite the sources, authorities, or reasons that support the position of the Department; and

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

“(b) Incorporation.—To the maximum extent practicable, the Department shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

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

“(2) there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.”.

(d) Conforming amendment.—The analysis of chapter 3 of title 49, United States Code, is amended by inserting the following after the item relating to section 304:


“304a. Accelerated decisionmaking in environmental reviews.”.

(e) Effective date.—The repeal and amendments made by this section are effective on the date of enactment of the Moving Ahead for Progress in the 21st Century Act.

SEC. 1011. Advance acquisition.

(a) Advance acquisition.—Chapter 241 of title 49, United States Code, is amended by inserting the following after section 24105:

§ 24106. Advance acquisition

“(a) Rail corridor preservation.—The Secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle V of title 49, United States Code, that may use such property interests if the acquisition is otherwise permitted under Federal law, and the recipient requesting Federal funding for the acquisition certifies, with the concurrence of the Secretary, that—

“(1) the recipient has authority to acquire the real property interest;

“(2) the acquisition of the real property interest—

“(A) is for a transportation purpose;

“(B) will not cause significant adverse environmental impact;

“(C) will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the Secretary on any approval required for the project;

“(D) does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered;

“(E) complies with other applicable Federal laws and regulations;

“(F) will be acquired through negotiation, without threat of condemnation; and

“(G) will not result in elimination or reduction of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

“(b) Environmental reviews.—

“(1) COMPLETION OF NEPA REVIEW.—Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the acquisition.

“(2) COMPLETION OF SECTION 106.—An acquisition of a real property interest involving an historic site shall not occur unless the section 106 process under the National Historic Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 68790) is complete.

“(3) TIMING OF ACQUISITION.—A real property interest acquired under subsection (a) may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed.”.

(b) Conforming amendment.—The analysis of chapter 241 of title 49, United States Code, is amended by inserting the following after the item relating to section 24105:


“Sec. 24106. Advance acquisition.”.

SEC. 1012. BRIDGE EXEMPTION FROM CONSIDERATION UNDER SECTION 4(f).

(a) Title 23 amendment.—Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(e) Bridge exemption from consideration under section 4(f).—A common post-1945 concrete or steel bridge or culvert that is exempt from individual review under section 106 of the National Historic Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 68790) shall also be exempt from consideration under this section.”.

(b) Title 49 amendment.—Section 303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(g) Bridge exemption from consideration under section 4(f).—A common post-1945 concrete or steel bridge or culvert that is exempt from individual review under section 106 of the National Historic Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 68790) shall also be exempt from consideration under this section.”.

SEC. 1101. Multimodal Freight Investment Program.

(a) Multimodal freight incentive program.—

(1) ESTABLISHMENT.—Title 49, United States Code, is amended by adding after chapter 53 the following:

“Chapter 54—Freight


“Sec.

“5401. Multimodal freight incentive program.

“5402. National freight infrastructure program.

“5403. State freight advisory committees.

“5404. State freight plans.

“5405. National freight policy, network, plan and data.

§ 5401. Multimodal freight incentive program

“(a) In general.—Subject to the requirements of this section, the Secretary shall—

“(1) establish a program to make grants to States to improve the efficiency and reliability of freight movement in the United States;

“(2) under subsection (c), calculate the maximum amount of funding that the Secretary may allocate to a State under this section for a fiscal year; and

“(3) under subsection (e), allocate to a State one or more grants for which the State qualifies in such fiscal year, based on the criteria specified in such subsection.

“(b) Definition.—In this section, the term ‘State’ means any of the 50 States, the District of Columbia, or Puerto Rico.

“(c) Calculation.—

“(1) ANNUAL AMOUNT.—The Secretary shall calculate the amount of funding available to be allocated to a State under this section for a fiscal year as follows—

“(A) the amount made available to provide multimodal freight incentive grants under this section for such fiscal year; multiplied by

“(B) the overall ratio specified in paragraph (3).

“(2) FLOOR AMOUNT.—Under the calculations in paragraph (1), a State’s amount for a fiscal year shall not be less than 0.5 percent of the amount made available to provide multimodal freight incentive grants under this section for such fiscal year.

“(3) RATIO.—Subject to paragraph (2), the Secretary shall determine the overall ratio referenced in paragraph (1)(B) based on the following ratios:

“(A) 6.25 percent in the ratio that—

“(i) the number of ports in each State; bears to

“(ii) the number of ports in all States.

“(B) 6.25 percent in the ratio that—

“(i) the number of rail track-miles used for the movement of freight in each State; bears to

“(ii) the number of such rail track-miles in all States.

“(C) 6.25 percent in the ratio that—

“(i) the number of cargo-handling airports in each State; bears to

“(ii) the number of such airports in all States.

“(D) 6.25 percent in the ratio that—

“(i) the number of Interstate system miles in each State; bears to

“(ii) the number of Interstate system miles in all States.

“(E) 37.5 percent in the ratio that—

“(i) the tonnage of rail, waterborne, highway, airport and pipeline freight moved in each State; bears to

“(ii) the tonnage of such freight moved in all States.

“(F) 37.5 percent in the ratio that—

“(i) the value of rail, waterborne, highway, airport and pipeline freight moved in each State; bears to

“(ii) the value of such freight moved in all States.

“(d) Eligibility.—A State shall use a grant under this section for—

“(1) the development of corridor freight plans or regional freight plans; or

“(2) one or more phases of capital projects, equipment or operational improvements on roads, rails, landside infrastructure on ports and airports, and intermodal connectors included in a State freight plan under section 5404 of this title for projects that—

“(A) maintain or improve the efficiency and reliability of freight supply chains;

“(B) demonstrate public freight benefits;

“(C) improve modal components of a multimodal corridor that is critical to a State or region;

“(D) address freight needs to facilitate a regionally or nationally significant economic development issue;

“(E) are multimodal, multi-jurisdictional, or corridor-based and address freight needs;

“(F) relieve freight or non-freight access, congestion, or safety issues; or

“(G) address first and last mile connectors.

“(e) Grants.—

“(1) IN GENERAL.—If during a fiscal year a State meets the eligibility criteria specified in paragraph (2) or (3) the Secretary shall allocate to the State in such fiscal year a grant under such paragraph. The determination of whether a State meets such eligibility criteria shall be made by the Secretary.

“(2) TIER I INCENTIVE GRANT.—

“(A) ALLOCATIONS OF FUNDING.—Subject to paragraph (4), if a State meets the eligibility criteria specified in subparagraph (B) during a fiscal year, the Secretary shall allocate to the State in such fiscal year 40 percent of the amount of the funds available to be allocated to the State in such fiscal year.

“(B) ELIGIBILITY CRITERIA.—The Secretary may allocate funding to a State under this paragraph in a fiscal year if the State—

“(i) has an established freight advisory committee in accordance with section 5403 of this title;

“(ii) has an approved freight plan in accordance with section 5404 of this title;

“(iii) has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs;

“(iv) demonstrates use of the statewide analysis of freight needs in prioritizing projects in the freight plan required by section 5404 of this title; and

“(v) demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects that are identified in the freight plan required by section 5404 of this title and are ready to be advanced.

“(3) TIER II INCENTIVE GRANT.—

“(A) ALLOCATIONS OF FUNDING.—Subject to paragraph (4), if a State meets the eligibility criteria specified in subparagraph (B) during a fiscal year, the Secretary shall allocate to the State in such fiscal year 60 percent of the amount of the funds available to be allocated to the State in such fiscal year.

“(B) ELIGIBILITY CRITERIA.—The Secretary may allocate funding to a State under this paragraph in a fiscal year if the State—

“(i) has met the eligibility criteria specified in paragraph (2)(B);

“(ii) has conducted, in cooperation with at least one other State, a multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs along a multistate freight corridor;

“(iii) has developed, in cooperation with at least one other State or relevant entities in Canada or Mexico, a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs; and

“(iv) demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects identified in the regional freight plan.

“(4) TIER I AND II ANALYSES AND PLANS.—

“(A) APPROVAL.—A State shall demonstrate that it developed the analyses and plans required under paragraphs (2) and (3) with the approval of a State Freight Advisory Committee.

“(B) CERTIFICATION.—The determination of whether the analyses and plans required to qualify under paragraphs (2) and (3) satisfy the requirements of the paragraphs shall be at the discretion of the Secretary.

“(C) FORECAST PERIOD.—All analyses and plans required under paragraph (3) shall address a 10-year and 20-year forecast period.

“(D) UPDATES.—In order to obligate funding under paragraphs (2) and (3), a State shall update all analyses and plans required under such paragraph at least every 5 years.

“(f) Transfer authority.—

“(1) ADMINISTRATION OF PROJECTS.—For the purpose of administering a grant under this subsection, funds authorized for this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project.

“(2) TRANSFER TO OTHER PROGRAMS.—Funds authorized for this section may not be transferred to any other program under title 23 or 49, United States Code.

“(g) Federal share.—The Federal share for projects funded under this section shall not exceed 80 percent. Funds authorized for this section may not be applied towards the non-Federal share of costs under another Federal program.

“(h) Treatment for obligation limitation distribution.—For purposes of distributing obligation limitation in any fiscal year, the Secretary shall provide funds made available for this section with obligation limitation as follows:

“(1) The Secretary shall provide funds authorized for that fiscal year with obligation limitation under section 2002(c)(4) of the GROW AMERICA Act or the equivalent provision of the relevant appropriations act for a fiscal year, as appropriate.

“(2) The Secretary shall provide funds carried over from prior fiscal years with obligation limitation under section 2002(c)(2) of such Act or the equivalent provision of the relevant appropriations act for a fiscal year, as appropriate.”.

(2) FUNDING.—

(A) AUTHORIZATION.—There is authorized to be appropriated from the highway account of the transportation trust fund to carry out section 5401 of title 49, United States Code—

(i) $500,000,000 for fiscal year 2016;

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

(iii) $1,500,000,000 for fiscal year 2018;

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

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

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

(B) AVAILABILITY AND ADMINISTRATION.—The funds authorized by subparagraph (A) shall be—

(i) available for obligation on October 1 of the fiscal year for which they are authorized;

(ii) available for obligation until expended; and

(iii) administered as if such funds were apportioned under chapter 1 of title 23, United States Code.

(C) TRANSFER TO NATIONAL FREIGHT INFRASTRUCTURE PROGRAM.—Notwithstanding section 5401(f)(2) of title 49, United States Code, as soon as practicable after October 1, 2017, and each fiscal year thereafter, the Secretary shall transfer to the National Freight Infrastructure Program under section 5402 of such title—

(i) of the funds authorized under subparagraph (A) to carry out section 5401 of such title, any funds that—

(I) were available to be allocated to a State for the prior fiscal year under subsection (c) of such section; but

(II) the Secretary did not allocate to that State for that prior fiscal year due to that State not meeting the eligibility criteria specified under subsection (e)(2) or (e)(3) of such section; and

(ii) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under clause (i).

(b) National freight infrastructure program.—

(1) ESTABLISHMENT.—Chapter 54 of such title is amended by adding at the end the following:

§ 5402. National Freight Infrastructure Program

“(a) In general.—The Secretary shall establish and implement a National Freight Infrastructure Program under this section.

“(b) Goals.—The goals of the program shall be to—

“(1) reduce the cost of freight transportation;

“(2) improve the safety of freight transportation;

“(3) relieve bottlenecks in the freight transportation system;

“(4) improve the state of good repair of the freight transportation system; and

“(5) reduce the adverse environmental and community impacts of freight transportation.

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

“(1) ELIGIBLE APPLICANT.—

“(A) IN GENERAL.—The term ‘eligible applicant’ means—

“(i) a State (as defined in section 101(a)(25) of title 23);

“(ii) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands;

“(iii) a local government;

“(iv) a metropolitan planning organization;

“(v) a public transportation authority (including a port authority);

“(vi) a tribal government; or

“(vii) a group of entities described in clauses (i) through (vi).

“(B) GROUPS OF ENTITIES.—A group described in clause (vii) of subparagraph (A) shall submit an application through a lead applicant that qualifies under one of the clauses (i) through (vi) of that subparagraph. Public-private partnerships are eligible provided the lead applicant qualifies under one of the clauses (i) through (vi) of subparagraph (A).

“(2) ELIGIBLE PROJECT.—

“(A) IN GENERAL.—The term ‘eligible project’ means a capital investment for a transportation infrastructure facility, or for an operational improvement or equipment for such a facility—

“(i) that is for a facility significantly used for the movement of freight, and that is—

“(I) a road, rail, air, water, or pipeline facility;

“(II) an intermodal facility such as an intermodal facility serving a seaport, a port on the inland waterways, or an airport; or a highway/rail intermodal facility; or

“(III) a facility related to an international border crossing;

“(ii) that the Secretary has determined will help to achieve the goals set out in subsection (b);

“(iii) for which funding committed by State and local governments and other public and private partners, along with the Federal funding requested, will be sufficient to complete the capital investment; and

“(iv) that upon completion will have independent utility.

“(B) PLANS AND ANALYSES.—The term ‘eligible project’ includes the development of plans and analysis required by this chapter.

“(d) Applications.—An eligible applicant seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.

“(e) Selection of projects.—The Secretary shall select projects for funding based on the criteria specified in subsection (f).

“(f) Criteria for selection.—The Secretary shall select eligible projects for funding based on the following criteria:

“(1) The extent to which the project is likely to advance the goals set forth in subsection (b).

“(2) The likely benefits of the project relative to its costs.

“(3) The extent to which the project demonstrates the use of innovative technology, strategies, and practices.

“(4) The likely effect of the project on increasing U.S. exports.

“(5) The consistency of the project with the National Freight Strategic Plan under section 5405 of this title.

“(6) Inclusion of the project in the State freight plan required under section 5404 of this title.

“(7) The extent to which the project leverages Federal funds by matching State, local, tribal, or private funds to the Federal funding requested under this section.

“(8) The extent to which funds for the project are not available from other sources.

“(g) Retrospective analysis.—

“(1) ANALYSIS.—A grant agreement made under this section between the Government and a grantee shall specify that the grantee will collect data and report to the Secretary, at times that the Secretary shall specify, on—

“(A) the actual cost of constructing the project;

“(B) the time required to complete the project and put it into service;

“(C) the level of usage of the facility built or improved by the project;

“(D) the benefits of the project, measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the Secretary; and

“(E) any costs resulting from the project in addition to the costs of constructing the project.

“(h) Terms and conditions.—The Secretary shall determine such other terms and conditions, other than those listed in this section, as are necessary and appropriate to implement this section.

“(i) Administrative and oversight costs.—

“(1) IN GENERAL.—The Secretary may retain up to one-half of 1 percent of the amounts authorized for each fiscal year under this section for—

“(A) administration of the National Freight Infrastructure Program under this section; and

“(B) oversight of projects funded under this section.

“(2) TRANSFER OF FUNDS.—The Secretary may transfer portions of the funds retained under this subsection to the Administrators of the Federal Highway Administration, the Federal Railroad Administration, the Federal Aviation Administration, and the Federal Maritime Administration to carry out the administration and oversight of grants made under this section.

“(j) Federal share.—The Federal share for projects funded under this section shall not exceed 80 percent.

“(k) Administration of projects.—For the purpose of administering a grant under this section, funds authorized for this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project.”.

(2) FUNDING.—

(A) IN GENERAL.—There is authorized to be appropriated from the highway account of the transportation trust fund to carry out this section—

(i) $500,000,000 for fiscal year 2016;

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

(iii) $1,500,000,000 for fiscal year 2018;

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

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

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

(B) ADMINISTRATION OF FUNDS.—The funds authorized by subparagraph (A) shall be—

(i) available for obligation on October 1 of the fiscal year for which they are authorized; and

(ii) available for obligation until expended.

(c) State freight advisory committee.—Chapter 54 of such title is amended by adding at the end the following:

§ 5403. State freight advisory committees

“(a) In general.—

“(1) FREIGHT ADVISORY COMMITTEE.—Each State that receives a grant under this chapter shall establish and maintain a freight advisory committee consistent with criteria established by the Secretary and consisting of a representative cross-section of public and private sector freight stakeholders, including—

“(A) all modes of freight transportation active in the State, including airports, highways, ports, and rail;

“(B) shippers;

“(C) carriers;

“(D) freight-related associations:

“(E) the freight industry workforce;

“(F) the transportation department of the State;

“(G) metropolitan planning organizations; and

“(H) local governments.

“(2) QUALIFICATIONS.—Individuals selected under paragraph (1) must be widely recognized to have qualifications sufficient to represent the interests of their specific stakeholder group, including—

“(A) general business and financial experience;

“(B) experience or qualifications in the areas of freight transportation and logistics;

“(C) experience in transportation planning;

“(D) representing employees of the freight industry; or

“(E) representing State or local governments, or metropolitan planning organizations.

“(b) Role of committee.—The freight advisory committee shall—

“(1) advise the State on freight-related priorities, issues, projects, and funding needs;

“(2) serve as a forum for discussion for State transportation decisions affecting freight mobility;

“(3) communicate and coordinate regional priorities with other organizations;

“(4) promote the sharing of information between the private and public sectors on freight issues;

“(5) participate in the development of the State freight plan, including advising on the development of the freight investment plan; and

“(6) approve the State freight plan under section 5404 of this title, including the freight investment plan required thereunder.”.

(d) State freight plan.—Chapter 54 of such title is amended by adding at the end the following:

§ 5404. State freight plan

“(a) In general.—Each State that receives a grant under this chapter shall develop a freight plan that provides a multimodal, comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight. The freight plan shall include a strategic, long-term component and a tactical, short-term component.

“(b) Plan contents.—The freight plan shall consider all modes of freight transportation in the State and include, at a minimum—

“(1) an identification of significant freight system trends, needs, and issues with respect to a State;

“(2) a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State;

“(3) a description of how the plan will improve the ability of the State to meet the national freight goals established under section 5405 of this title;

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

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

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

“(7) a freight investment plan that includes a list of projects in order of priority and describes how multimodal freight investment funds under section 5401 of this title would be invested and matched.

“(c) Relationship to long-Range plan.—

“(1) INCORPORATION.—The freight plan may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section 135(f) of title 23, United States Code.

“(2) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The priority freight investment plan component of the freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan.

“(d) Certification.—The Secretary shall approve State freight plans if they address the requirements of this section and are consistent with the National Freight Strategic Plan.

“(e) Forecast period.—The freight plan shall address a 10-year forecast period.

“(f) Updates.—A State shall update the freight plan at least every 5 years. The State may update the freight investment plan on a more frequent basis.”.

(e) National freight policy, network, plan, and data.—Chapter 54 of such title is amended by adding at the end the following:

§ 5405. National freight policy, network, plan, and data

“(a) National freight policy.—It is the policy of the United States to improve the condition and performance of the national freight system to ensure that the national freight system provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b).

“(b) Goals.—The goals of the national freight policy are—

“(1) to increase the productivity and efficiency of the national freight system so as to enhance the economic competitiveness of the United States;

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

“(3) to improve quality of life by reducing, eliminating or reversing adverse environmental and community impacts of freight projects and goods movement in the United States.

“(c) Strategy.—The strategies that the United States shall use to achieve the goals set forth in subsection (b) shall include—

“(1) support for or investment in infrastructure, equipment and operational improvements;

“(2) appropriate safety, environmental, energy, and other transportation policies;

“(3) advanced technology and innovation;

“(4) enhancement of competition and accountability in the transportation industries; and

“(5) use of performance management.

“(d) National freight system defined.—In this section, the term ‘national freight system’ means the publicly and privately owned transportation facilities that are used in transporting freight within the United States, including roads, railroads, ports, waterways, locks and dams, airports, airways, pipelines, warehouses, distribution centers, and intermodal facilities.

“(e) Multimodal national freight network.—

“(1) ESTABLISHMENT.—The Secretary shall establish a multimodal national freight network in accordance with this section to inform public and private planning, to prioritize for Federal investment, to aid the public and private sector in strategically directing resources, and to support Federal decisionmaking to achieve the national freight policy goals set forth in subsection (b).

“(2) NETWORK COMPONENTS.—The national freight network shall consist of such connectors, corridors and facilities in all freight transportation modes as most critical to the current and future movement of freight within the national freight system.

“(3) INITIAL DESIGNATION OF THE NATIONAL FREIGHT NETWORK.—

“(A) DESIGNATION.—The Secretary shall designate a national freight network—

“(i) using measurable data to assess the significance of goods movement, including consideration of points of origin, destination, and linking components of the United States global and domestic supply chains;

“(ii) fostering network connectivity; and

“(iii) reflecting input collected from stakeholders through a public process, including input from metropolitan planning organizations and States, to identify critical freight facilities that are vital links in national or regionally significant goods movement and supply chains.

“(B) FACTORS FOR DESIGNATION.—In designating the national freight network, the Secretary may consider—

“(i) volume, tonnage, and value of freight;

“(ii) origins and destinations of freight movement in, to, and from the United States;

“(iii) land and maritime ports of entry;

“(iv) population centers;

“(v) economic factors or other inputs determined to be relevant by the Secretary;

“(vi) bottlenecks and other impediments contributing to significant measurable congestion and delay in freight movement;

“(vii) facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the freight system; and

“(viii) elements of the freight system identified and documented by a metropolitan planning organization and State using national or local data as having critical freight importance to the region.

“(4) REDESIGNATION OF THE NATIONAL FREIGHT NETWORK.—Effective beginning 5 years after the designation of the national freight network and every 5 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the national freight network.

“(f) National freight strategic plan.—

“(1) ESTABLISHMENT OF PLAN.—Not later than October 1, 2015, the Secretary shall, in consultation with the Secretary of Homeland Security, the Secretary of Commerce, the Assistant Secretary of the Army for Civil Works, State departments of transportation, and other appropriate public and private transportation stakeholders, develop, maintain, and post on the Department of Transportation public website a national freight strategic plan that shall include—

“(A) an assessment of the condition and performance of the national freight system;

“(B) an identification of bottlenecks on the national freight system that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include—

“(i) information from the Freight Analysis Framework of the Federal Highway Administration; and

“(ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented;

“(C) forecasts of freight volumes for 10-year and 20-year periods beginning in the year during which the plan is issued;

“(D) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans;

“(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers);

“(F) an identification of routes providing access to energy exploration, development, installation, or production areas;

“(G) best practices for improving the performance of the national freight system;

“(H) best practices for addressing the impacts of freight movement on communities;

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

“(J) strategies to improve freight connectivity between modes of transportation.

“(2) UPDATES TO NATIONAL FREIGHT STRATEGIC PLAN.—Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan.

“(g) Freight transportation conditions and performance reports.—Not later than October 1, 2016, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight system in the United States.

“(h) Transportation investment data and planning tools.—

“(1) IN GENERAL.—The Secretary shall develop new tools and improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including—

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

“(B) freight forecasting models;

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

“(D) other elements to assist in effective transportation planning.

“(2) FREIGHT DATA.—In support of these tools, and to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions, the Secretary shall—

“(A) direct the collection of appropriate transportation-related data, including data to measure the condition and performance of the national freight system; and

“(B) consider any improvements to existing freight data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand.

“(3) CONSULTATION.—The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data identified pursuant to this subsection.

“(4) MULTIMODAL FREIGHT MEASURE.—The Secretary shall evaluate the analyses and plans required under section 5401(e) (2) and (3) of this title and consider development of a national performance measure to assess the efficiency of the multimodal freight network in accordance with the National Freight Strategic Plan.”.

(f) Conforming amendments.—

(1) TABLE OF CHAPTERS.—The table of chapters for such title is amended by inserting after the item related to chapter 53 the following:

“54. Freight .............................................................................................
5401”.




(2) REPEALS.—

(A) MAP–21.—Sections 1116, 1117, and 1118 of MAP–21 (Public Law 112–141) are repealed.

(B) TITLE 23.—Section 167 of title 23, United States Code, is repealed.

(3) CROSS-REFERENCE.—Section 505(a)(3) of title 23, United States Code, is amended by striking “149, and 167” and inserting “and 149, and section 5405 of title 49”.

SEC. 1102. Redesignation of the National Network.

(a) Operation of commercial vehicles on the national highway system and the national freight network.—

(1) SECTION 31111 AMENDMENT.—Section 31111 of title 49, United States Code, is amended—

(A) in subsection (b)(1)(A) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section” and inserting “the National Highway System and the National Freight Network (except a segment exempted under subsection (e) of this section)”;

(B) in subsection (c) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section” and inserting “the National Highway System and the National Freight Network (except a segment exempted under subsection (e) of this section)”;

(C) by striking subsection (e);

(D) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and

(E) in subsection (e), as redesignated—

(i) in paragraph (1) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways” and inserting “the National Highway System or the National Freight Network”;

(ii) in paragraph (2) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways” and inserting “the National Highway System or the National Freight Network”; and

(iii) in paragraph (4)(A) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways” and inserting “the National Highway System or the National Freight Network”.

(2) SECTION 31112 AMENDMENT.—Section 31112 of title 49, United States Code, is amended in subsection (b) by striking “by the Secretary of Transportation under section 31111(e) of this title” and inserting “in part 658 of title 23, Code of Federal Regulations”.

(3) SECTION 31113 AMENDMENT.—Section 31113 of title 49, United States Code, is amended—

(A) by amending subsection (a) to read as follows:

“(a) General limitations.—Except as provided in subsection (e) of this section, a State (except Hawaii) may not prescribe or enforce a regulation of commerce that imposes a vehicle width limitation of more or less than 102 inches on a commercial motor vehicle operating on the National Highway System or the National Freight Network.”;

(B) in subsection (d) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section) or other qualifying Federal-aid highway designated by the Secretary” and inserting “the National Highway System or National Freight Network”; and

(C) in subsection (e)—

(i) in paragraph (1) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways” and inserting “the National Highway System or National Freight Network”;

(ii) in paragraph (2) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways” and inserting “the National Highway System or National Freight Network”; and

(iii) in paragraph (4)(A) by striking “the Dwight D. Eisenhower System of Interstate and Defense Highways” and inserting “the National Highway System or National Freight Network”.

(4) SECTION 31114 AMENDMENT.—Section 31114 of title 49, United States Code, is amended—

(A) in the section heading by striking “Interstate System” and inserting “National Highway System and National Freight Network”; and

(B) by amending subsection (a)(1) to read as follows:

“(1) the National Highway System or the National Freight Network; and”.

(b) Delayed Applicability.—The Secretary shall not enforce the amendments made by this section until 3 years after the effective date of this Act.

SEC. 1201. Transportation system resilience assessment.

(a) Section 134 amendment.—Section 134 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), (8), (10), and (11), respectively;

(B) by inserting before paragraph (4), as redesignated, the following:

“(1) ADAPTATION.—The term ‘adaptation’ means adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses beneficial opportunities or moderates negative effects of extreme weather events or climate change.

“(2) CLIMATE CHANGE.—The term ‘climate change’ means any significant change in the measures of climate lasting for an extended period of time. This may include major changes in temperature, precipitation, or wind patterns, among others, that occur over several decades or longer.

“(3) CRITICAL HIGHWAY AND TRANSIT ASSETS.—The term ‘critical highway and transit assets’ means transportation facilities considered critical to support population centers, freight movement and economic activity, or evacuation, recovery or national security functions.”; and

(C) by inserting before paragraph (10), as redesignated, the following:

“(9) RESILIENCE.—The term ‘resilience’ means the ability to anticipate, prepare for, and adapt to changing conditions and to withstand, respond to, and recover rapidly from disruptions, including extreme weather events and climate change.”; and

(2) in subsection (i)(2)—

(A) by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (F), (G), (H), and (I), respectively; and

(B) by inserting before subparagraph (F), as redesignated, the following:

“(E) ADAPTATION AND RESILIENCE.—

“(i) IN GENERAL.—In order to protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of Federal resources, the long-range transportation plan shall include—

“(I) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and

“(II) an explanation of potential strategies for the adaptation of those critical assets.

“(ii) CONSULTATION AND COORDINATION.—The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549).”.

(b) Section 135 amendment.—Section 135(f) of title 23, United States Code, is amended by adding at the end the following:

“(10) ADAPTATION AND RESILIENCE.—

“(A) IN GENERAL.—To protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of Federal resources, the long-range transportation plan shall include—

“(i) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and

“(ii) an explanation of potential strategies for the adaptation of those critical assets.

“(B) CONSULTATION AND COORDINATION.—The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549).”.

(c) Section 5303 amendment.—Section 5303 of title 49, United States Code, is amended—

(1) in subsection (b)—

(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), (8), (10), and (11), respectively;

(B) by inserting before paragraph (4), as redesignated, the following:

“(1) ADAPTATION.—The term ‘adaptation’ means an adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses beneficial opportunities or moderates negative effects of extreme weather events or climate change.

“(2) CLIMATE CHANGE.—The term ‘climate change’ means any significant change in the measures of climate lasting for an extended period of time. This may include major changes in temperature, precipitation, or wind patterns, among others, that occur over several decades or longer.

“(3) CRITICAL HIGHWAY AND TRANSIT ASSETS.—The term ‘critical highway and transit assets’ means transportation facilities considered critical to support population centers, freight movement and economic activity, or evacuation, recovery or national security functions.”; and

(C) by inserting before paragraph (10), as redesignated, the following:

“(9) RESILIENCE.—The term ‘resilience’ means the ability to anticipate, prepare for, and adapt to changing conditions and to withstand, respond to, and recover rapidly from disruptions, including extreme weather events and climate change.”; and

(2) in subsection (i)(2)—

(A) by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (F), (G), (H), and (I), respectively; and

(B) by inserting before subparagraph (F), as redesignated, the following:

“(E) ADAPTATION AND RESILIENCE.—

“(i) IN GENERAL.—To protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of Federal resources, the long-range transportation plan shall include—

“(I) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and

“(II) an explanation of potential strategies for the adaptation of those critical assets.

“(ii) CONSULTATION AND COORDINATION.—The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549).”.

(d) Section 5304 amendment.—Section 5304(f) of title 49, United States Code, is amended by adding at the end the following:

“(10) ADAPTATION AND RESILIENCE.—

“(A) IN GENERAL.—To protect the integrity and enhance the resilience of the transportation system and ensure the efficient use of Federal resources, the long-range transportation plan shall include—

“(i) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and

“(ii) an explanation of potential strategies for the adaptation of those critical assets.

“(B) CONSULTATION AND COORDINATION.—The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549).”.

SEC. 1202. Consolidated and high performing metropolitan planning organizations.

(a) Consolidation of metropolitan planning organizations.—

(1) SECTION 134 AMENDMENT.—Section 134(d)(6) of title 23, United States Code, is amended to read as follows:

“(6) CONSOLIDATION OF METROPOLITAN PLANNING ORGANIZATIONS WITHIN URBANIZED AREAS.—

“(A) LIMITATION ON NEW METROPOLITAN PLANNING ORGANIZATION DESIGNATIONS.—A metropolitan planning organization shall not be newly designated—

“(i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or

“(ii) outside of a metropolitan statistical area.

“(B) MULTIPLE EXISTING METROPOLITAN PLANNING ORGANIZATIONS.—If multiple existing metropolitan planning organizations are designated within a metropolitan statistical area—

“(i) the metropolitan planning organizations may—

“(I) retain their designation as distinct metropolitan planning organizations; or

“(II) be consolidated by agreement between the metropolitan planning organizations;

“(ii) the Governor (or Governors) and the existing metropolitan planning organizations shall—

“(I) revisit a determination to remain unconsolidated every 10 years, beginning two years after the next decennial census; and

“(II) provide justification to the Secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area; and

“(iii) where multiple metropolitan planning organizations exist within a single metropolitan statistical area, they shall cooperate with one another to—

“(I) develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans; and

“(II) establish a single set of performance targets that address the performance measures described in section 150(c) for use in developing individual performance targets in accordance with section 134(h)(2).”.

(2) SECTION 5303 AMENDMENT.—Section 5303(d)(6) of title 49, United States Code, is amended to read as follows:

“(6) CONSOLIDATION OF METROPOLITAN PLANNING ORGANIZATIONS WITHIN URBANIZED AREAS.—

“(A) LIMITATION ON NEW METROPOLITAN PLANNING ORGANIZATION DESIGNATIONS.—A metropolitan planning organization shall not be newly designated—

“(i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or

“(ii) outside of a metropolitan statistical area.

“(B) MULTIPLE EXISTING METROPOLITAN PLANNING ORGANIZATIONS.—If multiple existing metropolitan planning organizations are designated within a metropolitan statistical area—

“(i) the metropolitan planning organizations may—

“(I) retain their designation as distinct metropolitan planning organizations; or

“(II) be consolidated by agreement between the metropolitan planning organizations;

“(ii) the Governor (or Governors) and the existing metropolitan planning organizations shall—

“(I) revisit a determination to remain unconsolidated every 10 years, beginning two years after the next decennial census; and

“(II) provide justification to the Secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area; and

“(iii) where multiple metropolitan planning organizations exist within a single metropolitan statistical area, they shall cooperate with one another to—

“(I) develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans; and

“(II) establish a single set of performance targets that address the performance measures described in section 150(c) of title 23, United States Code, for use in developing individual performance targets in accordance with subsection (h)(2) and sections 5326(c) and 5329(d) of this title.”.

(3) DEFINITIONS.—

(A) HIGHWAY DEFINITION.—Section 134(b) of title 23, United States Code, as amended by section 1201(a) of this Act, is further amended by—

(i) redesignating paragraphs (3) through (11) as paragraphs (4) through (12); and

(ii) inserting after paragraph (2) the following:

“(3) CONSOLIDATED METROPOLITAN PLANNING ORGANIZATION.—The term ‘consolidated metropolitan planning organization’ means a sole metropolitan planning organization that serves a metropolitan statistical area.”.

(B) TRANSIT DEFINITION.—Section 5303(b) of title 49, United States Code, as amended by section 1201(c) of this Act is further amended by—

(i) redesignating paragraphs (3) through (11) as paragraphs (4) through (12); and

(ii) inserting after paragraph (2) the following:

“(3) CONSOLIDATED METROPOLITAN PLANNING ORGANIZATION.—The term ‘consolidated metropolitan planning organization’ means a sole metropolitan planning organization that serves a metropolitan statistical area.”.

(b) Designation of high performing metropolitan planning organizations.—

(1) SECTION 134 AMENDMENT.—Section 134 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(r) High performing metropolitan planning organizations.—

“(1) IN GENERAL.—A metropolitan planning organization that represents an urbanized area with a population of over 200,000 individuals may request a high performing metropolitan planning organization designation from the Secretary.

“(2) CRITERIA.—In making a high performing metropolitan planning organization designation, the Secretary shall consider—

“(A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking;

“(B) the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section 150 of this title and sections 5303(h)(2), 5326(c) and 5329(d) of title 49 into its planning process;

“(C) whether the metropolitan planning organization is a consolidated metropolitan planning organization;

“(D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area;

“(E) the technical capacity of the metropolitan planning organization; and

“(F) other criteria established by the Secretary in guidance.

“(3) REVIEW.—A designation under paragraph (1) shall stay in effect for 10 years from the date of designation.”.

(2) SECTION 5303 AMENDMENT.—Section 5303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(r) High performing metropolitan planning organizations.—

“(1) IN GENERAL.—A metropolitan planning organization that represents an urbanized area with a population of over 200,000 individuals may request a high performing metropolitan planning organization designation from the Secretary.

“(2) CRITERIA.—In making a high performing metropolitan planning organization designation, the Secretary shall consider—

“(A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking;

“(B) the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section 150 of title 23, United States Code, subsection (h)(2), and sections 5326(c) and 5329(d) of this title into its planning process;

“(C) whether the metropolitan planning organization is a consolidated metropolitan organization;

“(D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area;

“(E) the technical capacity of the metropolitan planning organization; and

“(F) other criteria established by the Secretary in guidance.

“(3) REVIEW.—A designation under paragraph (1) shall stay in effect for 10 years from the date of designation.”.

(c) Surface transportation incentive funds.—Section 133(d)(1) of title 23, United States Code, is amended to read as follows:

“(1) CALCULATION.—The funds apportioned to a State under section 104(b)(2) shall be obligated as follows:

“(A) SUBALLOCATED FUNDS.—50 percent of the funds for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State—

“(i) in urbanized areas of the State with an urbanized area population over 200,000;

“(ii) in urban areas of the State with a population of 5,000 to 200,000; and

“(iii) in areas of the State with a population of fewer than 5,000.

“(B) STATEWIDE FUNDS.—25 percent of the funds for a fiscal year may be obligated in any area of the State.

“(C) HIGH PERFORMING METROPOLITAN PLANNING ORGANIZATIONS.—

“(i) IN GENERAL.—25 percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph (A)(i) that are served by high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code). Any funds remaining under this clause shall be obligated in any area of the State under subparagraph (B).

“(ii) AMOUNT.—The amount to be obligated under clause (i) in an urbanized area served by a high performing metropolitan planning organization shall equal 50 percent of the amount to be obligated in that urbanized area under paragraph (4) and is in addition to the amount under such paragraph.”.

(d) Transportation alternatives incentive funds.—Section 213(c)(1) of such title is amended to read as follows:

“(1) CALCULATION.—The funds reserved to a State shall be obligated as follows:

“(A) SUBALLOCATED FUNDS.—50 percent of the funds for a fiscal year shall be obligated under this section to any eligible entity in proportion to its relative share of the population of the State—

“(i) in urbanized areas of the State with an urbanized area population over 200,000;

“(ii) in urban areas of the State with a population of 5,000 to 200,000; and

“(iii) in areas of the State with a population of fewer than 5,000.

“(B) STATEWIDE FUNDS.—25 percent of the funds for a fiscal year may be obligated in any area of the State.

“(C) HIGH PERFORMING METROPOLITAN PLANNING ORGANIZATIONS.—

“(i) IN GENERAL.—25 percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph (A)(i) that are served by high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code). Any funds remaining under this clause shall be obligated in any area of the State under subparagraph (B).

“(ii) AMOUNT.—The amount to be obligated under clause (i) in an urbanized area served by a high performing metropolitan planning organization shall equal 50 percent of the amount to be obligated in that urbanized area under paragraph (3) and is in addition to the amount under such paragraph.”.

(e) Obligation authority.—Section 133(f) of such title is amended—

(1) in paragraph (1), by—

(A) striking “A State” and inserting “Except as provided in paragraph (2), a State”; and

(B) striking “fiscal years 2011 through 2014” and inserting “fiscal years 2016 through 2018 and the period of fiscal years 2019 through 2021”;

(2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:

“(2) HIGH PERFORMING METROPOLITAN PLANNING ORGANIZATIONS.—

“(A) IN GENERAL.—A State that is required to obligate in an urbanized area under subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall make available to such urbanized area on an annual basis an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—

“(i) the amount of funds that the State is required to obligate in the area under such subsections; and

“(ii) the ratio specified in paragraph (1)(B).

“(B) AVAILABILITY.—The obligation authority that a State makes available to an urbanized area under subparagraph (A) shall remain available for a period of four fiscal years.”; and

(3) in paragraph (3), as redesignated, by striking “paragraph (1)” and inserting “paragraphs (1) and (2)”.

(f) Distribution of metropolitan planning funds.—Section 104(d)(2)(A) of such title is amended—

(1) in clause (i), by striking “; and” and inserting “;”;

(2) by redesignating clause (ii) as clause (iii); and

(3) by inserting after clause (i) the following:

“(ii) prioritizes the needs of high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code); and”.

(g) Technical correction.—Subsection 133(h)(1) of such title is amended by striking “for each of fiscal years 2013 through 2014” and inserting “each fiscal year”.

SEC. 1203. Participation of public port authorities.

(a) Section 134 amendment.—Section 134(i)(6)(A) of title 23, United States Code, is amended by inserting “public ports,” before “freight shippers”.

(b) Section 135 amendment.—Section 135(g)(3) of title 23, United States Code, is amended by inserting “public ports,” before “freight shippers”.

(c) Section 5303 amendment.—Section 5303(i)(6)(A) of title 49, United States Code, is amended by inserting “public ports,” before “freight shippers”.

(d) Section 5304 amendment.—Section 5304(g)(3) of title 49, United States Code, is amended by inserting “public ports,” before “freight shippers”.

SEC. 1204. Strengthening the statewide and nonmetropolitan planning process.

(a) Section 135 amendment.—Section 135 of title 23, United States Code, is amended—

(1) in subsection (f)(5) by striking “may” and inserting “shall”;

(2) in subsection (f)(7)—

(A) by striking “should” and inserting “shall”; and

(B) by striking the final “;” and inserting “.”;

(3) in subsection (g)(5)(F)(i) by striking “may” and inserting “shall”; and

(4) by striking subsection (g)(8) and inserting the following:

“(8) CERTIFICATION PROCESS.—

“(A) IN GENERAL.—At least once every 4 years the Secretary shall certify that each State has met the requirements of—

“(i) this section; and

“(ii) other Federal laws, regulations, and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes.

“(B) FAILURE TO MEET CERTIFICATION.—If a State does not meet such certification, the Secretary may withhold up to 20 percent of the funds attributable to such State for projects funded under this title and chapter 53 of title 49.

“(C) RESTORATION OF FUNDS.—The withheld funds shall be restored to the State at such time as the State process is certified by the Secretary.

“(D) PUBLIC INVOLVEMENT.—In making the certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the State under review.”.

(b) Section 5304 amendment.—Section 5304 of title 49, United States Code, is amended—

(1) in subsection (f)(5) by striking “may” and inserting “shall”;

(2) in subsection (f)(7) by striking “should” and inserting “shall”;

(3) in subsection (g)(5)(F)(i) by striking “may” and inserting “shall”; and

(4) by striking subsection (g)(8) and inserting the following:

“(8) CERTIFICATION PROCESS.—

“(A) IN GENERAL.—At least once every 4 years the Secretary shall certify that each State has met the requirements of—

“(i) this section; and

“(ii) other Federal laws, regulations, and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes.

“(B) FAILURE TO MEET CERTIFICATION.—If a State does not meet such certification, the Secretary may withhold up to 20 percent of the funds attributable to such State for projects funded under this title and chapter 53 of title 49.

“(C) RESTORATION OF FUNDS.—The withheld funds shall be restored to the State at such time as the State process is certified by the Secretary.

“(D) PUBLIC INVOLVEMENT.—In making the certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the State under review.”.

SEC. 1205. Removal of the congestion management process.

(a) Section 134 amendment.—Section 134 of title 23, United States Code, is amended—

(1) by striking subsection (k)(3) and redesignating subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), respectively; and

(2) by striking subsection (n) and redesignating subsections (o) through (q) as subsections (n) through (p), respectively.

(b) Section 135 amendment.—Section 135 of title 23, United States Code, is amended by striking subsection (j) and redesignating subsections (k) through (m) as subsections (j) through (l), respectively.

(c) Section 5303 amendment.—Section 5303 of title 49, United States Code, is amended—

(1) by striking subsection (k)(3) and redesignating subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), respectively; and

(2) by striking subsection (n) and redesignating subsections (o) through (q) as subsections (n) through (p), respectively.

(d) Section 5304 amendment.—Section 5304 of title 49, United States Code, is amended by striking subsection (i) and redesignating subsections (j) through (l) as subsections (i) through (k), respectively.

SEC. 1206. Public involvement in plan development.

(a) Section 134 amendment.—Section 134(i) of title 23, United States Code, is amended—

(1) in paragraph (4), by inserting after subparagraph (C) the following:

“(D) PUBLIC INVOLVEMENT.—Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios.”; and

(2) in paragraph (6), by striking “comment on the transportation plan” and inserting “provide input during the development and implementation of the transportation plan”.

(b) Section 135 amendment.—Section 135(f)(3)(A)(ii) of title 23, United States Code, is amended by striking “comment on the transportation plan” and inserting “provide input during the development of the transportation plan”.

(c) Section 5303 amendment.—Section 5303(i) of title 49, United States Code, is amended—

(1) in paragraph (4), by inserting after subparagraph (C) the following:

“(D) PUBLIC INVOLVEMENT.—Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios.”; and

(2) in paragraph (6), by striking “comment on the transportation plan” and inserting “provide input during the development and implementation of the transportation plan”.

(d) Section 5304 amendment.—Section 5304(f)(3)(A)(ii) of title 49, United States Code, is amended by striking “comment on the proposed plan” and inserting “provide input during the development of the transportation plan”.

SEC. 1207. Connection to opportunities national goal and potential performance measure.

(a) Transportation connections to opportunities.—Section 150(b) of title 23, United States Code, is amended—

(1) in paragraph (2), by striking “highway infrastructure asset system” and inserting “infrastructure asset system under title 23”; and

(2) by adding at the end the following:

“(8) MULTIMODAL CONNECTIVITY.—To achieve an interconnected transportation system which connects people to jobs, schools, and other essential services through a multimodal network.”.

(b) Establishment of performance measures.—Section 150(c) of title 23, United States Code, is amended—

(1) in paragraph (1), by inserting “as listed in paragraphs (3), (4), (5) and (6)” before the period at the end; and

(2) by adding the following at the end:

“(7) MULTIMODAL FREIGHT.—The Secretary may, in accordance with the National Freight Strategic Plan, establish Performance Measures to assess the efficiency of the multimodal freight network.

“(8) TRANSPORTATION CONNECTIVITY.—The Secretary may, in accordance with the framework established in section 134 of this title (Measuring Transportation Connections to Opportunity), establish a Performance Measure to be used by MPOs to assess the degree to which the transportation system provides multimodal connections to economic opportunities, particularly for disadvantaged populations.”.

SEC. 1208. Workforce development.

Section 140(b) of title 23, United States Code, is amended to read as follows:

“(b) Workforce training and development.—

“(1) IN GENERAL.—The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes.

“(2) STATE DOT RESPONSIBILITIES.—A State department of transportation participating in the program shall—

“(A) develop a workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities, and a detailed plan to fill gaps and address such underrepresentation;

“(B) establish a ‘workforce development compact’ with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce development board under 29 U.S.C. 3111, that has established skills training, recruitment, and placement resources; and

“(C) demonstrate program outcomes, including—

“(i) impact on areas with transportation workforce shortages;

“(ii) diversity of training participants;

“(iii) number and percentage of participants obtaining certifications or credentials required for specific types of employment;

“(iv) employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and

“(v) to the extent practical, evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter.

“(3) FUNDING.—Funds authorized for the program under paragraph (1) of this subsection shall remain available until expended.

“(4) NONAPPLICABILITY OF TITLE 41.—The provisions of section 6101 (b) through (d) of title 41 shall not be applicable to contracts and agreements made under the authority granted under this subsection to the Secretary.

“(5) USE OF SURFACE TRANSPORTATION AND NATIONAL HIGHWAY PERFORMANCE PROGRAM FUNDS.—Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under section 104(b) (1) or (2) may be available to carry out this subsection upon request of the State transportation department to the Secretary.

“(6) JOB-DRIVEN SKILLS TRAINING INCENTIVE.—

“(A) IN GENERAL.—In a fiscal year, the Secretary shall provide incentive funding to States for transportation workforce development, including skills training, on-the-job training, and work-based learning, including apprenticeship programs that are registered under the National Apprenticeship Act (29 U.S.C. 50 et seq.) leading to credential attainment, employment, and career pathways for disadvantaged populations.

“(B) ELIGIBILITY.—

“(i) LEVERAGING EXISTING FUNDS.—If a State agrees to obligate in a fiscal year funds apportioned to the State under section 104(b) (1) or (2) for the purposes authorized in paragraph (1), the Secretary may provide up to twice the amount the State has agreed to obligate for such purposes.

“(ii) DEMONSTRATING SUCCESS IN SKILLS TRAINING, RECRUITMENT, AND JOB PLACEMENT.—The Secretary may provide incentive funding to up to 20 States that demonstrate that their program under paragraph (2)—

“(I) operates in partnership with an institution or agency, such as a State workforce development board under 29 U.S.C. 3111, that has established skills training, recruitment, and placement resources;

“(II) successfully places individuals in permanent jobs, as measured by a job placement, retention, and earnings metrics established by the Secretary; and

“(III) establishes recruitment strategies that result in positive employment outcomes for minorities, women, and disadvantaged individuals.

“(C) GRANTS.—

“(i) IN GENERAL.—A State may provide incentive funds received under this paragraph to an institution or agency, such as a State workforce development board under 29 U.S.C. 3111, that has established skills training, recruitment, and placement resources for use consistent with subparagraph (A).

“(ii) COMPLIANCE.—A State that provides funds to an entity under clause (i) shall establish measures to verify that recipients of such funds comply with the requirements of this subsection.

“(D) FEDERAL SHARE.—The Federal share for incentive funding under this paragraph may be up to 100 percent.”.

SEC. 1209. Measuring transportation connectivity pilot activities.

(a) Title 23.—Section 134 of title 23, United States Code, as amended by this Act, is further amended by inserting after subsection (p), as redesignated, the following:

“(q) Measuring transportation connections to opportunity.—

“(1) CONNECTION TO OPPORTUNITY PILOT PROGRAM.—

“(A) ESTABLISHMENT.—The Secretary shall establish a pilot program in which up to ten metropolitan planning organizations shall develop and deploy one or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options.

“(B) PILOT LOCATIONS.—The Secretary shall select up to ten metropolitan planning organizations in up to ten locations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1 million residents, which shall include—

“(i) metropolitan planning organizations that can demonstrate previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and

“(ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees.

“(C) PILOT PROGRAM ACTIVITIES.—

“(i) TRANSPORTATION CONNECTIVITY INVENTORY.—Within 6 months of selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations shall develop an inventory of transportation assets within the urbanized planning area they represent, which will describe—

“(I) the condition of key highway, transit, bicycle, and pedestrian facilities;

“(II) the degree to which these facilities provide residents with connections to economic opportunities, including but not restricted to job centers and schools;

“(III) the identity and location of disadvantaged populations within the planning area; and

“(IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to economic opportunities.

“(ii) PERFORMANCE INDICATORS.—Within one year of selection, metropolitan planning organizations in pilot locations shall apply the baseline data developed in the Transportation Connectivity Inventory to adopt one or more provisional indicators to measure multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to populations identified in clause (i)(III), and appropriate to local assets and needs.

“(iii) DATA COLLECTION AND REPORTING.—Metropolitan planning organizations in pilot locations shall collect and report baseline and annual performance data on multimodal transportation connectivity to opportunity, and shall report that data to the Secretary for the duration of the pilot project.

“(iv) KNOWLEDGE-SHARING.—Metropolitan planning organizations designated as mentor grantees shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance, as appropriate to their existing level of performance measurement capacity.

“(v) PROJECT IMPLEMENTATION.—Notwithstanding section 120 of this title, a metropolitan planning organization may use funds remaining after the completion of the Transportation Connectivity Inventory, provisional measure, and related tracking activities for the non-Federal share to implement projects within the metropolitan planning area that are reasonably anticipated to address system gaps and improve performance according to the locally adopted provisional multimodal transportation connectivity measures.

“(2) NATIONAL PERFORMANCE MEASURE DEVELOPMENT ACTIVITIES.—The Secretary shall reserve up to a cumulative maximum of $9,000,000 of the amount authorized for this subsection over the period of fiscal years 2016 through 2021 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunities provided by the transportation network, including the following activities:

“(A) NATIONAL TECHNICAL ASSISTANCE AND PEER EXCHANGE FORUMS.—The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and MPOs to discuss Pilot Program findings, and shall establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned.

“(B) CONNECTION TO OPPORTUNITY FINAL REPORT.—At the end of the Connection to Opportunity Pilot Program, the Department shall produce in consultation with the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Commerce and the Administrator of the Environmental Protection Agency, and seek public comment on a final report that documents the outcomes of the Connection to Opportunity Pilot Program. The report shall provide recommendations on the establishment of one or more national multimodal connectivity measures, and shall include—

“(i) results of the pilot locations’ efforts to measure and improve multimodal connectivity;

“(ii) the Secretary’s recommendations for one or more national connectivity measures and integrating them into the Federal transportation performance management framework, in accordance with section 150 of this title; and

“(iii) an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to Federal, State and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity.

“(C) POTENTIAL RULEMAKING.—Following publication of the Connection to Opportunity Final Report, the Secretary, in consultation with State Departments of Transportation, metropolitan planning organizations, and other stakeholders, may promulgate a rulemaking that establishes performance measures and standards as described in section 150(c)(8).”.

(b) Chapter 53.—Section 5303 of title 49, United States Code, as amended by this Act, is further amended by inserting after subsection (p), as redesignated, the following:

“(q) Measuring transportation connections to opportunity.—

“(1) CONNECTION TO OPPORTUNITY PILOT PROGRAM.—

“(A) ESTABLISHMENT.—The Secretary shall establish a pilot program in which up to ten metropolitan planning organizations shall develop and deploy one or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options.

“(B) PILOT LOCATIONS.—The Secretary shall select up to ten metropolitan planning organizations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1 million residents, which shall include—

“(i) metropolitan planning organizations that can demonstrate previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and

“(ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees.

“(C) PILOT PROGRAM ACTIVITIES.—

“(i) TRANSPORTATION CONNECTIVITY INVENTORY.—Within 6 months of selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations shall develop an inventory of transportation assets within the urbanized planning area they represent, which will describe—

“(I) the condition of key highway, transit, bicycle, and pedestrian facilities;

“(II) the degree to which these facilities provide residents with connections to economic opportunities, including but not restricted to job centers and schools;

“(III) the identity and location of disadvantaged populations within the planning area; and

“(IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to economic opportunities.

“(ii) PERFORMANCE INDICATORS.—Within one year of selection, metropolitan planning organizations in pilot locations shall apply the baseline data developed in the Transportation Connectivity Inventory to adopt one or more provisional indicators to measure multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to populations identified in clause (i)(III), and appropriate to local assets and needs.

“(iii) DATA COLLECTION AND REPORTING.—Metropolitan planning organizations in pilot locations shall collect and report baseline and annual performance data on multimodal transportation connectivity to opportunity, and shall report that data to the Secretary for the duration of the pilot project.

“(iv) KNOWLEDGE-SHARING.—Metropolitan planning organizations designated as mentor grantees shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance, as appropriate to their existing level of performance measurement capacity.

“(v) PROJECT IMPLEMENTATION.—Notwithstanding section 120 of this title, a metropolitan planning organization may use funds remaining after the completion of the Transportation Connectivity Inventory, provisional measure, and related tracking activities for the non-Federal share to implement projects within the metropolitan planning area that are reasonably anticipated to address system gaps and improve performance according to the locally adopted provisional multimodal transportation connectivity measures.

“(2) NATIONAL PERFORMANCE MEASURE DEVELOPMENT ACTIVITIES.—The Secretary shall reserve up to a cumulative $9,000,000 of the amount authorized for this subsection over the period of fiscal years 2016 through 2021 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunities provided by the transportation network, including the following activities:

“(A) NATIONAL TECHNICAL ASSISTANCE AND PEER EXCHANGE FORUMS.—The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and MPOs to discuss Pilot Program findings, and shall establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned.

“(B) CONNECTION TO OPPORTUNITY FINAL REPORT.—At the end of the Connection to Opportunity Pilot Program, the Department shall produce and seek public comment on a final report that documents the outcomes of the Connection to Opportunity Pilot Program. The report shall provide recommendations on the establishment of one or more national multimodal connectivity measures, and shall include—

“(i) results of the pilot locations’ efforts to measure and improve multimodal connectivity;

“(ii) the Secretary’s recommendations for one or more national connectivity measures and integrating them into the Federal transportation performance management framework in accordance with section 150 of this title; and

“(iii) an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to Federal, State and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity.

“(C) POTENTIAL RULEMAKING.—Within two years of the publication of the Connection to Opportunity Final Report, the Secretary, in consultation with State Departments of Transportation, metropolitan planning organizations, and other stakeholders, may promulgate a rulemaking that establishes performance measures and standards.”.

SEC. 1210. Performance-based project selection.

(a) Section 134 amendment.—Section 134(j)(2)(D) of title 23, United States Code, is amended to read as follows:

“(D) PERFORMANCE TARGET ACHIEVEMENT.—In adding projects to a transportation improvement program, a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with subsection (h)(2)(B).”.

(b) Section 135 amendment.—Section 135(g)(4) of title 23, United States Code, is amended to read as follows:

“(4) PERFORMANCE TARGET ACHIEVEMENT.—In adding projects to a State transportation improvement program, a State shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support, outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with subsection (f)(7)(A).”.

(c) Section 5303 amendment.—Section 5303(j)(2)(D) of title 49, United States Code, is amended to read as follows:

“(D) PERFORMANCE TARGET ACHIEVEMENT.—In adding projects to a transportation improvement program, a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with section 134(h)(2)(B) of title 23.”.

(d) Section 5304 amendment.—Section 5304(g)(4) of title 49, United States Code, is amended to read as follows:

“(4) PERFORMANCE TARGET ACHIEVEMENT.—In adding projects to a State transportation improvement program, a State shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support, outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with section 135(f)(7)(A) of title 23.”.

SEC. 1211. Stormwater planning.

(a) Section 134 amendment.—Section 134(h)(1) of title 23, United States Code, is amended—

(1) in subparagraph (G), by striking “; and” and inserting “;”;

(2) in subparagraph (H), by striking the final period and inserting “; and”; and

(3) by inserting the following at the end:

“(I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.”.

(b) Section 135 amendment.—Section 135(d)(1) of title 23, United States Code, is amended—

(1) in subparagraph (G), by striking “; and” and inserting “;”;

(2) in subparagraph (H), by striking the final period and inserting “; and”; and

(3) by inserting the following at the end:

“(I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.”.

(c) Section 5303 amendment.—Section 5303(h)(1) of title 49, United States Code, is amended—

(1) in subparagraph (G), by striking “; and” and inserting “;”;

(2) in subparagraph (H), by striking the final period and inserting “; and”; and

(3) by inserting the following at the end:

“(I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.”.

(d) Section 5304 amendment.—Section 5304(d)(1) of title 49, United States Code, is amended—

(1) in subparagraph (G), by striking “; and” and inserting “;”;

(2) in subparagraph (H), by striking the final period and inserting “; and”; and

(3) by inserting the following at the end:

“(I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.”.

SEC. 1301. Eligible projects.

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

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

(2) in paragraph (3), by inserting “or maintenance” after “attainment,”;

(3) in paragraph (4), by striking “is likely to contribute to the attainment of a national ambient air quality standard” and inserting “is likely to contribute to the area’s attainment or maintenance of a national ambient air quality standard”; and

(4) in paragraph (5), by inserting “reduces air pollution and” after “if the program or project”.

SEC. 1302. Special rules.

(a) Transferability of CMAQ funds.—Section 126(a) of title 23, United States Code, is amended by inserting “(or, for an apportionment under section 104(b)(4), 25 percent of the amount apportioned for the fiscal year)” after “for the fiscal year”.

(b) PM–10 nonattainment and maintenance areas.—Section 149(c)(1) of title 23, United States Code, is amended by striking “for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses” and inserting “or maintenance for PM–10 resulting from transportation activities”.

SEC. 1303. Priority consideration.

Section 149(g)(3) of title 23, United States Code, is amended to read as follows:

“(3) PRIORITY CONSIDERATION.—States and metropolitan planning organizations shall give priority—

“(A) in areas designated as nonattainment or maintenance for PM–2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects and programs that are likely to reduce emissions or precursor emissions of PM–2.5, including diesel retrofits; and

“(B) in areas designated as nonattainment or maintenance for ozone under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects and programs that are likely to reduce precursor emissions of ozone.”.

SEC. 1304. Evaluation and assessment of projects.

Section 149(i)(1)(A) of title 23, United States Code, is amended by inserting “that would contribute to attainment or maintenance of a national ambient air quality standard” before the period at the end.

SEC. 1305. Electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas.

(a) In general.—Section 111 of title 23, United States Code, is amended by inserting at the end the following:

“(f) Electric vehicle charging stations and commercial motor vehicle anti-Idling facilities in rest areas.—

“(1) IN GENERAL.—Notwithstanding subsection (a), a State may—

“(A) permit electric vehicle charging stations and commercial motor vehicle anti-idling facilities in a rest area along a highway on the Interstate System in the State, if such stations or facilities will not impair the highway or interfere with the free and safe flow of traffic thereon; and

“(B) charge a fee, or permit the charging of a fee, for the use of such stations or facilities.

“(2) LIMITATION ON USE OF REVENUES.—Notwithstanding subsection (b)(4), a State shall use any revenues received from fees collected under paragraph (1) for projects eligible under this title.”.

(b) Conforming amendments.—

(1) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—Section 149(c)(2) of title 23, United States Code, is amended by striking “except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code”.

(2) JASON’S LAW.—Section 1401(d) of the Moving Ahead for Progress in the 21st Century Act (23 U.S.C. 137 note), is amended—

(A) in paragraph (1) by striking “Except as provided in paragraph (2), a” and inserting “A”;

(B) by striking paragraph (2); and

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

SEC. 1401. 21st century infrastructure investments.

(a) In general.—Title 49, United States Code, is amended by inserting the following after chapter 55:

“CHAPTER 5621ST CENTURY INFRASTRUCTURE INVESTMENTS


“Sec.

“5601. .‘TIGER.’ infrastructure investment grants.

“5602. Fixing and Accelerating Surface Transportation grants.

§ 5601. ‘TIGER’ infrastructure investment grants

“(a) Establishment.—There is established in the Department a discretionary grant program, to be known as the ‘TIGER Infrastructure Grant Program’ and to be administered by the Secretary.

“(b) Purpose.—Funds authorized under this section shall be available for discretionary grants to be provided on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region.

“(c) Eligible Applicants.—Applicants eligible for funding under this section include State, local, and Tribal governments, including U.S. territories, transit agencies, port authorities, metropolitan planning organizations, other political subdivisions of State or local governments, and multi-State or multi-jurisdictional groups applying through a single lead applicant.

“(d) Eligible projects.—Projects eligible for funding under this section include the following:

“(1) Highway or bridge projects eligible under title 23, United States Code (including bicycle and pedestrian related projects).

“(2) Public transportation projects eligible under chapter 53 of title 49, United States Code.

“(3) Passenger and freight rail transportation projects.

“(4) Port infrastructure investments.

“(5) Intermodal projects.

“(6) Activities related to—

“(A) the planning, preparation, or design of a single surface transportation project; or

“(B) regional transportation investment planning, including transportation planning that is coordinated with interdisciplinary factors including housing development, economic competitiveness, network connectivity, stormwater and other infrastructure investments, or that addresses future risks and vulnerabilities, including extreme weather and climate change.

“(e) Geographic distribution.—

“(1) EQUITABLE DISTRIBUTION.—In awarding funds under this section, the Secretary shall take measures to ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities and the investment in a variety of transportation modes.

“(2) RURAL PROJECTS.—Not less than 20 percent of the funds provided under this section shall be for projects located in rural areas. For the purposes of the TIGER program, rural areas are those outside of an urbanized area as defined by the U.S. Census Bureau.

“(3) LIMITATION BY STATE.—Not more than 25 percent of the funds provided under this section may be awarded to projects in a single State.

“(f) Grant program criteria, solicitation and award.—In administering the grant program under this section, the Secretary shall, within 90 days of the enactment of this section, publish grant program criteria on which to base the competition for any grants awarded under this section.

“(g) Planning grants.—The Secretary may use up to 10 percent of the funds authorized under this section to fund the activities specified in subsection (d)(6).

“(h) Federal share.—

“(1) IN GENERAL.—The Federal share of the costs for which an expenditure is made under this section shall be up to 80 percent.

“(2) RURAL AREAS.—The Secretary may provide a Federal share of up to 100 percent for a project in a rural area.

“(3) PRIORITY.—In establishing grant program criteria pursuant to subsection (g), the Secretary shall include priority for projects that request a smaller Federal share.

“(i) Davis-Bacon requirement.—Projects conducted using funds provided under this section shall comply with the requirements of the Davis-Bacon Act, subchapter IV of chapter 31 of title 40, United States Code.

“(j) Administrative expenses.—

“(1) IN GENERAL.—The Secretary may use up to 1.5 percent of the funds authorized under this section to administer—

“(A) the grant program authorized under this section;

“(B) the Supplemental Discretionary Grants for a National Surface Transportation System provided for in Public Law 111–5; and

“(C) the National Infrastructure Investments provided for in Public Laws 111–117, 112–10, 113–6, and 113–235.

“(2) AVAILABILITY.—The funds made available under paragraph (1) shall remain available until expended.

“(k) TIFIA subsidy and administrative costs.—The Secretary may use up to 10 percent of the funds authorized under this section to pay the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that the use of the funds would advance the purposes of this section.

“(l) Transfer authority.—Funds authorized under this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project.

“(m) Interagency coordination and cooperation.—

“(1) IN GENERAL.—The Secretary shall coordinate and cooperate with other Federal agencies in carrying out the grant program authorized under this section if the Secretary finds that such coordination and cooperation would advance the purposes of this section.

“(2) INTERAGENCY AUTHORITY.—The Secretary may accept and provide services from other Federal agencies with or without reimbursement in order to further the purposes of this section.

“(3) INTERAGENCY DELEGATION OF AUTHORITY.—The Secretary may delegate the authority to issue or administer grants pursuant to this section to other Federal agencies in the interest of administrative or programmatic efficiency if the Secretary finds that such delegation would advance the purposes of this section.

“(n) Authorizations.—

“(1) IN GENERAL.—There is authorized to be appropriated from the Multimodal Account of the Transportation Trust Fund to carry out this section—

“(A) $1,250,000,000 for fiscal year 2016;

“(B) $1,250,000,000 for fiscal year 2017;

“(C) $1,250,000,000 for fiscal year 2018;

“(D) $1,250,000,000 for fiscal year 2019;

“(E) $1,250,000,000 for fiscal year 2020; and

“(F) $1,250,000,000 for fiscal year 2021.

“(2) AVAILABILITY.—Funds authorized under this subsection—

“(A) shall be available for obligation on October 1 of the fiscal year for which they are authorized; and

“(B) except as specified in subsection (j), shall remain available for obligation for a period of 2 years after the year for which they are authorized.

§ 5602. Fixing and accelerating surface transportation grants

“(a) Establishment.—There is established in the Department a discretionary grant program, to be known as the ‘FAST Grant Program’ and to be administered by the Secretary. The program shall be a competitive program and designed to reform the way transportation investments and decisions are made, implemented, and funded to achieve National transportation outcomes, by promoting the implementation of policies and procedures that generate long-term, institutionalized changes, and support performance-based management of the transportation system to improve transportation outcomes.

“(b) Best practices.—Evaluations of applications for funding under this section shall be based in part on the extent to which the applicant has adopted or implemented best practices, including—

“(1) commitment to sustainable and innovative non-Federal sources of transportation funding, including value capture and authority for local governments to raise funding for transportation, that provide flexibility to make investments across all modes of transportation and convey the full social cost of travel decisions to users;

“(2) development and incorporation of analytical tools in the investment decisionmaking process, including benefit cost analysis; other economic analyses; watershed-driven web-based geographic information systems; and use of innovations in design, procurement and purchasing to improve project delivery and efficiency and reduce costs;

“(3) use of operating practices and deployment of technologies that increase the efficient use of transportation system capacity and reduce the need to invest in new highway capacity;

“(4) adoption of laws, rules and regulations, and commitment of resources toward practices that have been demonstrated to reduce transportation-related fatalities and injuries;

“(5) integration of transportation planning and investment decisions with other land-use and economic development decisions, including water infrastructure and broadband deployment, to improve connectivity and accessibility and to focus transportation investments near existing infrastructure;

“(6) adoption of laws, regulations, and practices that have been demonstrated to reduce energy use, improve air and water quality, reduce or mitigate stormwater impacts, promote long-term management of stormwater from surface transportation assets, reduce greenhouse gas emissions, improve community adaptability and resilience, enhance community health and quality of life, and expand transportation choices; and

“(7) improvements to regional governance that increase metropolitan planning organization capacity and strengthens local and stakeholder input, particularly traditionally underrepresented populations, into project selection.

“(c) Eligible Applicants.—States, the District of Columbia, Puerto Rico, U.S. territories (as defined in section 165(c) of title 23, United States Code), Tribal governments, and metropolitan planning organizations are eligible applicants for funding under this section, provided that—

“(1) States, the District of Columbia, Puerto Rico, U.S. territories, and Tribal applicants demonstrate meaningful participation of metropolitan planning organizations, local governments, or transit agencies within the applicant’s jurisdiction in the development of the application;

“(2) metropolitan planning organizations include, as partners in their applications, the State (or the District of Columbia, as appropriate), local governments, or transit agencies required to carry out the best practices relied on in their application; and

“(3) the applicant has experience in successfully and independently administering Federal-aid highway or transit programs or projects.

“(d) List of projects.—Applicants shall submit a program of transportation projects that are related to the best practices identified in subsection (b) to demonstrate how funds, if awarded under this section, will be spent. The list of projects shall—

“(1) with regard to State applications, be developed with, and include priorities of, metropolitan planning organizations within the applicant’s jurisdiction as identified in the metropolitan planning organization’s Transportation Improvement Programs;

“(2) demonstrate strong return on investment and competitive value for taxpayer money by means of a benefit-cost analysis and consideration of alternatives; and

“(3) further the best practices and reform initiatives identified under subsection (b) and relied upon in the application.

“(e) Award of funds.—The Federal Highway Administrator and Federal Transit Administrator shall—

“(1) competitively award funds under this section in one fiscal year or over multiple fiscal years;

“(2) withhold a reasonable amount of funds under this section for administration of the program, but not to exceed $25,000,000 per year;

“(3) devise a methodology for the size of awards under this program based on an applicant’s share of the Federal transportation allocated or formula funding, subject to the provision in paragraph (4);

“(4) make awards of no less than $50,000,000, except that this paragraph shall not apply to awards made to a Tribal government or a U.S. territory; and

“(5) in awarding funds under this section (other than under subsection (j)), ensure an appropriate balance in addressing the needs of urban and rural communities.

“(f) Eligible activities.—Funds provided under this program shall be used for capital or planning expenses for—

“(1) highway or bridge projects eligible for funding under title 23, United States Code (including bicycle and pedestrian-related projects);

“(2) public transportation projects eligible for funding under chapter 53 of title 49, United States Code;

“(3) passenger and freight rail transportation projects;

“(4) maritime port infrastructure investments eligible for funding under chapter 503 of title 46;

“(5) domestic short sea shipping projects eligible for funding under chapter 556 of title 46; and

“(6) intermodal projects combining any of the above.

“(g) Criteria for grant selection.—In awarding a grant under this subsection, the Secretary shall consider the extent to which the application—

“(1) demonstrates the greatest performance as well as applicants that have made the greatest progress in implementing the best practices listed in subsection (b);

“(2) promotes National transportation priorities, including—

“(A) reducing transportation fatalities and serious injuries;

“(B) strengthening economic competitiveness, including multimodal goods movement and coordination of transportation and economic development investments;

“(C) improving the state of repair of the transportation system and enhancing community adaptability and resilience;

“(D) enhancing community health and improving quality of life by increasing access to active transportation infrastructure, jobs and essential services, particularly for underserved populations;

“(E) improving asset performance by reducing congestion through demand management strategies, particularly strategies that curb demand for single occupancy vehicle travel;

“(F) improving the efficiency of project development and system performance and reducing the cost of projects and maintenance of the transportation system; and

“(G) adoption of laws, regulations, and practices that have been demonstrated to reduce energy use, improve air and water quality, reduce or mitigate stormwater impacts, promote long-term management of stormwater from surface transportation assets, reduce greenhouse gas emissions, improve community adaptability and resilience, encourage groundwater recharge, enhance community health and quality of life, and expand transportation choices; and

“(3) meets other criteria the Secretary requires.

“(h) Funding.—

“(1) AUTHORIZED FUNDING.—There is authorized to be appropriated for each of fiscal years 2016 through 2021 to carry out this section—

“(A) $500,000,000 from the Highway Account of the Transportation Trust Fund; and

“(B) $500,000,000 from the Mass Transit Account of the Transportation Trust Fund.

“(2) OBLIGATION.—

“(A) IN GENERAL.—The funds authorized by paragraph (1) shall be—

“(i) available for obligation on October 1 of the fiscal year for which they are authorized;

“(ii) available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized; and

“(iii) subject to the limitation on obligations under subparagraph (B).

“(B) OBLIGATION LIMITATION.—Notwithstanding any other provision of law, in each of fiscal years 2016 through 2021, obligations for the program under this section shall not exceed—

“(i) $1,000,000,000; plus

“(ii) any amount remaining available for obligation under the program from prior fiscal years.

“(3) FEDERAL SHARE.—The Federal share for projects funded under this section may be up to 100 percent.

“(i) Transfer authority.—Funds authorized under this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project.

“(j) Metropolitan mobility program.—

“(1) ESTABLISHMENT.—The Secretary shall establish a metropolitan mobility program under this subsection.

“(2) RESERVATION OF FUNDS.—The Secretary shall reserve up to $1,000,000,000 made available under this section over the period of fiscal years 2016 through 2021 for the program under this subsection. Any funds reserved under this paragraph and not allocated under paragraph (3) shall be available for the FAST Grant Program.

“(3) ALLOCATION OF FUNDS.—

“(A) AMOUNT AVAILABLE FOR ALLOCATION.—

“(i) IN GENERAL.—The amount of funding available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall be—

“(I) $250,000,000; multiplied by

“(II) the ratio that—

“(aa) the population of such urbanized area; bears to

“(bb) the total population of all urbanized areas with populations of over 200,000 individuals.

“(ii) ADJUSTMENTS TO AMOUNTS.—Notwithstanding clause (i), the Secretary shall adjust the amounts determined under clause (i) as follows:

“(I) MINIMUM AMOUNT.—The amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall not be less than $1,000,000.

“(II) MAXIMUM AMOUNT.—The amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall not be greater than $3,000,000.

“(B) AMOUNT TO ALLOCATE.—In a fiscal year the Secretary shall make available to a State, for use in an urbanized area served by a high performing metropolitan planning organization, an amount of funds under this subsection equal to—

“(i) the amount available for allocation for that fiscal year in that urbanized area under subparagraph (A); plus

“(ii) any amounts available for allocation in that urbanized area under that subparagraph for any prior fiscal years—

“(I) beginning with fiscal year 2016; and

“(II) in which the urbanized area was not served by a high performing metropolitan planning organization.

“(4) ELIGIBLE USES OF FUNDS.—Funds provided under this subsection may be used—

“(A) for any project or activity eligible under title 23;

“(B) for any project or activity eligible under chapter 53, title 49; or

“(C) notwithstanding any other provision of law, to pay the non-Federal share of the cost of any project or activity funded under chapter 53 or 56 of this title or under title 23.

“(5) HIGH PERFORMING METROPOLITAN PLANNING ORGANIZATION DEFINED.—In this subsection, the term ‘high performing metropolitan planning organization’ means a metropolitan planning organization that the Secretary has designated as high performing under section 134(r) of title 23 or section 5303(r) of this title.”.

(b) Conforming amendment.—The analysis of subtitle III of title 49, United States Code, is amended by inserting the following after the item relating to chapter 55:

“56. 21st Century Infrastructure Investments ....................................
5601”.




SEC. 1402. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.

(a) Definitions.—

(1) MASTER CREDIT AGREEMENTS.—Section 601(a)(10) of title 23, United States Code, is amended to read as follows:

“(10) MASTER CREDIT AGREEMENT.—The term ‘master credit agreement’ means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency) prior to the Secretary entering into such master credit agreement under section 602(b)(2)(A), or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds and that would—

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

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

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

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

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

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

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

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

(2) RURAL INFRASTRUCTURE PROJECT.—Section 601(a)(15) of title 23, United States Code, is amended to read as follows:

“(15) RURAL INFRASTRUCTURE PROJECT.—The term ‘rural infrastructure project’ means a surface infrastructure project located outside of a Census Bureau-defined urbanized area.”.

(b) Master credit agreements.—Section 602(b)(2) of title 23, United States Code, is amended to read as follows:

“(2) MASTER CREDIT AGREEMENTS.—

“(A) PROGRAM OF RELATED PROJECTS.—The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary.

“(B) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year during which additional funds are available to receive credit assistance.”.

(c) Application processing procedures.—Section 602(d)(2) of title 23, United States Code, is amended to read as follows:

“(2) APPROVAL OR DENIAL OF APPLICATION.—Not later than 60 days after the date of issuance of the written notice of a complete application under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application.”.

(d) Agreements.—Section 603(a)(1)(D) of title 23, United States Code, is amended to read as follows:

“(D) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional demonstrated funding capacity for the completion, enhancement, or expansion of any project that—

“(i) is selected under section 602; or

“(ii) otherwise meets the requirements of section 602.”.

(e) Limitation on refinancing of interim construction financing.—Section 603(a)(2) of title 23, United States Code, is amended to read as follows:

“(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION FINANCING.—A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)—

“(A) if the maturity of such interim construction financing is later than one year after the substantial completion of the project, and

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

(f) Program administration.—Section 605 of title 23, United States Code, is amended by inserting at the end the following:

“(f) Reducing burden on small projects.—The Secretary may use up to $5,000,000 of funds made available to carry out this chapter in a fiscal year in lieu of fees collected under subsection (b) for projects under this chapter having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000.”.

(g) Funding.—

(1) Section 608(a) of title 23, United States Code, is amended—

(A) by striking paragraph (4); and

(B) by renumbering paragraphs (5) and (6) as (4) and (5), respectively.

(2) Section 608(a)(6) of title 23, United States Code, is amended to read as follows:

“(6) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out this chapter, the Secretary may use not more than $10,000,000 in fiscal year 2016, $12,000,000 in fiscal year 2017, $14,000,000 in fiscal year 2018, $15,000,000 in fiscal year 2019, $15,000,000 in fiscal year 2020, and $15,000,000 in fiscal year 2021 for the administration of this chapter.”.

SEC. 1403. Railroad rehabilitation and improvement financing.

(a) Definitions.—Section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821) is amended by inserting at the end the following:

“(9) The term ‘railroad’ means a railroad carrier as that term is defined in section 20102 of title 49, United States Code.”.

(b) General authority.—Section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is amended—

(1) by striking paragraph (5) and inserting the following:

“(5) joint ventures that include at least one of the entities described in paragraphs (1) through (4) or paragraph (6) of this section; and”;

(2) in paragraph (6), by striking “second” and “that is served by no more than a single railroad”; and

(3) in paragraph (6), by striking “limited option rail freight shippers” and inserting “limited option freight shippers”.

(c) Eligible purposes.—Section 502(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)) is amended—

(1) in paragraph (1)(A), by striking “shops” and inserting “shops, inclusive of costs related to these activities, but not operating expenses”; and

(2) in paragraph (1)(B), by striking “subparagraph (A)” and inserting “subparagraph (A) or (C)”.

(d) Infrastructure partners.—Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is amended—

(1) in paragraph (1)—

(A) by inserting “including modifications thereto” after “1990”;

(B) by inserting “and modification costs” after “premiums” in the first sentence; and

(C) by inserting “or modification” after “application” at the end of the first sentence;

(2) in paragraph (3), by inserting “, and in the case of a modification, before the modification is executed” after “amounts”; and

(3) by striking paragraph (4).

(e) Conditions of assistance.—Section 502(h) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)) is amended—

(1) in paragraph (2)—

(A) by striking “project” and inserting “project, if applicable”;

(B) by striking “(2)” and inserting “(2)(A)”; and

(C) by inserting at the end the following:

“(B) The Secretary may subordinate rights of the Secretary under any provision of title 49 or title 23 of the United States Code, to the rights of the Secretary under this section and section 503 of this Act.”; and

(2) by inserting the following after subparagraph (3)(B):

“(4) The Secretary shall not provide assistance under this section exceeding 80 percent of the reasonably anticipated eligible project costs on projects—

“(A) that receive a loan for which the Government pays the cost as defined by section 502 of the Federal Credit Reform Act; and

“(B) with total eligible project costs estimated to exceed $100,000,000.”.

(f) Modifications.—Section 503(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823(c)) is amended—

(1) in paragraph (1), by striking “and” from the end;

(2) in paragraph (2), by striking the period and inserting “; and”; and

(3) by adding the following after paragraph (2):

“(3) the modification cost has been covered pursuant to section 502(f).”.

(g) Evaluation, award and oversight charges.—Section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended by striking subsection (k) and inserting the following:

“(k) Charges.—

“(1) PURPOSE.—The Secretary may collect from each applicant a reasonable charge for—

“(A) the cost of evaluating the application, amendments, modifications, and waivers including appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings;

“(B) the cost of award and project management oversight;

“(C) the cost of services from expert firms, including counsel, in the field of railroad, municipal and project finance, to assist in the underwriting, auditing, servicing and exercise of rights with respect to direct loans and loan guarantees; and

“(D) the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan.

“(2) AMOUNT.—A charge under this subsection shall not exceed one percent of the principal amount requested in the application. The Secretary shall prescribe standards for applying the charges to ensure that it does not prevent a Class II or Class III railroad from having adequate access to direct loans and loan guarantees under this title.

“(3) FEES CREDITED TO SAFETY ACCOUNT.—Amounts collected under this subsection shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended to pay for the costs described in this subsection.”.

(h) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary such sums as may be necessary for the cost of direct loans and loan guarantees pursuant to sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210).

SEC. 1404. State infrastructure bank program.

Section 610 of title 23, United States Code, is amended—

(1) in subsection (d)—

(A) by striking paragraph (1)(A) and inserting in its place the following:

“(A) 10 percent of the funds apportioned to the State for each fiscal year under each of sections 104(b)(1) and 104(b)(2); and”;

(B) in paragraph (2), by striking “of fiscal years 2005 through 2009” and inserting “fiscal year”; and

(C) in paragraph (3), by striking “of fiscal years 2005 through 2009” and inserting “fiscal year”; and

(2) in subsection (k), by striking “of fiscal years 2005 through 2009” and inserting “fiscal year”.

SEC. 1405. Toll roads, bridges, tunnels, and ferries.

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

(1) in paragraph (1)—

(A) by striking subparagraphs (B), (G), and (H) and redesignating—

(i) subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and

(ii) subparagraph (I) as subparagraph (H);

(B) in subparagraph (B), as redesignated, by—

(i) inserting “, including such facilities” after “tunnel” in the first place it appears; and

(ii) adding a comma after “Interstate System”; and

(C) by inserting after subparagraph (E), as redesignated, the following:

“(F) reconstruction of a toll-free Federal-aid highway on the Interstate System and conversion of the highway to a toll facility, subject to the approval of the Secretary in accordance with paragraph (12);

“(G) conversion of 1 or more lanes on a toll-free highway, bridge or tunnel (including highways, bridges or tunnels on the Interstate System) to a toll facility for the purpose of reducing or managing high levels of congestion, subject to the approval of the Secretary in accordance with paragraph (12); and”;

(2) in paragraph (3)(A), by—

(A) striking “shall use” and inserting “shall ensure that”;

(B) inserting “are used” after “toll facility” in the second place it appears;

(C) redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively;

(D) inserting after clause (iii) the following:

“(iv) any costs necessary for the improvement and operation of public transportation service that—

“(I) is provided within the transportation corridor in which the toll facility is located; or

“(II) contributes to the improved operation of the toll facility or the highway on which the toll facility is located;

“(v) any costs necessary for mitigating any adverse impacts related to the tolling of the facility and identified under the National Environmental Policy Act process as a priority by the State or public authority imposing the tolls;”; and

(E) inserting “or chapter 53 of title 49” before the period at the end of clause (vii), as redesignated;

(3) by amending paragraph (4) to read as follows:

“(4) REQUIREMENTS FOR TOLLING FOR CONGESTION MANAGEMENT.—

“(A) IN GENERAL.—A public authority with jurisdiction over a toll-free highway, bridge, or tunnel that is converted to a toll facility that is tolled under paragraph (1)(G) shall manage the demand to use the facility by varying the toll amount that is charged.

“(B) HOV FACILITIES.—A high occupancy vehicle facility converted to a toll facility under paragraph (1)(G) shall be subject to the requirements of section 166 of this title.”;

(4) by redesignating paragraph (10) as paragraph (11);

(5) by inserting after paragraph (9) the following:

“(10) ELECTRONIC TOLL COLLECTION.—Fees collected from motorists using a toll facility that is tolled pursuant to this section and opened to traffic on or after October 1, 2016, shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the toll facility.”; and

(6) by inserting at the end the following:

“(12) APPROVAL.—A facility tolled under paragraph (1)(F) or (1)(G) shall receive the approval of the Secretary according to criteria that the Secretary shall publish in the Federal Register.”.

(b) Ferry boats.—Section 129(c)(2) of title 23, United States Code, is amended by inserting “, ferry boats carrying commercial motor vehicles and passengers,” before the phrase “and ferry boats carrying passengers only.”.

(c) Interstate system reconstruction and rehabilitation pilot program.—Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105–178) is repealed.

SEC. 1406. Tax-exempt financing for qualified surface transportation projects.

Section 142(m)(2)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 142(m)(2)(A)) is amended by striking “$15,000,000,000” and inserting “$19,000,000,000”.

SEC. 1407. Pay for success.

To the extent practicable, the Secretary shall encourage the use of pay for success contracting in the implementation of the programs administered by the Department.

SEC. 1408. Assistant Secretary for Innovative Finance.

(a) Establishment of assistant secretary position.—Section 102(e)(1) of title 49, as amended by section 8110 of this Act, is further amended—

(1) by striking “6 Assistant Secretaries” and inserting “7 Assistant Secretaries”; and

(2) in subparagraph (A), by inserting “an Assistant Secretary for Innovative Finance,” before “and an Assistant Secretary”.

(b) Conforming amendment to title 5.—Section 5315 of title 5, as amended by section 8110 of this Act, is further amended by striking “(5)” in the undesignated item relating to Assistant Secretaries of Transportation and inserting “(6)”.

SEC. 2001. Authorization of appropriations.

(a) In general.—The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund:

(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 such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, and to carry out section 134 of such title—

(A) $38,640,000,000 for fiscal year 2016;

(B) $39,413,000,000 for fiscal year 2017;

(C) $40,182,000,000 for fiscal year 2018;

(D) $40,984,000,000 for fiscal year 2019;

(E) $41,792,000,000 for fiscal year 2020; and

(F) $42,627,000,000 for fiscal year 2021.

(2) CRITICAL IMMEDIATE SAFETY INVESTMENTS PROGRAM.—For the critical immediate safety investments program under section 2012 of this Act—

(A) $7,450,000,000 for fiscal year 2016;

(B) $6,250,000,000 for fiscal year 2017;

(C) $5,000,000,000 for fiscal year 2018;

(D) $3,800,000,000 for fiscal year 2019;

(E) $3,550,000,000 for fiscal year 2020; and

(F) $3,350,000,000 for fiscal year 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) $507,000,000 for fiscal year 2016;

(ii) $517,000,000 for fiscal year 2017;

(iii) $527,000,000 for fiscal year 2018;

(iv) $538,000,000 for fiscal year 2019;

(v) $548,760,000 for fiscal year 2020; and

(vi) $559,735,000 for fiscal year 2021.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—For the Federal lands transportation program under section 203 of such title—

(i) $370,000,000 for fiscal year 2016;

(ii) $377,000,000 for fiscal year 2017;

(iii) $385,000,000 for fiscal year 2018;

(iv) $393,000,000 for fiscal year 2019;

(v) $400,860,000 for fiscal year 2020; and

(vi) $408,877,000 for fiscal year 2021,

of which 5 percent of the amount made available for each fiscal year shall be for the United States Army Corps of Engineers; 15 percent of the amount made available for each fiscal year shall be for the United States Forest Service; and 80 percent of the amount made available for each fiscal year shall be for the Department of the Interior and divided by the Secretary of the Interior, with notification to the Secretary, among the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Reclamation.

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under section 204 of such title—

(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.

(D) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM.—For the nationally significant Federal lands and Tribal projects program under section 2008 of this Act, $150,000,000 for each of fiscal years 2016 through 2021.

(4) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of such title, $1,000,000,000 for each of fiscal years 2016 through 2021.

(5) FEDERAL ALLOCATION PROGRAMS.—

(A) ON-THE-JOB TRAINING.—For surface transportation and technology training and summer transportation institutes under section 140(b) of such title—

(i) $11,000,000 for fiscal year 2016;

(ii) $11,000,000 for fiscal year 2017;

(iii) $11,000,000 for fiscal year 2018;

(iv) $12,000,000 for fiscal year 2019;

(v) $12,000,000 for fiscal year 2020; and

(vi) $12,000,000 for fiscal year 2021.

(B) DISADVANTAGED BUSINESS ENTERPRISES.—For training programs and assistance programs under section 140(c) of such title—

(i) $11,000,000 for fiscal year 2016;

(ii) $11,000,000 for fiscal year 2017;

(iii) $11,000,000 for fiscal year 2018;

(iv) $12,000,000 for fiscal year 2019;

(v) $12,000,000 for fiscal year 2020; and

(vi) $12,000,000 for fiscal year 2021.

(C) HIGHWAY USE TAX EVASION PROJECTS.—For highway use tax evasion projects under section 143 of such title, $10,000,000 for each of fiscal years 2016 through 2021.

(D) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—For the construction of ferry boats and ferry terminal facilities under section 147 of such title—

(i) $70,000,000 for fiscal year 2016;

(ii) $71,000,000 for fiscal year 2017;

(iii) $73,000,000 for fiscal year 2018;

(iv) $74,000,000 for fiscal year 2019;

(v) $75,420,000 for fiscal year 2020; and

(vi) $76,868,000 for fiscal year 2021.

(E) PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.—For the performance management data support program under section 150(f) of title 23, United States Code, $10,000,000 for each of fiscal years 2016 through 2021.

(F) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of such title—

(i) $190,000,000 for fiscal year 2016;

(ii) $194,000,000 for fiscal year 2017;

(iii) $198,000,000 for fiscal year 2018;

(iv) $202,000,000 for fiscal year 2019;

(v) $206,040,000 for fiscal year 2020; and

(vi) $210,161,000 for fiscal year 2021.

(G) JOBS-DRIVEN SKILLS AND OPPORTUNITY PROGRAMS.—$100,000,000 in each of fiscal years 2016 through 2021, of which—

(i) $30,000,000 for each such fiscal year shall be for the jobs-driven skills training program under section 140(b) of such title (as added by section 1208 of this Act); and

(ii) $70,000,000 for each such fiscal year shall be for the connection to opportunity pilot program under section 134(q) of such title and section 5303(q) of title 49, United States Code (as added by section 1209 of this Act).

(b) Disadvantaged business enterprises.—

(1) 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 $22,410,000, 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.

(2) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles II and III 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.

(3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State that receives funds under title II of this Act, title III of this Act, title VIII of this Act, or section 403 of title 23, United States Code, 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.

(4) 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.

(5) 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.

(6) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles II and III of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (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.

(c) Conforming amendments.—

(1) PUERTO RICO AND TERRITORIAL HIGHWAYS.—Section 165(a) of title 23, United States Code, is amended to read as follows:

“(a) Division of funds.—Of funds made available for the territorial and Puerto Rico highway program—

“(1) for fiscal year 2016—

“(A) $150,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $40,000,000 shall be for the territorial highway program under subsection (c);

“(2) for fiscal year 2017—

“(A) $153,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $41,000,000 shall be for the territorial highway program under subsection (c);

“(3) for fiscal year 2018—

“(A) $156,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $42,000,000 shall be for the territorial highway program under subsection (c);

“(4) for fiscal year 2019—

“(A) $159,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $43,000,000 shall be for the territorial highway program under subsection (c);

“(5) for fiscal year 2020—

“(A) $162,030,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $44,010,000 shall be for the territorial highway program under subsection (c); and

“(6) for fiscal year 2021—

“(A) $165,120,750 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $45,040,250 shall be for the territorial highway program under subsection (c).”.

(2) DISADVANTAGED BUSINESS ENTERPRISES.—Section 140(c) of such title is amended by striking “From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection.”.

(3) HIGHWAY USE TAX EVASION PROJECTS.—Section 143(b)(2) of such title is amended to read as follows:

“(2) FUNDING.—Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.”.

(4) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—Section 147 of such title is amended—

(A) by striking subsection (e); and

(B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

SEC. 2002. Obligation limitation.

(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) $50,068,248,000 for fiscal year 2016;

(2) $50,705,248,000 for fiscal year 2017;

(3) $51,263,248,000 for fiscal year 2018;

(4) $51,876,248,000 for fiscal year 2019;

(5) $52,485,293,000 for fiscal year 2020; and

(6) $53,169,199,000 for fiscal year 2021.

(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations under or for—

(1) section 125 of title 23, United States Code;

(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);

(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2012, only in an amount equal to $639,000,000 for each of those fiscal years);

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and

(12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 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 2015 through 2021, the Secretary—

(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—

(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and

(B) amounts authorized for the Bureau of Transportation Statistics;

(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—

(A) made available from the Highway Trust Fund (other than the Mass Transit Account) or from the Highway Account of the Transportation Trust Fund for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and

(B) for which obligation authority was provided in a previous fiscal year;

(3) shall determine the proportion that—

(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to

(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) 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)(12) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;

(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under 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) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) or under this Act in the proportion that—

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, or under this Act 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, or under this Act 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 Public Law 112–141) and 104 of title 23, United States Code.

(e) Applicability of obligation limitations to transportation research programs.—

(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under—

(A) chapter 5 of title 23, United States Code; and

(B) title VIII of this Act.

(2) EXCEPTION.—Obligation authority made available under paragraph (1) shall—

(A) remain available for a period of 4 fiscal years; and

(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

(f) Redistribution of certain authorized funds.—

(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2016 through 2021, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—

(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and

(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

(2) RATIO.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).

(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

SEC. 2003. Apportionment.

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

(1) by amending subsection (a)(1) to read as follows:

“(1) IN GENERAL.—There are authorized to be appropriated from the Highway Account of the Transportation Trust Fund to be made available to the Secretary for administrative expenses of the Federal Highway Administration—

“(A) $442,248,000 for fiscal year 2016;

“(B) $451,248,000 for fiscal year 2017;

“(C) $460,248,000 for fiscal year 2018;

“(D) $469,248,000 for fiscal year 2019;

“(E) $478,633,000 for fiscal year 2020; and

“(F) $488,206,000 for fiscal year 2021.”;

(2) in subsection (c)(2)—

(A) by adding “and thereafter” after “2014” the first time it appears; and

(B) in subparagraph (A) by adding “and each fiscal year thereafter” after “2014”; and

(3) by inserting at the end the following:

“(h) Implementation of future strategic highway research program findings and results.—Before making an apportionment under subsection (c) for each of fiscal years 2016 through 2021, the Secretary may set aside up to $25,000,000 for each fiscal year to carry out the implementation of future strategic highway research program findings and results under section 503(c)(2)(C). Funds expended under this subsection shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638).”.

(b) Conforming amendment.—Section 505 of title 23, United States Code, is amended by striking subsection (c) and redesignating subsections (d) and (e) as (c) and (d), respectively.

SEC. 2004. Federal lands transportation program.

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

(1) in paragraph (8) by striking “is adjacent to,”; and

(2) by striking paragraphs (9) and (10) and redesignating paragraphs (11) through (34) as paragraphs (9) through (32), respectively.

(b) Other amendments.—Section 203 of title 23, United States Code, is amended—

(1) in subsection (a)(1), by—

(A) striking “; and” at the end of subparagraph (C) and inserting a period; and

(B) striking subparagraph (D);

(2) in subsection (b)(1)—

(A) in the matter preceding subparagraph (A), by striking “2011” and inserting “2012”; and

(B) in subparagraph (B)—

(i) by striking “; and” at the end of clause (iv) and inserting a semicolon;

(ii) by striking the period at the end of clause (v) and inserting “; and”; and

(iii) by inserting at the end the following:

“(vi) the Bureau of Reclamation.”;

(3) at the end of subsection (c)(2)(B), by inserting the following:

“(vi) The Bureau of Reclamation.”; and

(4) by striking subsection (d).

(c) Performance management.—Section 203(b)(2)(B) of title 23, United States Code, is amended by inserting “performance management, including” after “support”.

SEC. 2005. Emergency relief for federally owned roads.

(a) Federal share.—Section 120(e)(2) of title 23, United States Code, is amended by striking “Federal land access transportation facilities” and inserting “other federally owned roads that are open to public travel (as defined in section 125(e)(1) of this title)”.

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

(1) at the end of subparagraph (A) by striking “or”;

(2) at the end of subparagraph (B) by striking the period and inserting “; or”; and

(3) by inserting 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.”.

(c) 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’ means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is maintained and open to the general public and 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; and

“(B) ‘standard passenger vehicle’ means a vehicle with six inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.”.

SEC. 2006. Tribal High Priority Projects Program and Tribal Transportation Program amendments.

(a) In general.—Section 202 of title 23, United States Code, is amended as follows:

(1) In subsection (a)(1)—

(A) in subparagraph (A), by striking the final semicolon and inserting “; and”;

(B) in subparagraph (B), by striking “; and” and inserting a period; and

(C) by striking subparagraph (C).

(2) In subsection (b)(3)(A)(i), by striking “and subsections (c), (d), and (e)” and inserting “and subsections (a)(6), (c), (d), (e), and (g)”.

(3) In subsection (c)(1), by striking “2 percent” and inserting “3 percent”.

(4) In subsection (d)(2), by striking “2 percent” and inserting “4 percent”.

(5) Inserting after subsection (f) the following:

“(g) Tribal high priority projects program.—

“(1) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 7 percent of the funds made available for the Tribal transportation program for that fiscal year to carry out this subsection.

“(2) ELIGIBLE APPLICANTS.—Applicants eligible for program funds under this subsection include—

“(A) an Indian tribe whose annual allocation of funding under subsection (b) is insufficient to complete the highest priority project of the Indian tribe;

“(B) a governmental subdivision of an Indian tribe—

“(i) that is authorized to administer the funding of the Indian tribe under this section; and

“(ii) for which the annual allocation under subsection (b) is insufficient to complete the highest priority project of the Indian tribe; or

“(C) any Indian tribe or governmental subdivision of an Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of Tribal transportation facilities under subsection (b)(1).

“(3) ELIGIBLE FACILITIES AND ACTIVITIES.—To be funded under this subsection, a project—

“(A) shall be on a Tribal transportation facility that is included in the national inventory of Tribal transportation facilities under subsection (b)(1); and

“(B) except as specified in paragraph (4), shall be an activity eligible under—

“(i) subsection (a)(1); or

“(ii) the emergency relief program, authorized under section 125 of this title, but that does not meet the funding thresholds under part 668 of title 23, Code of Federal Regulations.

“(4) LIMITATION ON USE OF FUNDS.—Funds under this subsection shall not be used for—

“(A) transportation planning;

“(B) research;

“(C) routine maintenance activities;

“(D) structures and erosion protection unrelated to transportation and roadways;

“(E) general reservation planning not involving transportation;

“(F) landscaping and irrigation systems not involving a transportation program or project;

“(G) work performed on a project that is not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary;

“(H) the purchase of equipment, unless otherwise authorized by Federal law; or

“(I) the condemnation of land for recreational trails.

“(5) PROJECT APPLICATIONS; FUNDING.—

“(A) IN GENERAL.—To apply for funds under this subsection, an eligible applicant shall submit to the Department of the Interior or the Department of Transportation an application that includes—

“(i) project scope of work, including deliverables, budget, and timeline;

“(ii) the amount of funds requested;

“(iii) project information addressing—

“(I) the ranking criteria identified in subparagraph (C); or

“(II) the nature of the emergency or disaster;

“(iv) documentation that the project meets the definition of a Tribal transportation facility and is included in the national inventory of Tribal transportation facilities under subsection (b)(1);

“(v) documentation of official Tribal action requesting the project;

“(vi) documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and

“(vii) any other information the Secretary of the Interior or Secretary considers appropriate to make a determination.

“(B) LIMITATION ON APPLICATIONS.—An applicant for funds under the program may only have one application for assistance under this subsection pending at any one time, including any emergency or disaster project application under paragraph (6).

“(C) APPLICATION RANKING.—

“(i) IN GENERAL.—The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds.

“(ii) RANKING CRITERIA.—The project ranking criteria for applications under this subsection shall include—

“(I) the existence of safety hazards with documented fatality and injury crashes;

“(II) the number of years since the Indian tribe last completed a construction project funded by the Indian Reservation Roads program (as in effect the day before the date of enactment of MAP–21) or the Tribal Transportation Program under section 202 of title 23, United States Code;

“(III) the readiness of the Indian tribe to proceed to construction or bridge design need;

“(IV) the percentage of project costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches);

“(V) the amount of funds requested, with requests for lesser amounts given greater priority;

“(VI) the challenges caused by geographic isolation; and

“(VII) all-weather access for employment, commerce, health, safety, educational resources, or housing.

“(iii) PROJECT SCORING MATRIX.—The project scoring matrix established in subpart I of part 170 of title 25, Code of Federal Regulations (as in effect on July 19, 2004), shall be used to rank all applications accepted under this subsection.

“(D) FUNDING PRIORITY LIST.—

“(i) IN GENERAL.—The Secretary of the Interior and the Secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program.

“(ii) LIMITATION.—The number of projects on the list shall be limited by the amount of funding set aside for this subsection.

“(E) TIMELINE.—The Secretary of the Interior and the Secretary shall—

“(i) establish deadlines for applications;

“(ii) notify all applicants and Regions in writing of acceptance of applications;

“(iii) rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies;

“(iv) notify all accepted applicants of the projects included on the funding priority list; and

“(v) distribute funds to successful applicants.

“(6) EMERGENCY OR DISASTER PROJECT APPLICATIONS.—

“(A) IN GENERAL.—Notwithstanding paragraph (5)(E), an eligible applicant may submit an emergency or disaster project application at any time.

“(B) CONSIDERATION AS PRIORITY.—The Secretary of the Interior and the Secretary shall—

“(i) consider project applications submitted under this paragraph to be a priority project under this subsection; and

“(ii) fund the project applications in accordance with subparagraph (C).

“(C) FUNDING.—

“(i) IN GENERAL.—If an eligible applicant submits an application for a project under this paragraph before the issuance of the list under paragraph (5)(D) and the project is determined to be eligible for program funds, the Secretary of the Interior and the Secretary shall provide funding for the project before providing funding for other approved projects on the list.

“(ii) SUBMISSION AFTER ISSUANCE OF LIST.—If an eligible applicant submits an application under this subsection after the issuance of the list under paragraph (5)(D) and the distribution of program funds in accordance with the list, the Secretary of the Interior and the Secretary shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the respective Department.

“(iii) EFFECT ON OTHER PROJECTS.—If the Secretary of the Interior and the Secretary use funding previously designated for a project on the list under paragraph (5)(D) to fund an emergency or disaster project under this paragraph, the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year.

“(D) EMERGENCY OR DISASTER PROJECT COST.—The cost of a project submitted as an emergency or disaster under this paragraph shall equal at least 10 percent of the distribution of funds of the Indian tribe under subsection (b).

“(7) LIMITATION ON PROJECT AMOUNTS.—Project funding shall be limited to a maximum of $1,500,000 per application, except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the Tribal transportation facility.

“(8) COST ESTIMATE CERTIFICATION.—All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior or the Secretary for certification and approval.”.

(b) Conforming amendment.—Section 1123 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141) is repealed.

SEC. 2007. Federal lands access program Federal share.

Section 201(b)(7) of title 23, United States Code, is amended—

(1) in subparagraph (A), by striking “shall be 100 percent” and inserting “may be up to 100 percent”; and

(2) in subparagraph (B), by inserting before the final period “, except that the Federal share for the cost of a project on a Federal lands access transportation facility owned by a county, town, township, municipal, Tribal, or local government may be up to 95 percent”.

SEC. 2008. Nationally significant Federal lands and Tribal projects program.

(a) In general.—Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following:

§ 207. Nationally significant Federal lands and tribal projects program

“(a) Purpose.—The Secretary shall establish a nationally significant Federal lands and tribal projects program to provide funding needed to construct, reconstruct, or rehabilitate nationally significant Federal lands and Tribal transportation projects.

“(b) Applicants.—

“(1) IN GENERAL.—Except as specified in paragraph (2), entities eligible to receive funds under sections 201, 202, 203 and 204 of this title may apply for funding under this program.

“(2) SPECIAL RULE.—A State, county or local government may only apply if sponsored by an eligible Federal Land Management Agency or Indian tribe.

“(c) Eligible projects.—An eligible project under this section 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 defined under section 101 of this title, except that such facility is not required to be included on an inventory as described under section 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 record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded; and

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

“(d) Eligible activities.—An applicant receiving funds under this section may only use such funds for construction, reconstruction, and rehabilitation activities, except that activities related to project design are not eligible.

“(e) Applications.—Applicants shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.

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

“(1) furthers Departmental goals such as state of good repair, environmental sustainability, economic competitiveness, quality of life, or 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 those received under this title to construct, maintain, and operate the facility;

“(8) spans 2 or more States; and

“(9) serves lands owned by multiple Federal agencies or Tribes.”.

(b) Conforming amendments.—

(1) AVAILABILITY OF FUNDS.—Section 201(b) of such title is amended—

(A) in paragraph (1), by inserting “nationally significant Federal lands and tribal projects program,” after “Federal lands transportation program,”;

(B) in paragraph (4)(A), by inserting “nationally significant Federal lands and tribal projects program,” after “Federal lands transportation program,”; and

(C) by adding at the end of paragraph (7) the following:

“(C) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM.—The Federal share of the cost of a project carried out under the nationally significant Federal lands and tribal projects program may be up to 100 percent.”.

(2) PLANNING.—Section 201(c)(3) of such title is amended by inserting “nationally significant Federal lands and tribal projects program” after “Federal lands transportation program,” the first time it appears.

(3) ANALYSIS.—The analysis for chapter 2 of such title is amended by inserting after the item related to 206 the following:


“207. Nationally significant Federal lands and tribal projects program.”.

SEC. 2009. Federal lands programmatic activities.

(a) Transportation planning.—Section 201(c) of title 23, United States Code, is amended—

(1) in paragraph (6)(A) by—

(A) inserting a period after “Tribal transportation program”;

(B) inserting “Data collected to implement the Tribal transportation program shall be” before “in accordance with”; and

(C) striking “, including” and inserting “. 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 deemed appropriate by the Secretary.

“(8) FUNDING.—

“(A) IN GENERAL.—To implement 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 defined under section 125 of this title), the Secretary shall combine and use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204 of this title.

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

“(i) bridge inspections on any federally owned bridge even if such bridge is not included on the inventory, as described under section 203 of this title; and

“(ii) transportation planning activities undertaken by any Federal agency.

“(C) ELIGIBLE ENTITIES.—Funds described under subparagraph (A) may be used by the following agencies:

“(i) Bureau of Land Management.

“(ii) Bureau of Reclamation.

“(iii) Military Surface Deployment and Distribution Command.

“(iv) National Park Service.

“(v) Tennessee Valley Authority.

“(vi) United States Air Force.

“(vii) United States Army.

“(viii) United States Army Corps of Engineers.

“(ix) United States Fish & Wildlife Service.

“(x) United States Forest Service.

“(xi) United States Navy.

“(D) SPECIAL RULE.—Notwithstanding subparagraphs (A) through (C), a Federal Land Management Agency receiving funds to carry out section 203 of this title may use funds authorized for that section to meet the requirements of this subsection.”.

(b) Coordination.—Section 201 of such title is amended by adding at the end the following:

“(f) Federal lands transportation executive council.—The Secretary periodically shall convene and chair a Federal Lands Transportation Executive Council, which shall be composed of Secretaries of the appropriate Federal Land Management Agencies or their designees, and chaired by the Secretary or the Secretary’s designee. The purpose of the Federal Lands Transportation Executive Council is to consult on interdepartmental data standardization, technology integration, and interdepartmental consistency.”.

SEC. 2010. Bridges requiring closure or load restrictions.

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

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

(2) inserting after paragraph (5), the following new paragraph:

“(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 is located within the jurisdiction of the Federal agency or Tribal government is properly closed or restricted to loads it can carry safely, the Secretary—

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

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

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

“(ii) may, if the Federal agency or Tribal government fails to take action necessary 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 it can carry safely, the Secretary—

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

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

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

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

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

SEC. 2011. Broadband infrastructure deployment.

(a) Policy.—It is in the national interest for the Department of Transportation and State departments of transportation to expand the use of rights-of-way on Federal-aid highways to accommodate broadband infrastructure; to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way; to identify areas where additional broadband infrastructure is most needed; to include broadband stakeholders in the transportation planning process; to coordinate highway construction plans with other statewide telecommunications and broadband plans; and to improve broadband connectivity to rural communities and improve broadband services in urban areas.

(b) Establishment of broadband infrastructure deployment initiative.—

(1) IN GENERAL.—To advance the policy identified in subsection (a), the Secretary shall carry out a broadband infrastructure deployment initiative under this section.

(2) ADVANCING THE USE OF BEST PRACTICES.—In order to expand the installation of broadband infrastructure, the Secretary shall require each State that receives funds under title II of this Act to meet the following requirements:

(A) BROADBAND COORDINATION.—Each State department of transportation shall—

(i) have a broadband utility coordinator responsible for coordinating the broadband infrastructure needs of the State with Federal-aid highway projects;

(ii) provide for online registration of broadband infrastructure entities that seek to be included in such broadband infrastructure coordination efforts within the State;

(iii) coordinate with other State and local agencies and broadband infrastructure entities registered with the State department of transportation under clause (ii) and the First Responder Network Authority (FirstNet) as established in section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 (42 U.S.C. 1424), to review areas within the State that are unserved or underserved by broadband; and

(iv) include broadband infrastructure entities registered with the State department of transportation under clause (ii) in the transportation planning processes under sections 134 and 135 of title 23, United States Code.

(B) BROADBAND INFRASTRUCTURE COORDINATION PLAN.—Each State department of transportation shall—

(i) based on the coordination under subparagraph (A), develop a comprehensive State broadband infrastructure coordination plan to expand the adoption and deployment of broadband infrastructure within the State through, at a minimum, the use of rights-of-way for Federal-aid highways and strategies to support increased availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii);

(ii) to the extent practicable, coordinate the State broadband infrastructure coordination plan with other statewide telecommunication or broadband plans, and with State and local transportation and land use plans;

(iii) include in its State broadband infrastructure coordination plan strategies to minimize repeated excavations that involve the installation of broadband infrastructure in the right-of-way; and

(iv) include in its State broadband infrastructure coordination plan strategies to support increased broadband availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii).

(C) RIGHT-OF-WAY ACCESS.—Notwithstanding any other provision of law—

(i) each State department of transportation shall—

(I) allow the installation of broadband infrastructure in the right-of-way of every Federal-aid highway to the extent the State holds sufficient ownership rights to authorize such accommodation; and

(II) establish reasonable conditions to provide right-of-way access to broadband infrastructure entities to construct, operate, and maintain broadband infrastructure, and may prohibit such uses that would adversely affect highway or traffic safety. Such use and access shall be free of charge to a broadband infrastructure entity requesting access for the purposes of broadband infrastructure installation; and

(ii) each State may—

(I) designate one or more longitudinal areas within each right-of-way to accommodate broadband infrastructure; and

(II) require all broadband infrastructure entities to locate their broadband infrastructure within such longitudinal areas.

(D) INNOVATION.—Each State department of transportation shall consider new technology and construction practices that would allow for the safe and efficient accommodation of broadband infrastructure in the right-of-way.

(3) STATE FLEXIBILITY.—A State meeting the requirements under paragraph (2) may use funds authorized for the surface transportation program under section 133 of title 23, United States Code, and the national highway performance program under section 119 of such title, to install broadband infrastructure as part of a Federal-aid highway project located in an area identified under paragraph (2)(A)(iii), and the broadband infrastructure may be utilized to support non-transportation purposes in addition to transportation purposes.

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

(1) BROADBAND INFRASTRUCTURE.—The term “broadband infrastructure” means buried or aerial facilities, wireless or wireline connection that enables users to send and receive voice, video, data, graphics, or a combination thereof.

(2) BROADBAND INFRASTRUCTURE ENTITY.—The term “broadband infrastructure entity” means any entity that installs, owns, or operates broadband infrastructure and provides services to members of the public.

(3) RIGHT-OF-WAY.—The term “right-of-way” means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a Federal-aid highway.

(4) STATE.—The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.

SEC. 2012. Critical Immediate Investments Program.

(a) Establishment.—The Secretary shall establish a program under this section to make critical and immediate improvements to infrastructure and highway safety. This program shall include—

(1) the interstate bridge revitalization initiative under subsection (b);

(2) the systemic safety initiative under subsection (c); and

(3) the state of good repair initiative under subsection (d).

(b) Interstate bridge revitalization initiative.—

(1) APPORTIONMENT.—The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio that—

(A) the amount of funds that the Secretary apportions to the State for such fiscal year for the national highway performance program under section 104(b)(1) of title 23, United States Code; bears to

(B) the amount of funds that the Secretary apportions to all States for such fiscal year for such program under such section.

(2) USE OF FUNDS.—

(A) IF ABOVE THRESHOLD.—If the Secretary determines that more than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the Interstate System.

(B) IF BELOW THRESHOLD.—If the Secretary determines that less than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the National Highway System.

(C) EXCLUSION.—A State may not use funds under this subsection to construct a new bridge except as a replacement for an eligible structurally deficient bridge.

(c) Systemic safety initiative.—

(1) DISTRIBUTION OF FUNDS.—

(A) APPORTIONMENT.—Subject to subparagraph (B), the Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1).

(B) RESERVATION OF FUNDS.—Before apportioning funds under paragraph (1) in a fiscal year, the Secretary shall reserve $150,000,000 under this subsection for use under paragraph (3).

(2) ELIGIBLE USES OF FUNDS.—

(A) IN GENERAL.—A State may use funds under this subsection on—

(i) systemic safety improvements that are—

(I) eligible uses of funding under section 148 of title 23, United States Code;

(II) consistent with the State’s strategic highway safety plan under such section; and

(III) located on a highway that is not owned by the State; and

(ii) data improvement activities (or safety data systems) related to highways described in clause (i)(III).

(B) SPECIAL RULE.—Notwithstanding subparagraph (A)(i)(III), if a State, in the judgment of the Secretary, meets its infrastructure safety needs relating to systemic safety improvements on highways that are not owned by the State, the State may use funds under this subsection on such an improvement—

(i) that is located on a highway owned by the State; and

(ii) that meets the requirements of subparagraphs (A)(i)(I) and (A)(i)(II).

(3) BUILD TO EVALUATE.—

(A) IN GENERAL.—The Secretary shall provide grants under this paragraph to—

(i) allow local agencies to implement systemic safety improvements; and

(ii) enable the Secretary to evaluate the effectiveness and in-service performance of such improvements.

(B) ELIGIBLE APPLICANTS.—A local agency seeking to receive a grant under this paragraph shall—

(i) submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish; and

(ii) agree to provide the Secretary with data and access sufficient, in the judgment of the Secretary, to allow the Secretary to rigorously evaluate the effectiveness and in-service performance of the projects that the agency implements with such a grant.

(4) DEFINITIONS.—In this subsection, the terms “data improvement activities,”“safety data system,”“systemic safety improvement” and “strategic highway safety plan” have the same meaning as in section 148 of title 23, United States Code.

(d) State of good repair initiative.—

(1) APPORTIONMENT.—The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1).

(2) ELIGIBLE USES OF FUNDS.—

(A) IN GENERAL.—Subject to subparagraph (B), a State may use funds under this subsection to—

(i) reconstruct, resurface, restore, rehabilitate, or preserve a highway on the National Highway System; or

(ii) replace, rehabilitate, preserve, or protect a bridge or tunnel on the National Highway System.

(B) PRESERVATION PROJECTS.—A State may use 50 percent of the funds that the Secretary apportions to the State under paragraph (1) only for preservation or rehabilitation projects under subparagraph (A) that would prevent or reduce the need for more costly future repair or replacement.

(3) USE OF SYSTEMS.—In selecting projects to fund under this subsection, a State shall use information from its pavement and bridge management systems to identify potential projects that need immediate action to preserve the asset and avoid further deterioration.

(e) Transfers.—Notwithstanding subsection (d), a State may transfer up to 100 percent of its apportionment under such subsection—

(1) to its apportionment under subsection (b) if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of title 23, United States Code, in relation to the national highway performance program; or

(2) to its apportionment under subsection (c) if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of such title in relation to the highway safety improvement program.

(f) Administration of funds.—

(1) AVAILABILITY OF FUNDS.—Of the funds authorized for each fiscal year for the Critical Immediate Safety Investments Program—

(A) 25 percent shall be available for the Interstate Bridge Revitalization Initiative under subsection (b);

(B) 25 percent shall be available for the Systemic Safety Initiative under subsection (c); and

(C) 50 percent shall be available for the State of Good Repair Initiative under subsection (d).

(2) CONTRACT AUTHORITY.—Except as specified in paragraph (2), funds made available for the program under this section shall be available for obligation and administered as if apportioned under chapter 1 of title 23, United States Code.

(3) FEDERAL SHARE.—

(A) IN GENERAL.—The Federal share of the cost of a project under this section may be up to 80 percent of the total project cost.

(B) USE OF OTHER FEDERAL FUNDS.—A State may use to pay the non-Federal share of a project under this section Federal funds apportioned or allocated to the State under title 23, United States Code.

SEC. 2013. Appalachian Development Highway System.

Subsections (b) and (c) of section 1528 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141; 126 Stat. 582) are amended by striking “shall be 100 percent” and inserting “shall be up to 100 percent” each place it appears.

SEC. 2014. Highway safety data improvement.

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

“(k) Funds for highway safety data improvement.—

“(1) RESERVATION OF FUNDS.—

“(A) IN GENERAL.—Before making an apportionment under section 104(c) for a fiscal year, the Secretary shall set aside, for highway safety data improvement activities on all public roads, from the funds described in subparagraph (B), the amount specified for that fiscal year in subparagraph (C).

“(B) SOURCE OF FUNDS.—The funds referred to in subparagraph (A) are amounts authorized to be appropriated out of the Highway Account of the Transportation Trust Fund for that fiscal year for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134.

“(C) AMOUNT RESERVED.—The amounts to be reserved under subparagraph (A) are—

“(i) $100,000,000 for fiscal year 2016;

“(ii) $100,000,000 for fiscal year 2017;

“(iii) $80,000,000 for fiscal year 2018;

“(iv) $80,000,000 for fiscal year 2019;

“(v) $70,000,000 for fiscal year 2020; and

“(vi) $70,000,000 for fiscal year 2021.

“(2) APPORTIONMENT TO STATES.—The Secretary shall apportion funds set aside under this subsection for a fiscal year among States in the ratio that—

“(A) the amount of funds that the Secretary apportions to each State for such fiscal year for the highway safety improvement program under section 104(b)(3); bears to

“(B) the amount of funds that the Secretary apportions to all States for such fiscal year for such program under such section.

“(3) USE OF FUNDS.—Before using funds set aside under this subsection for other data improvement activities eligible under this section, a State shall first prioritize such funds for the collection, maintenance, and use of the following data elements as part of the State’s safety data system—

“(A) the subset of the model inventory of roadway elements established under subsection (f)(2) of this section;

“(B) horizontal curves; and

“(C) inventories of implemented safety improvements and sharing such information with other States.

“(4) SPECIAL RULE.—A State may use funds set aside under this subsection for any project eligible under this section if the State certifies to the Secretary that the State has met all of the State’s needs for highway safety data improvement.”.

SEC. 2101. Performance management data support program.

(a) Performance management data support program.—Section 150 of title 23, United States Code, is amended by inserting at the end the following:

“(f) Performance management data support.—To assist metropolitan planning organizations, States, and the Department in carrying out performance management analyses, including the performance management requirements of this chapter, the Secretary shall create and maintain data sets and data analysis tools. Such activities may include—

“(1) collecting and distributing vehicle probe data describing traffic on the National Highway System;

“(2) collecting household travel behavior data crossing local jurisdictional boundaries to accommodate external and through travel;

“(3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data;

“(4) enhancing existing data analysis tools to improve performance predictions in reports described in subsection (e) or section 5405 of title 49; and

“(5) developing tools to improve performance analysis and evaluate the effects of project investments on performance.”.

(b) Federal share.—Section 120 of such title is amended by adding at the end the following:

“(l) Performance management data support program.—The Federal share payable on account of an activity under the performance management data support program under section 150(f) shall be 100 percent of the cost of the activity.”.

SEC. 2102. Performance period adjustment.

(a) Highway safety improvement program.—Section 148(i) of title 23, United States Code, is amended in the matter preceding paragraph (1), by striking “by the date that is 2 years after the date of the establishment of the performance targets”.

(b) 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”; 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”.

SEC. 2103. Multimodal accommodations.

(a) Design standards.—Section 109 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1)—

(i) by striking “may take into account” and inserting “shall take into account”; and

(ii) by striking paragraph (1)(C) and inserting the following:

“(C) access and safety for users of all foreseeable modes of transportation.”; and

(B) in paragraph (2), by striking “may develop” and inserting “shall develop”; and

(2) in subsection (m), by—

(A) striking “and light motorcycles”; and

(B) inserting “, safe, convenient, and continuous” before “alternate route”.

(b) Transportation alternatives.—

(1) FEDERAL SHARE.—Section 120 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(m) Transportation alternatives program.—The Federal share requirements under this section applicable to the transportation alternatives program under section 213 of this title may be met based on—

“(1) an individual project or activity under that section; or

“(2) a program of projects or activities approved under subsection (c)(6)(B) of that section.”.

(2) RESERVATION OF FUNDS.—Section 213 of such title is amended in subsection (a)(1) by striking “of fiscal years 2013 and 2014” and inserting “fiscal year”.

(3) ELIGIBLE ENTITIES.—Section 213(c)(4)(B) of such title is amended by—

(A) redesignating clauses (vi) and (vii) as clauses (viii) and (ix); and

(B) inserting after clause (v) the following:

“(vi) a nonprofit organization;

“(vii) a metropolitan planning organization that is not developing the competitive process for funding;”.

(4) PROGRAM OF PROJECTS.—Section 213(c) of such title is further amended by adding at the end the following:

“(6) PROGRAM OF PROJECTS.—Funds may be obligated under this section for—

“(A) a project or activity eligible under subsection (b); or

“(B) a program of projects or activities eligible under that subsection.

“(7) ADMINISTRATION.—

“(A) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal year, each State shall submit a project agreement that—

“(i) certifies that the State will meet all the requirements of this section; and

“(ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section.

“(B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary.

“(C) EFFECT OF APPROVAL BY THE SECRETARY.—Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay funds made available under this title.”.

SEC. 2201. Project approval and oversight.

Section 106(g)(4) of title 23, United States Code, is amended by inserting at the end the following:

“(C) FUNDING.—

“(i) IN GENERAL.—Subject to project approval by the Secretary, and the limitation in clause (iv), a State may use funds made available to the State under section 133(d)(1)(B) to carry out its administration and oversight responsibilities under subparagraph (A).

“(ii) APPROVAL BY SECRETARY.—To obligate such funds under this subparagraph, the State shall, prior to the beginning of the fiscal year, submit to the Secretary for review and approval an annual work plan identifying activities to be carried out during the fiscal year.

“(iii) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this subparagraph shall not exceed 80 percent.

“(iv) LIMITATION.—A State’s obligation of funds under this subparagraph shall not exceed an amount equal to 3 percent of the State’s apportioned funds available for obligation in a fiscal year as specified in section 133(d)(1)(B).”.

SEC. 2301. Letting of contracts.

Section 112 of title 23, United States Code, is amended by inserting the following at the end:

“(h) Local hiring.—

“(1) IN GENERAL.—The Secretary or recipient of assistance under the Federal-aid highway program may advertise, post job opportunities on State job banks and with One Stop centers established under the Workforce Innovation and Opportunity Act, and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed under the contract, provided that—

“(A) all or part of the construction work performed under the contract occurs in an area that has—

“(i) a per capita income of 80 percent or less of the national average; or

“(ii) an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate;

“(B) the estimated cost of the project of which the contract is a part is greater than $10 million; and

“(C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to skills training, on the job training, and work-based learning, including apprenticeship programs that are registered under the National Apprenticeship Act (29 U.S.C. 50 et seq.), or other training program meeting the requirements of section 140 of this title.

“(2) ADVERTISEMENT.—In advertising and awarding a contract under this subsection, the Secretary or recipient of assistance shall ensure that the requirements contained in the advertisement would not—

“(A) compromise the quality of the project;

“(B) unreasonably delay the completion of the project; or

“(C) unreasonably increase the cost of the project.

“(i) Permissible Restrictions.—A State or local law governing contracting practices that prohibits the awarding of contracts to businesses that have solicited or made contributions to political candidates, political parties and holders of public office does not violate the requirements of this section.”.

SEC. 2302. Construction of ferry boats and ferry terminal facilities.

Section 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59), as amended by section 1121 of the MAP–21 (Public Law 112–141), is amended in paragraph (4)(D) by striking “2014” and inserting “2018”.

SEC. 2303. Green stormwater infrastructure.

(a) Eligibility for environmental restoration and pollution abatement.—Section 328(a) of title 23, United States Code, is amended by striking “construction of stormwater treatment systems” and inserting “construction of stormwater treatment systems or green stormwater infrastructure”.

(b) Eligibiity under surface transportation program.—Section 133(b) of such title is amended—

(1) in paragraph (2) by inserting “and green infrastructure” after “material”; and

(2) in paragraph (7) by striking “wildlife,” and inserting “wildlife or stormwater,”.

SEC. 2304. Elimination or modification of certain FHWA reporting requirements.

(a) Fundamental properties of asphalts report.—Section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 307 note) is amended by striking subsection (g).

(b) Projects of regional and national significance annual report.—Section 1301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 101 note) is amended by striking subsection (k).

(c) Express lane demonstration program reports.—Section 1604 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 129 note) is amended by striking subsection (b)(7)(B).

(d) Surface transportation project delivery pilot program.—Section 327 of title 23, United States Code, is amended—

(1) by striking subsection (i); and

(2) by redesignating subsection (j) as subsection (i).

(e) Expedient decisions and reviews report.—Section 139(h)(7)(B) of title 23, United States Code, is amended by striking “every 120 days” and inserting in its place “annually”.

SEC. 3001. Short title; amendments to title 49, United States Code.

(a) Short title.—This title may be cited as the “Federal Public Transportation Act of 2015”.

(b) Amendment of title 49.—Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

SEC. 3002. Definitions.

Section 5302 is amended—

(1) by redesignating paragraphs (2) through (23) as paragraphs (3) through (24), respectively;

(2) by inserting a new paragraph (2) to read as follows:

“(2) BASE-MODEL BUS.—The term ‘base-model bus’ means a heavy-duty public transportation bus manufactured to meet, but not exceed, transit specific minimum performance criteria developed by the Secretary.”;

(3) by revising paragraph (5), redesignated, to read as follows:

“(5) DESIGNATED RECIPIENT.—The term ‘designated recipient’ means—

“(A) an entity designated, in accordance with the planning process under sections 5303 and 5304 of this title, by the governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 of this title to urbanized areas of 200,000 or more in population;

“(B) a State that receives and apportions amounts under sections 5310, 5336, 5337 and 5339 of this title to urbanized areas of less than 200,000 in population notwithstanding such an area’s designated as a transportation management area to pursuant section 5303; or

“(C) a State, or State authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.”; and

(4) by inserting a new paragraph at the end to read as follows:

“(25) VALUE CAPTURE.—The term ‘value capture’ means recovering the increased value to property located near public transportation resulting from investments in public transportation.”.

SEC. 3002a. Capital investment grants.

Section 5309 is amended—

(1) In subsection (a), by adding a new paragraph (8) at the end to read as follows:

“(8) VERY SMALL STARTS.—The term ‘very small starts’ means a project for new corridor or regional based bus service with premium features that is located in an area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.”;

(2) in subsection (b)—

(A) in paragraph (1) by striking “and”;

(B) by redesignating paragraph (2) as paragraph (3); and

(C) by adding a new paragraph (2) to reads as follows:

“(2) a very small starts project; and”;

(3) in subsection (c)(1), by striking “for new fixed guideway capital projects, small start projects, or core capacity improvement project,”;

(4) in subsection (l)(1), by adding at the end the following:

“ A grant for a very small starts project shall not exceed 80 percent of the net capital project cost.”; and

(5) by adding at the end a new subsection (p) to read as follows:

“(p) Very small starts projects.—

“(1) IN GENERAL.—A very small starts project shall be subject to the requirements of this subsection.

“(2) The Secretary shall define a process by which an applicant develops sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection.

“(3) SELECTION CRITERIA.—The Secretary may provide financial assistance for a very small starts project under this subsection only if the Secretary determines that the project—

“(A) is based on the results of an analysis of the benefits of the project in accordance with criteria established by the Secretary; and

“(B) is supported by an acceptable degree of local financial commitment.

“(4) GRANTS AND EXPEDITED GRANT AGREEMENTS.—

“(A) IN GENERAL.—The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to provide a commitment on the part of the Secretary to provide funding for the project in future fiscal years.

“(B) TERMS OF EXPEDITED GRANT AGREEMENTS.—In executing an expedited grant agreement under this subsection, the Secretary may include in the agreement similar terms to those established under subsection (k)(2).

“(C) NOTICE OF PROPOSED GRANTS AND EXPEDITED GRANT AGREEMENTS.—At least 10 days before making a grant award or entering into a grant agreement for a project under this subsection, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited grant agreement, as well as the evaluations and ratings for the project.”.

SEC. 3003. Formula grants for enhanced mobility.

Section 5310(a)(1) of title 49, United States Code, is amended by inserting “, a local governmental entity,” after “designated recipient”.

SEC. 3004. Formula grants for rural areas.

Section 5311 is amended—

(1) by revising subsection (c)(1)(B) to read as follows:

    “(B) $30,000,000 in fiscal year 2016, $30,871,500 in fiscal year 2017, $31,764,700 in fiscal year 2018, $32,680,141 in fiscal year 2019, $33,618,377 in fiscal year 2020, and $34,579,974 in fiscal year 2021 shall be apportioned as formula grants, as provided in subsection (j).”;

(2) in subsection (g)(2)—

(A) in paragraph (A), by striking “by subparagraph (B)” and inserting “otherwise in this paragraph”; and

(B) by adding at the end as follows:

“(C) MAINTENANCE OF EFFORT.—Notwithstanding subparagraphs (A) and (B), a grant under this section for operating assistance may be for 80 percent of the net operating costs of the project, as determined by the Secretary, provided the recipient shall enter into such agreement as the Secretary may require to ensure that the recipient will maintain its public transportation capital and operating expenditures in such fiscal year at or above the average level of such expenditures for the preceding 3 fiscal years.

“(D) EXCEPTION.—A State entering into an agreement pursuant to subparagraph (C) and described in section 120(b) of title 23 shall receive a Government share of the net operating costs in accordance with the formula under that section.”;

(3) in subsection (j)(1)(A)(iii), by striking “Tribal lands (as defined by the Bureau of Census)” and inserting “American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census,”; and

(4) by revising subsection (j)(1)(B) to read as follows:

    “(B) LIMITATION.—

    “(i) Notwithstanding subparagraph (A), no recipient shall receive an apportionment under this subsection that is less than $20,000; and

    “(ii) No recipient shall receive more than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year.”.

SEC. 3005. Workforce development programs.

(a) In general.—Section 5322 is amended to read as follows:

§ 5322. Workforce development programs

“(a) In general.—The Secretary, in consultation with the Secretary of Labor, may undertake, or make grants, cooperative agreements, other agreements, or enter into contracts for programs that address human resource needs as they apply to public transportation. A program may include—

“(1) an employment training program;

“(2) an outreach program to increase employment of minorities, women, and individuals with disabilities in public transportation activities;

“(3) research on public transportation personnel and training need; and

“(4) training and assistance for minority business opportunities.

“(b) Ladders of opportunity public transportation grant program.—

“(1) IN GENERAL.—The Secretary shall undertake, make grants or cooperative agreements, or enter into contracts to establish, conduct and administer a public transportation workforce development program that addresses critical workforce issues and prepares individuals for employment and career pathways in public transportation, including in the area of public transportation technology.

“(2) PROGRAMS.—Eligible public transportation workforce development programs under this subsection are skills training, on the job training, and work-based learning, including apprenticeship programs that are registered under the National Apprenticeship Act (29 U.S.C. 50 et seq.), that—

“(A) are, to the extent possible, nationally or regionally significant in scope;

“(B) replicate a successful workforce development model adopted in multiple geographic locations;

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

“(D) are designed to address current or projected workforce shortages;

“(E) give priority to minorities, women, individuals with disabilities, veterans, low-income populations and other underserved populations;

“(F) are designed to provide career pathways that support the movement of targeted populations from initial or short-term employment opportunities to sustainable careers; and

“(G) other critical activities as identified by the Secretary.

“(3) PROGRAM OUTCOMES.—Recipients of assistance pursuant to this subsection shall require that skills training, on the job training, and work-based learning, including registered apprenticeships, utilized to carry out this subsection demonstrate program outcomes including—

“(A) impact on reducing public transportation workforce shortages in the area served;

“(B) diversity of training participants;

“(C) number of participants obtaining certifications or credentials required for specific types of employment;

“(D) employment outcome, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act; and

“(E) to the extent practical, evidence that the program did not preclude workers that are participating in skills training, on the job training, and work-based learning, including registered apprenticeships from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in such program.

“(4) COORDINATION.—Recipients of assistance under this subsection shall—

“(A) identify the training needs, to be implemented at the local level in coordination with entities such as local employers, local transit 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 minority, disability, and low-income populations; and

“(B) to the extent practicable, conduct local training programs in coordination with existing local training programs supported by the U.S. Department of Transportation, the U.S. Department of Labor (including registered apprenticeship programs), and the U.S. Department of Education.

“(5) RESEARCH AND PROGRAM EVALUATION.—The Secretary shall conduct research and an impact evaluation based on measurable outcomes of the training funded under this subsection. In the second, fourth and sixth year following the enactment of this subsection, the Secretary shall conduct an aggregate analysis of the national impact related to workforce shortage, diversity, and job placement.

“(c) National public transportation institute.—

“(1) IN GENERAL.—The Secretary may enter into grants, contracts or cooperative agreements, and other agreements, awarded on a competitive basis, to conduct a national public transportation institute to develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work.

“(2) COOPERATIVE EFFORT.—In cooperation with the Secretary, State transportation departments, public transportation authorities, State workforce agencies, and national and international entities, the institute under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in public transportation work.

“(3) TRAINING AND EDUCATIONAL PROGRAMS.—The training and educational programs developed under paragraph (2) may include courses in recent developments, techniques, and procedures related to—

“(A) intermodal and public transportation planning;

“(B) management;

“(C) environmental factors;

“(D) acquisition and joint use rights-of-way;

“(E) engineering and architectural design;

“(F) procurement strategies for public transportation systems;

“(G) turnkey approaches to delivering public transportation systems;

“(H) new technologies;

“(I) emission reduction technologies;

“(J) ways to make public transportation accessible to individuals with disabilities;

“(K) construction, construction management, insurance, and risk management;

“(L) maintenance;

“(M) contract administration;

“(N) inspection;

“(O) innovative finance;

“(P) workplace safety; and

“(Q) public transportation security.

“(4) PROVIDING EDUCATION AND TRAINING.—Education and training of Federal, State, and local public transportation employees under this subsection shall be provided—

“(A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or

“(B) when the education and training are paid under paragraph (5) of this subsection, by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.

“(d) Use for administration and technical assistance.—The Secretary may use up to 1 percent of the amounts made available to carry out this section to administer, oversee, and provide technical assistance for the activities and programs developed and conducted with this section.

“(e) Government’s share of costs.—A grant, cooperative agreement, other agreement, or contract awarded under this section may be up to 100 percent of the cost of the project.

“(f) Availability of amounts.—

“(1) Up to 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 up to 80 percent of the cost of eligible activities under this section; and

“(2) A recipient may transfer amounts under paragraph (1) to existing local training programs supported by the Secretary, the U.S. Department of Labor, and the U.S. Department of Education.”.

(b) Conforming amendment.—The analysis for chapter 53 is amended by striking the item relating to section 5322 and inserting the following:


“5322. Workforce development programs.”.

SEC. 3006. General provisions.

Section 5323 is amended—

(1) In subsection (i), by redesignating paragraphs (1) and (2) as (2) and (3), respectively and inserting a new paragraph (1) to read as follows:

“(1) ACQUISITION OF BASE-MODEL BUSES.—A grant for the acquisition of a base-model bus for use in public transportation may be up to 85 percent of the net project cost.”;

(2) in subsection (j)—

(A) by revising paragraph (2)(C) to read as follows:

“(C) ROLLING STOCK PROCUREMENT.—When procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—

“(i) the cost of components and subcomponents produced in the United States—

“(I) for fiscal year 2016 is more than 60 percent of the cost of all components of the rolling stock;

“(II) for fiscal year 2017 is more than 70 percent of the cost of all components of the rolling stock;

“(III) for fiscal year 2018 is more than 80 percent of the cost of all components of the rolling stock; and

“(IV) for fiscal year 2019 is more than 90 percent of the cost of all components of the rolling stock; and

“(ii) final assembly of the rolling stock, including rolling stock prototypes, has occurred in the United States; or”;

(B) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and

(C) by inserting a new paragraph (3) following paragraph (2), to read as follows:

“(3) ROLLING STOCK COST AND ASSEMBLY.—Beginning in fiscal year 2019, when procuring rolling stock, including rolling stock prototypes, the cost of the components and subcomponents produced in the United States shall be 100 percent and final assembly shall occur in the United States.”; and

(3) by inserting a new subsection at the end to read as follows:

“(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.”.

SEC. 3007. Public transportation local hiring.

Section 5325 is amended—

(1) in subsection (a) by striking “Recipients of assistance” and inserting “Except as provided in subsections (k) and (l), recipients of assistance”;

(2) in subsection (h), by striking “A grant awarded” and inserting “Except as provided in subsections (k) and (l), a grant awarded”; and

(3) by inserting a new subsection (l) at the end to read as follows:

“(l) Local hiring.—

“(1) IN GENERAL.—A recipient of assistance may post job opportunities on State job banks and with One Stop Centers established under the Workforce Investment Act, and may advertise and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work to be performed is for construction work required under the contract, provided that—

“(A) all or part of the construction work performed under the contract occurs in an area that has—

“(i) a per capita income of 80 percent or less of the national average; or

“(ii) an unemployment rate that is for the most recent 24-month period for which data are available at least 1 percent greater than the national average unemployment rate;

“(B) the estimated cost of the project of which the contract is a part is greater than $10,000,000; and

“(C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to an apprenticeship program or other training program meeting the requirements of section 5332 of this title.

“(2) ADVERTISEMENT.—In advertising and awarding a contract under this subsection, the Secretary or a recipient of assistance shall ensure that the requirements contained in the advertisement would not—

“(A) compromise the quality of the project;

“(B) unreasonably delay the completion of the project; or

“(C) unreasonably increase the cost of the project.”.

SEC. 3008. Public transportation safety program.

(a) In general.—Section 5329(e) is amended—

(1) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively;

(2) by adding the following after paragraph (2):

“(3) STATE PARTICIPATION.—

“(A) An eligible State having within its jurisdiction 1 or more rail fixed guideway public transportation systems in revenue service, design or construction that have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year or which provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year may request, in writing, that the Secretary oversee the safety of such systems consistent with the oversight and enforcement authority under this section.

“(B) Should a State be granted an exemption under this subparagraph (C), the State will not be subject to the State safety oversight requirements under this subsection and shall not be eligible to receive a State Safety Oversight grant authorized under paragraph (6) of this subsection.

“(C) The Secretary shall provide an exemption to a State that meets the criteria under subparagraph (A) within 30 days of the Secretary’s receipt of the State’s request or inform the State of the reason an exemption cannot be granted.”; and

(3) in paragraph (7), as redesignated—

(A) by striking “shall be 80” and insert “may be up to 100”; and

(B) by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii).

(b) Public transportation safety enforcement.—Section 5329(g) is amended to read as follows:

“(g) Enforcement.—

“(1) TYPES OF ENFORCEMENT ACTIONS.—The Secretary may take enforcement action against recipient that does not comply with Federal law with respect to the safety of the public transportation system, including—

“(A) issuing directives;

“(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;

“(C) imposing more frequent reporting requirements;

“(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects;

“(E) withholding financial assistance under this chapter in an amount to be determined by the Secretary;

“(F) issuing penalties pursuant to paragraph (2);

“(G) instituting a civil action pursuant to paragraph (4); and

“(H) issuing orders, including orders issued pursuant to paragraph (7).

“(2) PENALTIES.—The Secretary has the authority—

“(A) to establish, impose and compromise a civil penalty for a violation of a public transportation safety regulation promulgated or order issued under this section;

“(B) to establish, impose and compromise a civil penalty for violation of the alcohol and controlled substances testing provisions under section 5331 of this chapter; and

“(C) to request an injunction for a violation of a public transportation safety regulation promulgated or order issued under this section.

“(3) DEPOSIT OF CIVIL PENALTIES.—An amount collected by the Secretary under this section shall be credited to the Federal Transit Administration’s formula and bus appropriations account to carry out subsection (e).

“(4) ENFORCEMENT BY THE ATTORNEY GENERAL.—At the request of the Secretary, the Attorney General shall bring a civil action—

“(A) for appropriate injunctive relief to ensure compliance with this section;

“(B) to collect a civil penalty imposed or an amount agreed upon in a compromise under paragraph (1) of this subsection; or

“(C) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this section.

“(5) JURISDICTION.—An action under paragraph (3) of this subsection may be brought in a district court of the United States in any State in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a public transportation agency receiving assistance under this chapter to comply with this section, or a regulation promulgated under this section.

“(6) CRIMINAL PENALTY.—A person who knowingly violates this section or a public transportation safety regulation or order issued under this section shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation results in death or bodily injury to any person. For purposes of this paragraph—

“(A) a person acts knowingly when the person has actual knowledge of the facts giving rise to the violation; and

“(B) actual knowledge of the existence of a statutory provision, or a regulation or a requirement imposed by the Secretary is not an element of an offense under this paragraph.

“(7) EMERGENCY AUTHORITY.—

“(A) ORDERING RESTRICTIONS AND PROHIBITIONS.—If, through testing, inspection, investigation, or research carried out under this section, the Secretary decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 553 and section 554 of title 5, United States Code, that may be necessary to abate the emergency situation.

“(B) EMERGENCY CONDITION OR PRACTICE.—The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and promulgate standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this subsection to maintain the order in effect for as long as the emergency situation exists.

“(C) REVIEW OF ORDERS.—After issuing an order under this subsection, the Secretary shall provide an opportunity for review of the order under section 554 of title 5, United States Code. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists.

“(D) CIVIL ACTIONS TO COMPEL ISSUANCE OF ORDERS.—An employee of a rail fixed guideway public transportation system provider who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under paragraph (1) of this subsection, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action shall be brought in the judicial district in which the emergency situation is alleged to exist, in which the employing provider has its principal executive office, or in the District of Columbia. The Secretary’s failure to issue an order under paragraph (1) of this subsection may be reviewed only under section 706 of title 5, United States Code.”.

(c) Disclosure of safety information.—Section 5329 is amended by inserting the following at the end:

“(l) Limitation on public disclosure of safety information.—

“(1) IN GENERAL.—A report, data, investigation, or other information, or any portion thereof, submitted to, developed, produced, collected, or obtained by the Secretary or his representative for purposes of enhancing public transportation safety, including information related to a transit provider’s safety plan, safety risks, and mitigation measures, shall not be disclosed to the public pursuant to section 522(b)(3)(B) of title 5 if the Secretary or his representative determines—

“(A) the receipt of the information aids in fulfilling the Secretary’s safety responsibilities; and

“(B) withholding such information from disclosure is necessary to the safety or security of public transportation systems.

“(2) EXCEPTION FOR DE-IDENTIFIED INFORMATION.—

“(A) IN GENERAL.—Paragraph (1) shall not apply to a report, data, investigation or other information if the information contained in the report, data, investigation or other information collected or obtained by the Secretary or his representative has been de-identified.

“(B) DE-IDENTIFIED DEFINED.—In this subsection, the term ‘de-identified’ means the process by which all information that is likely to establish the identity of specific persons or entities submitting reports, data, investigation or other information is removed from the reports, data, or investigation, or other information.”.

SEC. 3009. Authorizations.

Section 5338 is amended to read as follows:

“(a) Transit formula grants.—

“(1) IN GENERAL.—There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out Federal public transportation assistance program under sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5334, 5335, 5337, 5339, and 5340 of this title, and section 20005(b) of the Federal Public Transportation Act of 2012, as amended, $13,914,400,000 in fiscal year 2016, $14,140,000,000 in fiscal year 2017, $14,372,000,000 in fiscal year 2018, $14,610,000,000 in fiscal year 2019, $14,902,200,000 in fiscal year 2020, and $15,200,244,000 in fiscal year 2021.

“(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—

“(A) $131,819,705 shall be available for fiscal year 2016, $135,103,394 for fiscal year 2017, $138,494,393 for fiscal year 2018, $141,992,702 for fiscal year 2019, $146,589,866 for fiscal year 2020, and $151,316,746 for fiscal year 2021, to provide financial assistance for planning under section 5305;

“(B) $10,234,449 shall be available for fiscal year 2016, $10,489,394 for fiscal year 2017, $10,752,670 for fiscal year 2018, $11,024,278 for fiscal year 2019, $11,381,201 for fiscal year 2020, and $11,748,195 for fiscal year 2021, to carry out the pilot program for transit-oriented development planning under section 20005(b) of Public Law 112–114, as amended;

“(C) $4,563,182,693 shall be available for fiscal year 2016, $4,676,853,640 for fiscal year 2017, $4,794,239,323 for fiscal year 2018, $4,915,339,743 for fiscal year 2019, $5,074,479,068 for fiscal year 2020, and $5,238,108,767 for fiscal year 2021, to provide financial assistance under the section 5307 urbanized area formula grant program pursuant to section 5336;

“(D) $264,355,823 shall be available for fiscal year 2016, $270,941,046 for fiscal year 2017, $277,741,473 for fiscal year 2018, $284,757,103 for fiscal year 2019, $293,976,415 for fiscal year 2020, and $303,455,865 for fiscal year 2021, to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;

“(E) $622,049,823 shall be available for fiscal year 2016, $637,545,365 for fiscal year 2017, $653,547,297 for fiscal year 2018, $670,055,621 for fiscal year 2019, $691,749,381 for fiscal year 2020, and $714,055,265 for fiscal year 2021, to provide financial assistance for rural areas under section 5311, of which $35,000,000 in fiscal year 2016, $35,871,500 in fiscal year 2017, $36,764,700 in fiscal year 2018, $37,680,141 in fiscal year 2019, $38,618,377 in fiscal year 2020, and $39,579,974 in fiscal year 2021 shall be available to carry out section 5311(c)(1) and $20,000,000 in each fiscal year 2016 through 2021 shall be available to carry of section 5311(c)(2);

“(F) $3,070,335 shall be available for fiscal year 2016, $3,146,818 for fiscal year 2017, $3,225,801 for fiscal year 2018, $3,307,283 for fiscal year 2019, $3,414,360 for fiscal year 2020, and $3,524,458 for fiscal year 2021, to provide financial assistance for bus testing under section 5318;

“(G) $5,117,225 shall be available for fiscal year 2016, $5,244,697 for fiscal year 2017, $5,376,335 for fiscal year 2018, $5,512,139 for fiscal year 2019, $5,690,600 for fiscal year 2020, and $5,874,097 for fiscal year 2021, to provide financial assistance to the national transit institute under section 5322(d);

“(H) $114,400,000 shall be available for fiscal year 2016, $120,000,000 for fiscal year 2017, $126,000,000 for fiscal year 2018, $132,000,000 for fiscal year 2019, $139,000,000 for fiscal year 2020, and $146,000,000 for fiscal year 2021, for the necessary expenses attributable to the administration and operations of the Federal Transit Administration;

“(I) $3,940,263 shall be available for fiscal year 2016, $4,038,417 for fiscal year 2017, $4,139,778 for fiscal year 2018, $4,244,347 for fiscal year 2019, $4,381,762 for fiscal year 2020, and $4,523,055 for fiscal year 2021, to carry out National Transit Database activities under section 5335;

“(J) $5,719,000,000 shall be available for fiscal year 2016, $5,775,000,000 for fiscal year 2017, $5,832,000,000 for fiscal year 2018, $5,890,000,000 for fiscal year 2019, $5,949,000,000 for fiscal year 2020, and $6,007,800,000 for fiscal year 2021, to provide financial assistance for state of good repair activities under section 5337;

“(K) $1,939,000,000 shall be available for fiscal year 2016, $1,950,000,000 for fiscal year 2017, $1,961,000,000 for fiscal year 2018, $1,972,000,000 for fiscal year 2019, $1,984,000,000 for fiscal year 2020, and $1,996,000,000 for fiscal year 2021, to provide financial assistance the bus and bus facilities program under section 5339; and

“(L) $538,229,684 shall be available for fiscal year 2016, $551,637,228 for fiscal year 2017, $565,482,930 for fiscal year 2018, $579,766,784 for fiscal year 2019, $598,537,347 for fiscal year 2020, and $617,837,552 for fiscal year 2021, and shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311.

“(b) Capital investment grants.—There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out section 5309, $3,250,000,000 in fiscal year 2016, $3,315,000,000 in fiscal year 2017, $3,380,000,000 in fiscal year 2018, $3,450,000,000 in fiscal year 2019, $3,520,000,000 in fiscal year 2020, and $3,590,000,000 in fiscal year 2021.

“(c) Transit research and training.—

“(1) IN GENERAL.—There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out Federal public transportation research and training programs under sections 5312, 5313, 5314, and 5322 (a), (b), (c) and (e), $60,000,000 for fiscal year 2016, $61,000,000 for fiscal year 2017, $63,000,000 for fiscal year 2018, $67,000,000 for fiscal year 2019, $68,000,000 for fiscal year 2020, and $70,000,000 for fiscal year 2021.

“(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—

“(A) $26,000,000 shall be available for fiscal year 2016, $27,000,000 for fiscal year 2017, $29,000,000 for fiscal year 2018, $31,000,000 for fiscal year 2019, $32,000,000 for fiscal year 2020, and $34,000,000 for fiscal year 2021, to carry out research under section 5312;

“(B) $7,000,000 shall be available in each fiscal year 2016 through 2021 to carry out transit cooperative research under section 5313;

“(C) $7,000,000 shall be available for each fiscal year 2016 through 2018, and $9,000,000 for each fiscal year 2019 through 2021, to carry out technical assistance and standards development under section 5314; and

“(D) $20,000,000 shall be available for each fiscal year 2016 through 2021 to carry out human resources and training under section 5322 (a), (b), (c) and (e).

“(d) Emergency relief.—There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out section 5324 of this title, $25,000,000 for each fiscal year 2016 through 2021.

“(e) Rapid growth area transit program.—There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out section 5341 of this title, $500,000,000 for fiscal year 2016, $525,000,000 for fiscal year 2017, $550,000,000 for fiscal year 2018, $600,000,000 for fiscal year 2019, $612,000,000 for fiscal year 2020, and $624,240,000 for fiscal year 2021.

“(f) Oversight.—

“(1) IN GENERAL.—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):

“(A) 0.5 percent of amounts made available to carry out section 5305.

“(B) 0.75 percent of amounts made available to carry out section 5307.

“(C) 1.5 percent of amounts made available to carry out section 5309.

“(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).

“(E) 0.5 percent of amounts made available to carry out section 5310.

“(F) 0.5 percent of amounts made available to carry out section 5311.

“(G) 0.75 percent of amounts made available to carry out section 5337.

“(H) 0.75 percent of amounts made available to carry out section 5339.

“(2) ACTIVITIES.—The activities described in this paragraph are as follows:

“(A) Activities to oversee the construction of a major capital project.

“(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.

“(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

“(3) GOVERNMENT SHARE OF COSTS.—The Government shall pay the entire cost of carrying out a contract under this subsection.

“(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

“(g) Grants as contractual obligations.—A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.

“(h) Availability of amounts.—Amounts made available by or appropriated under this section shall remain available until expended.”.

SEC. 3010. Bus and bus facilities program.

(a) In general.—Section 5339 is amended as follows:

(1) The section heading is amended by striking “Formula”.

(2) Subsection (c) is amended—

(A) by revising paragraph (1) to read as follows:

“(1) RECIPIENTS.—Eligible recipients under this section are States and local governmental entities that operate fixed route bus service or designated recipients that allocate funding to fixed route bus operators.”; and

(B) in paragraph (2), by striking “designated”.

(3) Subsection (d) is amended—

(A) by striking the matter preceding paragraph (1) and inserting:

“(d) Distribution of grant funds.—Funds made available under section 5338 to carry out this section shall be allocated as follows:”;

(B) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(C) in paragraph (3), as redesignated, strike “paragraph (1)” and insert “paragraphs (1) and (2)”; and

(D) by inserting a new paragraph (1) to read as follows:

“(1) COMPETITIVE ALLOCATION.—Thirty percent shall be distributed on a competitive basis by the Secretary, of which not less than 10 percent shall be for projects located in rural areas.”.

(4) Subsection (e) is amended—

(A) in paragraph (1) by striking “subsection (d)(1)” and inserting “subsection (d)(2)”; and

(B) in paragraph (2) by striking “subsection (d)(2)” and inserting “subsection (d)(3)”.

(5) Subsection (g) is amended—

(A) by inserting at the end of the first sentence “under subsections (d)(2) and (d)(3) or three years after the fiscal year in which the project competitively selected under subsection (d)(1) is announced”; and

(B) by revising the second sentence to read as follows: “Not later than 30 days after the end of the 3-year period described in the preceding sentence—

“(1) any amount allocated under subsection (d)(1) that is not obligated on the last day of that period shall be added to the amount that may be available under such subsection in the next fiscal year; and

“(2) any amount apportioned under subsection (d)(2) and (d)(3) that is not obligated on the last day of that period shall be added to the amount that may be apportioned under such subsections in the next fiscal year.”.

(b) Chapter analysis.—The analysis for chapter 53 is amended by striking the item relating to section 5339 and inserting the following:


“5339. Bus and Bus Facilities Program.”.

SEC. 3011. Rapid Growth Area Transit Program.

(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting at the end the following:

§ 5341. Rapid Growth Area Transit Program

“(a) In general.—The Secretary may make grants on a competitive basis to State and local governmental entities for bus rapid transit projects, which may include acquisition of right-of-way or land for purposes of future enhancements to public transportation in the project corridor. Such projects shall serve a high-traffic transportation artery located in an urbanized or rural area that—

“(1) has experienced moderate to significant population growth between the 2000 and 2010 decennial census of population; and

“(2) has a transit system in revenue service that—

“(A) has experienced a moderate to significant increase in ridership; and

“(B) has the financial capacity to pay operating expenses for the existing system and an expanded system.

“(b) Government’s share of costs.—

“(1) FEDERAL TRANSIT ASSISTANCE.—A grant for a bus rapid transit project financed from amounts made available to carry out this section shall be for up to 50 percent of the net capital costs of the project.

“(2) FEDERAL-AID HIGHWAY ASSISTANCE.—Up to 30 percent of the net project costs may be derived from the Surface Transportation Program and the Congestion Mitigation and Air Quality Improvement Program.

“(3) 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.”.

(b) Chapter analysis.—The analysis for chapter 53 is amended by inserting at the end the following:


“5341. Rapid Growth Area Transit Program.”.

SEC. 3012. Technical corrections.

(a) Statewide and nonmetropolitan transportation planning.—Section 5304 is amended—

(1) in subsection (d)(2)(B)(ii)—

(A) by striking “urbanized”; and

(B) by striking “with a population of fewer than 200,000, as calculated according to the most recent decennial census, and”; and

(2) in subsection (d)(2)(C)—

(A) by striking “title 23” and by inserting “this chapter”;

(B) by striking “urbanized”; and

(C) by striking “with a population of fewer than 200,000, as calculated according to the most recent decennial census, and”.

(b) Urbanized area formula grant program.—Section 5307 is amended in subsection (a)(2) (A) and (B), by inserting before “during” each place it appears the following: “or general demand response service”.

(c) Fixed guideway capital investment grants.—Section 5309 is amended—

(1) in subsections (d)(1)(B) and (g)(2)(A)(i), by striking “policies and land use patterns that promote public transportation,” in each place it appears; and

(2) in subsection 5309(d)(2)(A)—

(A) in clause (iii) by inserting “and” after the semicolon preceding the matter in subparagraph (iv);

(B) by striking clause (iv); and

(C) by redesignating clause (v) as clause (iv).

(d) Research, development, demonstration, and deployment projects.—Section 5312 is amended—

(1) in subsection (d)(5)(A)—

(A) in clause (i)(II), by striking “section 5303” and inserting “23 U.S.C. 101(a)(14)”; and

(B) by striking clause (vi), and inserting the following:

“(vi) RECIPIENT.—The term ‘recipient’ means a designated recipient, a local governmental entity, or a State that receives a Federal low or no emissions vehicle grant for an urbanized area eligible under clause (i) of this paragraph directly from the Government.”;

(2) in subsection (d)(5)(C)(ii), by striking “5323(j)” and inserting “5323(i)”; and

(3) in subsection (d)(5)(D), by revising the matter preceding clause (i) to read as follows:

“(D) ALLOCATIONS.—Of the amounts made available to carry out this section in each fiscal year, a sum, in an amount to be determined by the Secretary, shall be available to carry out this paragraph, of which—”.

(e) Bicycle facilities.—Section 5319 is amended—

(1) in the first sentence, after “5307” by striking “, 5309,”;

(2) by striking “Notwithstanding sections 5307(d), 5309(l), and 5311(g), a” and inserting “A”; and

(3) by striking “5307(d)(1)(K)” and inserting “5307(c)(1)(K)”.

(f) Human resources and training.—Section 5322(d)(4) is amended by striking “subsection” and inserting “section.”.

(g) Apportionments of Appropriations for formula grants.—Section 5336(a) is amended by striking “(h)(4)” and inserting “(h)(5)”.

(h) State of good repair program.—Section 5337 is amended—

(1) in subsection (c)(2)(B) by striking “5336(b)(1)” and inserting “5336(b)(2)”;

(2) in subsection (d)(1) by striking “a facility with access for other high-occupancy vehicles” and inserting “high occupancy vehicle lanes during peak hours”;

(3) in subsection (d)(2) by inserting “vehicle” after “motorbus”; and

(4) by inserting the following at the end:

“(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.”.

(i) Oversight.—Section 5338(i)(1) is amended—

(1) in subparagraph (G), by striking “section 5337(c)” and inserting “section 5337”; and

(2) by adding the following at the end:

“(H) 0.75 percent of the amounts made available to carry out section 5339.”.

(j) Bus and bus facilities formula program.—Section 5339 is amended—

(1) in subsection (a)—

(A) by inserting before “financing” the following: “only for the purposes of”; and

(B) by striking “rehabilitate” and inserting “rebuild”; and

(2) by revising subsection (c) to read as follows:

“(c) Eligible recipients and subrecipients.—

“(1) RECIPIENTS.—Eligible recipients under this section are designated recipients that allocate funds to fixed route bus operators or State or local governmental entities that operate fixed route bus service.

“(2) SUBRECIPIENTS.—A recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.”.

(k) Growing states and high density states.—Section 5340(b) is amended by striking “5338(b)(2)(M)” and inserting “5338(a)(2)(K)”.

(l) Technical corrections to surface transportation board jurisdiction.—Section 10501(c) is amended—

(1) in clause (1)(A)(i), by striking “5302(a)” and inserting “5302”;

(2) in subparagraph (1)(B), by striking “mass transportation” and inserting “public transportation” and by striking “5302(a)” and inserting “5302”; and

(3) in subparagraph (2)(A), by striking “mass transportation” and inserting “public transportation”.

SEC. 3013. Technical corrections to title II, division B, of MAP–21.

Section 20013(d) of Public Law 112–141 is amended by striking “5307(c)” and inserting “5307(b)”.

SEC. 3014. Elimination of FTA annual research reporting requirement.

Section 5312 is amended—

(1) by striking subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

SEC. 4001. Authorization of appropriations.

(a) In general.—The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund:

(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section 402 of title 23, United States Code—

(A) $241,146,000 for fiscal year 2016;

(B) $248,380,380 for fiscal year 2017;

(C) $255,831,791 for fiscal year 2018;

(D) $263,506,745 for fiscal year 2019;

(E) $271,411,947 for fiscal year 2020; and

(F) $279,554,306 for fiscal year 2021.

(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For carrying out section 403 of title 23, United States Code—

(A) $152,000,000 for fiscal year 2016;

(B) $158,840,000 for fiscal year 2017;

(C) $166,146,640 for fiscal year 2018;

(D) $173,457,092 for fiscal year 2019;

(E) $181,783,033 for fiscal year 2020; and

(F) $190,145,052 for fiscal year 2021.

(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying out section 405 of title 23, United States Code—

(A) $278,705,000 for fiscal year 2016;

(B) $287,066,150 for fiscal year 2017;

(C) $295,678,135 for fiscal year 2018;

(D) $304,548,479 for fiscal year 2019;

(E) $313,684,933 for fiscal year 2020; and

(F) $323,095,481 for fiscal year 2021.

(4) NATIONAL DRIVER REGISTER.—For carrying out section 303 of title 49, United States Code—

(A) $5,000,000 for fiscal year 2016;

(B) $5,225,000 for fiscal year 2017;

(C) $5,465,350 for fiscal year 2018;

(D) $5,705,825 for fiscal year 2019;

(E) $5,979,705 for fiscal year 2020; and

(F) $6,254,771 for fiscal year 2021.

(5) HIGH VISIBILITY ENFORCEMENT PROGRAM.—For carrying out section 2009 of SAFETEA–LU (23 U.S.C. 402 note)—

(A) $29,000,000 for fiscal year 2016;

(B) $29,870,000 for fiscal year 2017;

(C) $30,766,100 for fiscal year 2018;

(D) $31,689,083 for fiscal year 2019;

(E) $32,639,755 for fiscal year 2020; and

(F) $33,618,948 for fiscal year 2021.

(6) ADMINISTRATIVE EXPENSES.—For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this subtitle—

(A) $28,149,000 for fiscal year 2016;

(B) $28,993,470 for fiscal year 2017;

(C) $29,863,274 for fiscal year 2018;

(D) $30,759,172 for fiscal year 2019;

(E) $31,681,947 for fiscal year 2020; and

(F) $32,632,406 for fiscal year 2021.

(b) Prohibition on other uses.—Except as otherwise provided in chapter 4 of title 23, United States Code, in this subtitle and in the amendments made by this subtitle, the amounts made available from the Highway Account of the Transportation Trust Fund for a program under such chapter—

(1) shall only be used to carry out such program; and

(2) may not be used by States or local governments for construction purposes.

(c) Applicability of title 23.—Except as otherwise provided in chapter 4 of title 23, United States Code, and in this subtitle, amounts made available under subsection (a) for fiscal years 2016 through 2021 shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter 1 of title 23, United States Code.

(d) Regulatory authority.—Grants awarded under this subtitle shall be in accordance with regulations issued by the Secretary.

(e) State matching requirements.—If a grant awarded under this subtitle requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this subtitle (other than planning or administration) without regard to whether such expenditures were actually made in connection with such project.

(f) Grant Application and deadline.—To receive a grant under this subtitle, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

SEC. 4002. Highway safety programs.

(a) Section 402(a) amendments.—Section 402(a)(2)(A) of title 23, United States Code, is amended by—

(1) striking “and” at the end of clause (vi);

(2) redesignating clause (vii) as clause (ix); and

(3) inserting after clause (vi) the following:

“(vii) to reduce injuries and deaths to older drivers;

“(viii) to improve emergency medical services response to crash sites; and”.

(b) Section 402(b) amendments.—Section 402(b)(1)(F) of title 23, United States Code, is amended—

(1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and

(2) by inserting after clause (ii) the following:

“(iii) countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways;”.

(c) Section 402(c) amendments.—Section 402(c) of title 23, United States Code, is amended—

(1) in paragraph (2) by striking “Funds apportioned under this section to any State,” and all that follows;

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

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

“(3) REDUCTION IN APPORTIONMENT.—

“(A) NONAPPROVED PROGRAMS.—Funds apportioned under this section to any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less than 20 percent of the amounts that would otherwise be apportioned to the State under this section, until such time as the Secretary approves such program or determines that the State is implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure to have or implement an approved program in determining the amount of the reduction.

“(B) HIGH RISK.—In consultation with the State, the Secretary shall take appropriate steps to address any deficiencies if a State is determined to be ‘high-risk’ under regulations or procedures of the Secretary, taking into consideration responsibility, financial stability, and management and staffing capabilities. In the fiscal year in which a State has been determined ‘high-risk’, the Secretary shall redirect funds sufficient to address the deficiency. If the State fails to take adequate steps to address the deficiency within 12 months after a ‘high-risk’ designation, in the next fiscal year the Secretary shall reduce funds under this section by not less than 20 percent of the amounts that would otherwise be apportioned to the State under this section. The Secretary shall consider the gravity of the State’s failure to address the deficiency in determining the amount of the reduction. The Secretary shall increase the amount of the reduction in each subsequent fiscal year in which the State fails to take adequate steps to address the deficiency.”; and

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

(A) by striking “or” after “highway safety program” and inserting a comma; and

(B) by inserting “or determines that the State has taken adequate steps to address a deficiency” after “approved program”.

(d) Section 402(g) amendment.—Section 402 of title 23, United States Code, is amended by striking subsection (g) and inserting after subsection (f) the following:

“(g) Restriction.—Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).”.

SEC. 4003. Amendment to section 405 national priority safety programs transfer authority.

Section 405(a)(1)(G) of title 23, United States Code, is amended by adding after the last sentence the following: “If the Secretary reallocates any amounts to increase the amount made available under section 402, the State shall use not less than 30 percent for the purposes of pedestrian and bicycle safety if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System.”.

SEC. 4004. Amendment to motorcyclist safety grant criteria.

Section 405(f) of title 23, United States Code, is amended by inserting the following after paragraph (5):

“(6) SUPPORT ACTIVITY.—The Secretary or the Secretary’s designee may engage in activities with States and State legislators to consider proposals related to motorcycle helmet use laws.”.

SEC. 4005. Amendment to graduated driver licensing incentive grant criteria.

Section 405 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:

“(g) State graduated driver licensing incentive grant.—

“(1) GRANTS AUTHORIZED.—The Secretary shall award grants to States that adopt and implement graduated driver licensing laws that require novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver’s license.

“(2) MINIMUM REQUIREMENTS.—A State’s driver’s license laws shall include—

“(A) a learner’s permit stage that—

“(i) is at least 6 months in duration, but must remain in effect until the driver reaches 16 years of age;

“(ii) requires that the driver be accompanied and supervised at all times while such driver is operating a motor vehicle by a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor; and

“(iii) has at least two of the following criteria:

“(I) a prohibition on the driver using a personal wireless communications device, as defined in subsection (e)(9)(B), while driving except under an exception permitted in subsection (e)(4), and violation of which is a primary offense;

“(II) a requirement that the driver obtain at least 40 hours of behind-the-wheel training with a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor;

“(III) a requirement that the driver attend a driver training course; or

“(IV) a requirement that the driver not be convicted, for a period of six consecutive months immediately prior to entering the intermediate stage or receiving an unrestricted driver’s license, of any offense under State or local law relating to the use or operation of a motor vehicle;

“(B) an intermediate stage that—

“(i) is at least 6 months in duration;

“(ii) restricts driving at night;

“(iii) for a period of not less than six months, prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor is in the motor vehicle; and

“(iv) has at least one of the following criteria:

“(I) a requirement that the intermediate stage remain in effect until the driver reaches 18 years of age;

“(II) a prohibition on the driver using a personal wireless communications device, as defined in subsection (e)(9)(B), while driving except under an exception permitted in subsection (e)(4), and violation of which is a primary offense; or

“(III) a requirement that the driver not be convicted, for a period of six consecutive months immediately prior to receiving an unrestricted driver’s license, of any offense under State or local law relating to the use or operation of a motor vehicle; and

“(C) any other requirement prescribed by the Secretary.

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

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

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

“(4) GRANTS TO STATES THAT IMPLEMENT NATIONAL DRIVER EDUCATION STANDARDS AND ENHANCED INTERMEDIATE STAGE RESTRICTIONS.—

“(A) IN GENERAL.—The Secretary shall make a separate grant under this paragraph, in accordance with subparagraphs (B) and (C), to each State that implements national driver education and training standards prescribed by the National Highway Traffic Safety Administration and enhanced intermediate stage restrictions.

“(B) FIRST YEAR.—A State is eligible for the grant described in this paragraph if the State—

“(i) has not received a grant under this paragraph in a prior fiscal year;

“(ii) receives a grant in the same fiscal year pursuant to paragraph (1);

“(iii) has satisfied the criterion described in paragraph (2)(A)(iii)(III) for the same fiscal year; and

“(iv) submits a plan, approved by the Secretary, to implement national driver education and training standards prescribed by the National Highway Traffic Safety Administration.

“(C) SUCCESSIVE YEARS.—A State is eligible for the grant described in this paragraph if the State—

“(i) has received a grant under this paragraph in a prior fiscal year;

“(ii) receives a grant in the same fiscal year pursuant to paragraph (1);

“(iii) has satisfied the criterion described in paragraph (2)(A)(iii)(III) for the same fiscal year;

“(iv) demonstrates, to the satisfaction of the Secretary, that it is implementing the plan described in subparagraph (B)(iv);

“(v) imposes the restrictions described in paragraph (2)(B)(ii) beginning no later than 10:00 p.m.; and

“(vi) imposes the restrictions described in paragraph (2)(B)(iii) for the entire intermediate stage.

“(D) FUNDING.—Not more than 33 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under this paragraph.

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

“(6) USE OF GRANT AMOUNTS.—Of the grant funds received by a State under this subsection—

“(A) at least 25 percent shall be used for—

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

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

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

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

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

“(B) up to 75 percent may be used for any eligible project or activity under section 402.”.

SEC. 4006. Amendment to ignition interlock grant criteria.

Section 405(d)(6) of title 23, United States Code, is amended by striking subparagraph (A) and inserting the following:

“(A) IN GENERAL.—The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive—

“(i) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed; or

“(ii) a requirement to participate in a 24–7 sobriety program, if—

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

“(II) the individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.”.

SEC. 4007. Amendment to repeat offender and open container criteria.

(a) Definitions.—Section 164(a) of title 23, United States Code, is amended—

(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

(2) by inserting before paragraph (2), as redesignated, the following:

“(1) 24–7 SOBRIETY PROGRAM.—The term ‘24–7 sobriety program’ means a State law or program that authorizes a State court or a State agency to—

“(A) require an individual who plead guilty or was convicted of driving under the influence of alcohol to totally abstain from alcohol for a period of time; and

“(B) require the individual to be subject to testing for alcohol—

“(i) at least twice per day; or

“(ii) by continuous transdermal alcohol monitoring via an electronic monitoring device.”;

(3) in paragraph (5), as redesignated, by striking subparagraph (A) and inserting the following:

“(A) receive, for a period of not less than 1 year, one or more of the following penalties—

“(i) a suspension of all driving privileges;

“(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed;

“(iii) a requirement to participate in a 24–7 sobriety program, if—

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

“(II) the individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; or

“(iv) any other restriction established by regulations promulgated by the Secretary;”;

(4) in paragraph (5), as redesignated, by striking subparagraph (B); and

(5) in paragraph (5), as redesignated, by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

(b) Transfer of funds.—Section 164(b) of title 23, United States Code, is amended—

(1) in paragraph (2)(A), by striking “among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3).” and inserting “among the uses authorized under subparagraphs (A) and (B) of paragraph (1), paragraph (3), and, beginning in fiscal year 2016, subparagraph (C).”; and

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

“(C) ADDITIONAL USES OF FUNDS.—Beginning in fiscal year 2016, of the funds transferred under subparagraph (B)(i)—

“(i) not less than 5 percent shall be expended for pedestrian and bicycle safety activities if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System; and

“(ii) not more than 60 percent may be directed to State and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers, including the purchase of equipment, the training of officers, and the use of additional personnel dedicated to enforcement.”.

(c) Transfer of funds.—Section 154(c) of title 23, United States Code, is amended—

(1) in paragraph (2)(A), by striking “use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3).” and inserting “use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), paragraph (3), and, beginning in fiscal year 2016, subparagraph (C). ”; and

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

“(C) ADDITIONAL USES OF FUNDS.—Beginning in fiscal year 2016, of the funds transferred under subparagraph (B)(i)—

“(i) not less than 5 percent shall be expended for pedestrian and bicycle safety activities if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System; and

“(ii) not more than 60 percent may be directed to State and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers, including the purchase of equipment, the training of officers, and the use of additional personnel dedicated to enforcement.”.

SEC. 4008. Amendment to distracted driving grant criteria.

Section 405(e) of title 23, United States Code, is amended—

(1) in paragraph (3)—

(A) by inserting “and” at the end of subparagraph (B); and

(B) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C);

(2) in paragraph (4)(C), by striking “section 31152” and inserting “section 31136”;

(3) in paragraph (5), by striking “Of” and inserting “Except as provided in paragraph (6)(B), of”;

(4) by striking paragraph (6) and inserting after paragraph (5) the following:

“(6) DISTRACTED DRIVING ENFORCEMENT GRANTS.—

“(A) IN GENERAL.—The Secretary may use up to 50 percent of the amounts available for grants under this subsection to award grants to a State that—

“(i) in fiscal year 2016—

“(I) has a basic text messaging statute, as determined by the Secretary, that is applicable to drivers of all ages;

“(II) makes violation of the statute a primary offense;

“(III) participates in the annual distracted driving law enforcement mobilization coordinated by the Secretary; and

“(IV) is otherwise ineligible for a grant under this subsection;

“(ii) in fiscal year 2017—

“(I) meets the requirements of subparagraph (A)(i); and

“(II) has a statute that establishes a minimum fine for a first violation and increased fines for repeat violations of the statute; and

“(iii) in fiscal year 2018—

“(I) meets the requirements of subparagraphs (A)(i) and (A)(ii); and

“(II) has a statute that prohibits a driver who is younger than 18 years of age from using a personal wireless communications device while driving.

“(B) USE OF GRANT FUNDS; ENFORCEMENT GRANTS.—

“(i) Subject to subparagraphs (B)(ii) and (B)(iii), amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws as follows:

“(ii) In fiscal year 2017, up to 15 percent for any eligible project or activity under section 402.

“(iii) In fiscal year 2018, up to 25 percent for any eligible project or activity under section 402.”; and

(5) by striking paragraph (8), redesignating paragraph (7) as paragraph (8), and inserting after paragraph (6), as amended by this Act, the following:

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

SEC. 4009. Streamlining of national priority safety programs.

Section 405(a)(1) of title 23, United States Code, is amended by striking subparagraph (H).

SEC. 4010. Amendment to highway research and development.

Section 403 of title 23, United States Code, is amended by inserting at the end the following:

“(i) Federal share.—The Federal share of the cost of any project or activity carried out under this section may be up to 100 percent if so specified in the project agreement.”.

SEC. 4101. Authorization of appropriations.

(a) In general.—The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund to carry out chapter 301 of title 49, United States Code, and part C of subtitle VI of title 49, United States Code:

(1) $179,000,000 for fiscal year 2016;

(2) $187,055,000 for fiscal year 2017;

(3) $195,659,530 for fiscal year 2018;

(4) $204,268,549 for fiscal year 2019;

(5) $214,073,440 for fiscal year 2020; and

(6) $223,920,818 for fiscal year 2021.

(b) Contract authority.—The amounts made available under subsection (a) shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project or activity carried out under chapter 301 of title 49, United States Code, or part C of subtitle VI of title 49, United States Code, shall be 100 percent or as otherwise provided in the project agreement.

SEC. 4102. Recall obligations under bankruptcy.

Section 30120A of title 49, United States Code, is amended to read as follows:

“Notwithstanding any provision of title 11, United States Code, a manufacturer’s duty to comply with section 30112, sections 30115 through 30121, and section 30166 of this title shall be enforceable against a manufacturer or a manufacturer’s successors-in-interest whether accomplished by merger or by acquisition of the manufacturer’s stock, the acquisition of all or substantially all of the manufacturer’s assets or a discrete product line, or confirmation of any plan of reorganization under section 1129 of title 11.”.

SEC. 4103. Prohibition on rendering safety elements inoperative and criminal penalties.

(a) In general.—Section 30122 of title 49, United States Code, is amended by revising subsection (b) to read as follows:

“(b) Prohibition.— (1) Except as provided in paragraph (2) of this subsection, a person may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the person reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.

“(2) The prohibition in paragraph (1) does not apply to modifications made by an individual to a motor vehicle or item of equipment owned or leased by that individual.”.

(b) Criminal liability.—Section 30170 of title 49, United States Code, is amended by inserting after paragraph (b) the following;

“(c) Criminal liability for tampering with motor vehicle safety elements.—Whoever willfully, with intent to endanger the safety of any person on board a motor vehicle or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, violates section 30122(b) under this title shall be subject to criminal penalties under section 33(a) of title 18.”.

SEC. 4104. Cooperation with foreign governments.

(a) Title 49 amendment.—Section 30182(b) of title 49, United States Code, is amended by inserting after paragraph (5) the following:

“(6) enter into cooperative agreements (in coordination with the Department of State) and collaborative research and development agreements with foreign governments.”.

(b) Title 23 amendment.—Section 403 of title 23, United States Code, is amended—

(1) in subsection (b)(2)(C), by inserting “foreign government (in coordination with the Department of State)” after “institution,”; and

(2) in subsection (c)(1)(A), by inserting “foreign governments,” after “local governments,”.

SEC. 4105. Functional safety process.

(a) Standards.—Section 30111 of title 49, United States Code, is amended—

(1) by revising the heading of the section to read as follows:

§ 30111. Standards and functional safety process”;

and

(2) by inserting the following after subsection (e):

“(f) Functional safety process.—The Secretary shall prescribe requirements or guidelines for the design, functional safety process, verification and validation, and development of safety-related electronics or software used in motor vehicles and motor vehicle equipment to ensure that they are likely to function as intended and contain fail safe features. The requirements shall be in the form of regulations or guidelines. In prescribing regulations or guidelines under this subsection, the Secretary shall consider existing relevant safety information and motor vehicle safety standards.”.

(b) Section 30165(1) of title 49, United States Code, is amended by inserting “30111(f),” after “section”.

(c) Conforming amendment.—The analysis for chapter 301 is amended by striking the item relating to section 30111 and inserting the following:


“30111. Standards and functional safety process.”.

SEC. 4106. Notification of defect or noncompliance and imminent hazard authority.

(a) In general.—Section 30118 of title 49, United States Code, is amended in subsection (c), by inserting “or electronic mail” after “certified mail”.

(b) Imminent hazard.—Title 49, United States Code, is amended by inserting after section 30167 the following:

§ 30168. Imminent Hazard Authority

“(a) Imminent hazard orders.—

“(1) If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving an imminent hazard of death, personal injury, or significant harm to the public, the Secretary immediately may issue an order prescribing such restrictions and prohibitions as may be necessary to abate the situation, without regard to requirements for prior notice or hearings under this chapter.

“(2) The order shall describe the condition or practice, or the combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists.

“(3) The failure to comply immediately with an order under this section shall subject the person to penalties prescribed in section 30165.

“(b) Timely review of orders.—The Secretary shall provide opportunity for review of the order under section 554 of title 5. If a petition for review is filed, the order will cease to have effect 30 days after the date the order was issued if review is not completed by that time, unless the Secretary determines in writing that the emergency situation still exists.”.

(c) Conforming amendment.—The analysis of chapter 301 of title 49, United States Code, is amended by inserting the following after the item relating to section 30167:


“30168. Imminent Hazard Authority.”.

SEC. 4107. Amendment to judicial review provisions.

(a) In general.—Section 30161 of title 49, United States Code, is amended—

(1) by revising the heading of the section to read as follows:

§ 30161. Judicial review of orders and standards”;

and

(2) by striking the first sentence of subsection (a), and inserting the following:

“Except for an order to issue provisional notification under section 30121 of this title, which may not be reviewed, a person adversely affected by an order issued under this chapter, a rule prescribing a motor vehicle safety standard under this chapter, or any other final agency action taken under this chapter may apply for review of the order, rule, or action by filing a petition for review in the Court of Appeals of the United States for the circuit in which the person resides or has its principal place of business or the District of Columbia Circuit.”.

(b) Recalls enforcement.—Section 30163 of title 49, United States Code, is amended by adding the following at the end:

“(f) Actions To enforce recall orders.—In an action brought under subsection (a) of this section concerning an order issued under section 30118(b) of this title, the Attorney General need only prove that the Secretary provided appropriate notification to the manufacturer under section 30118 and need not establish the substantive validity of the order, which may only be challenged by the manufacturer through the timely filing of a petition under section 30161 of this title. If an action is brought under subsection (a) of this section prior to the expiration of the time available for the filing of a petition under section 30161, the manufacturer may seek a stay of the district court action until the resolution of any petition for review under section 30161.

“(g) Actions To collect a civil penalty.—The Attorney General may bring a civil action in a United States District Court to collect a civil penalty or to collect an amount agreed upon in compromise by the Secretary under section 30165 of this title.”.

(c) Conforming amendment.—The analysis for chapter 301 is amended by striking the item relating to section 30161 and inserting the following:


“30161. Judicial review of orders and standards.”.

SEC. 4108. Inspection authority under automobile fuel economy statute.

Section 32910 of title 49, United States Code, is amended—

(1) in subsection (a)(1)(A), by striking “inspect and copy records of any person at reasonable times”, and inserting “conduct an inspection or investigation that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter”; and

(2) by redesignating subsections (b), (c) and (d) as (c), (d) and (e), respectively, and inserting after subsection (a) the following:

“(b) Matters that can be inspected and impoundment.—In carrying out this chapter, an officer or employee designated by the Secretary of Transportation—

“(1) at reasonable times, may inspect and copy any record related to this chapter;

“(2) on request, may inspect records of a manufacturer, distributor, or dealer to decide whether the manufacturer, distributor, or dealer has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter; and

“(3) at reasonable times, in a reasonable way, and on display of proper credentials and written notice to an owner, operator, or agent in charge, may—

“(A) enter and inspect with reasonable promptness premises in which a motor vehicle or motor vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce;

“(B) inspect with reasonable promptness that vehicle or equipment; and

“(C) impound for not more than 72 hours that vehicle or equipment.”.

SEC. 4109. Recall authority over rental car companies and used car dealers.

(a) Sale, lease or rental restrictions.—Section 30120(i) of title 49, United States Code, is amended to read as follows:

“(i) Limitation on sale, lease or rental of vehicles or equipment.— (1) After receipt of a notification of a defect or noncompliance about a motor vehicle or new item of replacement equipment under section 30119 of this title, a dealer may sell or lease that motor vehicle or new item of replacement equipment, and a rental company may rent that vehicle, only if—

“(A) the defect or noncompliance is remedied as required by this section before delivery under the sale, lease or rental agreement; or

“(B) when the notification is required by an order under section 30118(b) of this title, enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies.

“(2) This subsection does not prohibit a dealer from offering for sale or lease the vehicle or equipment.

“(3) As used in this subsection, the term ‘rental company’ means a person who is engaged in the business of renting a motor vehicle that has a gross vehicle weight rating of 10,000 pounds or less, is rented without a driver for an initial term of less than 4 months and is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes.”.

(b) Sale or lease of used motor vehicles.—Section 30120 of title 49, United States Code, is amended by adding at the end the following:

“(k) Limitation on sale or lease of used motor vehicles.— (1) A person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchase the vehicles other than for resale, may not sell or lease a used motor vehicle until any defect or noncompliance determined under section 30118 of this title with respect to the vehicle has been remedied.

“(2) Paragraph (1) shall not apply if—

“(A) notification of the defect or noncompliance with respect to the vehicle is required under section 30118(b) but enforcement of the order is set aside in a civil action to which section 30121(b) applies; or

“(B) if at the time of sale or lease—

“(i) the recall information regarding a used motor vehicle was not available using the means established by the Secretary under section 31301 of Public Law 112–141; and

“(ii) notification under section 30119 was not received by the seller or lessor.

“(3) As used in this subsection, the term ‘used motor vehicle’ means a motor vehicle that has been purchased previously other than for resale.”.

SEC. 4110. Civil penalties.

Section 30165(a) of title 49, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting “or causes the violation of” after “violates” in the first sentence;

(B) by striking “$5,000” and inserting “$25,000”;

(C) by striking “$35,000,000” and inserting “$300,000,000”; and

(D) by inserting at the end of the paragraph the following:

“An individual is liable under this section only for willfully causing or committing a violation. An individual who has been instructed to commit a violation by a person of greater authority in the entity in which the individual is employed has not acted willfully.”;

(2) in paragraph (2)—

(A) by striking “$10,000” in subparagraph (A) and inserting “$100,000”; and

(B) by striking “$15,000,000” in subparagraph (B) and inserting “$300,000,000”; and

(3) in paragraph (3)—

(A) by striking “$5,000” and inserting “$25,000”; and

(B) by striking “$35,000,000” and inserting “$300,000,000”.

SEC. 4111. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012.

(a) Highway safety programs.—Section 402 of title 23, United States Code is amended—

(1) in subsection (b)(1)(C), by striking “except as provided in paragraph (3),”;

(2) in subsection (b)(1)(E)—

(A) by striking “in which a State” and inserting “for which a State”; and

(B) by striking “subsection (f)” and inserting “subsection (k)”; and

(3) in subsection (k)(4), by striking “paragraph (2)(A)” and inserting “paragraph (3)(A)”.

(b) Highway safety research and development.—Section 403(e) of title 23, United States Code is amended by inserting “of title 49, United States Code” after “chapter 301”.

(c) National priority safety programs.—Section 405 of title 23, United States Code is amended—

(1) in subsection (d)(5), by striking “section 402(c)” and inserting “section 402”;

(2) by striking subsection (f)(2), and inserting the following:

“(2) GRANT AMOUNT.—The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009, provided that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under section 402 for fiscal year 2009.”; and

(3) in subsection (f)(4)(A)(iv), by striking “under subsection (g)”.

(d) Open container requirements.—Section 154 of title 23, United States Code is amended—

(1) in subsection (c)(3)(A), by striking “transferred” and inserting “reserved”; and

(2) in subsection (c)(5), by inserting “or released” after “transferred”.

(e) Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.—Section 164 of title 23, United States Code is amended—

(1) in subsection (b)(3)(A), by striking “transferred” and inserting “reserved”; and

(2) in subsection (b)(5), by inserting “or released” after “transferred”.

SEC. 4112. Tire registration by independent sellers.

Subsection (b) of section 30117 of title 49, United States Code, is amended by revising paragraph (3) to read as follows:

“(3) The Secretary may initiate a rulemaking to consider requiring a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of the name and address of tire purchasers and lessors and information identifying the tire that was purchased or leased, and any additional records the Secretary deems appropriate. Such rulemaking may also consider requiring a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit such records to the manufacturer of the tire by secure means at no cost to tire purchasers or lessors.”.

SEC. 4113. Extension of time period for remedy of tire defects.

Subsection (b) of section 30120 of title 49, United States Code, is amended—

(1) by striking “60 days” in paragraph (1) and replacing it with “six months”; and

(2) by striking “60-day” in paragraph (2), wherever it appears, and replacing it with “six-month”.

SEC. 4114. Dealer requirement to check for unremedied recall.

Section 30120(f) of title 49, United States Code, is amended by striking the period at the end and inserting the following:

““, provided that—

“(1) the dealer notifies the owner of each of the manufacturer’s vehicles it services at the time of the service of any defect or noncompliance remedy that has not been performed; and

“(2) such notification is a requirement specified in a franchise, operating or other agreement between the dealer and manufacturer.”.

SEC. 4115. Pilot grant program for state notification to consumers of motor vehicle recall status.

(a) In general.—The Secretary shall conduct a pilot program to evaluate the feasibility and effectiveness of a State process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the State.

(b) Grants.—To carry out this program, the Secretary may make a grant to a State that agrees to comply with the requirements of this section. Funds made available to a State shall be used for the project described in this section.

(c) Eligibility.—To be eligible for a grant, a State shall submit an application in which it agrees to notify, at the time of registration, each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that vehicle, and provide such other information as the Secretary may require.

(d) Award.—In selecting an applicant for award under this section, the Secretary shall consider the State’s methodology for determining open recalls on a motor vehicle and for informing consumers of such open recalls.

(e) Performance period.—A grant awarded under this section shall require a two-year performance period.

(f) Report.—Not later than 90 days after completion of performance under the grant, the grantee shall provide to the Secretary a report of performance containing such information as the Secretary may require.

(g) Evaluation.—One year after expiration of the grant under this section, the Secretary shall evaluate the extent to which open recalls identified under subsection (c) have been remedied.

(h) Funding.—Notwithstanding the apportionment formula set forth in 23 U.S.C. 402(c)(2), up to $2,000,000 of the amounts made available for apportionment to the States for highway safety programs under 23 U.S.C. 402(c) in fiscal year 2017 shall be available for grants under subsection (b).

(i) Definitions.—In this section:

(1) “Motor vehicle” has the meaning such term has under section 30102(a)(6) of title 49, United States Code.

(2) “Open recall” means a recall for which a notification by a manufacturer is required under section 30118 of title 49, United States Code and that has not been remedied under section 30120 of title 49, United States Code.

(3) “Registration” means the process for registering vehicles for use in the State.

(4) “State” has the meaning such term has under section 101(a) of title 23, United States Code.

SEC. 5001. Amendment of title 49, United States Code.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

SEC. 5101. Commercial motor vehicle defined.

Section 31101(1) is amended to read as follows:

“(1) ‘Commercial motor vehicle’ means (except in section 31106 of this title) a self-propelled or towed vehicle used on the highways in commerce to transport passengers or property, if the vehicle—

“(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;

“(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;

“(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

“(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103 of this title.”.

SEC. 5102. Motor carrier operations affecting interstate commerce.

(a) Prohibited transportation.—Section 521(b)(5) is amended by inserting after paragraph (B) the following:

“(C) If an employee, vehicle, or all or part of an employer’s commercial motor vehicle operations has been ordered out of service pursuant to paragraph (5)(A), the commercial motor vehicle operations of the employee, vehicle or employer that affect interstate commerce are also prohibited.”.

(b) Prohibition on operation in Interstate commerce after nonpayment of penalties.—Section 521(b)(8) is amended—

(1) by striking “An owner or operator of a commercial motor vehicle” and inserting “A person” in subparagraph (A);

(2) by redesignating subparagraph (B) as subparagraph (C);

(3) by inserting after subparagraph (A) the following:

“(B) A person prohibited from operating in interstate commerce pursuant to paragraph (8)(A) may not operate any commercial motor vehicle where such operation affects interstate commerce.”; and

(4) by striking “commercial motor vehicle owners and operators” in subparagraph (C) (as redesignated by paragraph (2)) and inserting “a person”.

SEC. 5103. Bus rentals and definition of employer.

Paragraph (3) of section 31132 is amended to read as follows:

“(3) ‘Employer’—

“(A) means a person engaged in a business affecting interstate commerce that—

“(i) owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the commercial motor vehicle; or

“(ii) offers for rent or lease a motor vehicle designed or used to transport more than 8 passengers, including the driver, and from the same location or as part of the same business provides names or contact information of drivers, or holds itself out to the public as a charter bus company; but

“(B) does not include the Government, a State, or a political subdivision of a State.”.

SEC. 5104. High-risk carrier reviews.

(a) High-Risk carrier reviews.—Section 31104(b) (as amended by section 5401) is amended by adding at the end of paragraph (2) the following:

“From the funds authorized by this subsection, the Secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is among the highest risk carriers for 2 consecutive months.”.

(b) Conforming amendment.—Section 4138 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 U.S.C. 31144 note) is repealed.

SEC. 5105. New entrant safety audits.

Section 31144(g) is amended—

(1) in paragraph (1)(A)—

(A) by striking “shall” and inserting “may”; and

(B) by striking “each owner and each operator” and inserting “an owner or operator”;

(2) in paragraph (1)(B)—

(A) by striking “shall” and inserting “may”; and

(B) by striking “each owner and each operator” and inserting “an owner or operator”;

(3) by striking paragraph (3);

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

(5) in paragraph (3), as redesignated, by striking “after the date on which section 31148(b) is first implemented shall” and inserting “may”.

SEC. 5106. Imminent hazard actions.

Section 521(b)(5)(A) is amended—

(1) by striking “that such” and inserting “that a request for review must be made in writing within 15 days after issuance of the order, and if timely requested, the”;

(2) by striking “occur” and inserting “commence”; and

(3) by striking “issuance of such order” and inserting “receipt of the request for review”.

SEC. 5107. International commerce transported on highways through the United States.

(a) Section 13501(1) is amended by—

(1) in subparagraph (D), striking “or”;

(2) in subparagraph (E), striking “and” at the end and inserting “or”; and

(3) inserting the following:

“(F) a foreign country and another foreign country, or between two places in the same foreign country, to the extent the transportation is in the United States; and”.

(b) Section 31132(4) is amended by—

(1) striking “a place in a State and”;

(2) in subparagraph (A)—

(A) inserting “a place in a State and” before “a place outside that State”; and

(B) striking “or”; and

(3) in subparagraph (B)—

(A) inserting “a place in a State and” before “another place”;

(B) striking the period and inserting “and”; and

(C) inserting at the end the following:

“(C) a foreign country and another foreign country, or between two places in the same foreign country, to the extent the trade, traffic, or transportation is in the United States.”.

SEC. 5201. Commercial driver’s license requirements.

(a) Licensing standards.—Section 31305(a)(7) is amended by inserting “would not be subject to a disqualification under section 31310(g) of this title and” after “taking the tests”.

(b) Disqualifications.—Section 31310(g)(1) is amended by deleting “who holds a commercial driver’s license and”.

SEC. 5202. Disqualifications based on non-commercial motor vehicle operations.

(a) First offense.—Section 31310(b)(1)(D) is amended by deleting “commercial” twice, after “revoked, suspended, or canceled based on the individual’s operation of a” and again after “disqualified from operating a commercial motor vehicle based on the individual’s operation of a”.

(b) Second offense.—Section 31310(c)(1)(D) is amended by striking “commercial” twice, after “revoked, suspended, or canceled based on the individual’s operation of a” and again after “disqualified from operating a commercial motor vehicle based on the individual’s operation of a”.

SEC. 5203. Recording of Federal disqualifications on CDLIS.

Section 31311(a)(15) is amended by—

(1) inserting “(A)” after “(15)”; and

(2) inserting after clause (A), as redesignated, the following:

    “(B) Not later than 10 days after receiving notice from the Secretary that an individual has been disqualified by the Secretary from operating a commercial motor vehicle, the State shall—

    “(i) disqualify the individual from operating a commercial motor vehicle for the period of the Federal disqualification; and

    “(ii) notify the operator of the information system under section 31309 of this title to record the disqualification and the violation that resulted in the disqualification.”.

SEC. 5204. Failure To pay civil penalty as a disqualifying offense.

(a) In general.—Chapter 311 is amended by inserting after section 31151 the following:

§ 31152. Disqualification for failure to pay

“An individual assessed a civil penalty under this chapter, or chapters 5, 51, or 149 of this title, or a regulation issued under any of those provisions, who fails to pay the penalty or fails to comply with the terms of a settlement with the Secretary, shall be disqualified from operating a commercial motor vehicle. The disqualification shall continue until the penalty has been paid, or the individual complies with the terms of the settlement, unless such nonpayment is because the individual is a debtor in a case under chapter 11 of title 11, United States Code.”.

(b) Technical amendments.—Section 31310 is amended—

(1) by redesignating subsections (h) through (k) as subsections (i) through (l), respectively;

(2) by inserting after subsection (g) the following:

“(h) Disqualification for failure To pay.—The Secretary shall disqualify from operating a commercial motor vehicle any individual failing to pay a civil penalty within the prescribed period, or failing to conform to the terms of any settlement with the Secretary. The disqualification shall continue until the penalty has been paid, or the individual conforms to the terms of the settlement, unless the nonpayment is because the individual is a debtor in a case under chapter 11 of title 11, United States Code.”; and

(3) in subsection (i) (as redesignated by paragraph (1) of this subsection) by striking “Notwithstanding subsections (b) through (g)” and inserting “Notwithstanding subsections (b) through (h)”.

(c) Conforming amendment.—The analysis of chapter 311 is amended by inserting after the item relating to section 31151 the following:


“31152. Disqualification for failure to pay.”.

SEC. 5205. Controlled substance violations.

Section 31310(d) is amended by—

(1) inserting after “Controlled Substance Violations.—” the following:

“(1) An individual who receives a verified positive DOT drug test is disqualified from operating a commercial motor vehicle and remains disqualified until the individual completes the substance abuse professional evaluation and treatment and return to duty process under part 40, subpart O of title 49, Code of Federal Regulations.”; and

(2) inserting “(2)” before “The Secretary”.

SEC. 5301. Effect of driving on commercial motor vehicle operators.

Section 31136(a)(4) is amended to read as follows:

“(4) the operation of commercial motor vehicles does not have a significantly adverse effect on the physical condition of the operators; and”.

SEC. 5302. Repeal of commercial jurisdiction exception for brokers of motor carriers of passengers.

Section 13506(a) is amended by deleting paragraph (14) and redesignating paragraph (15) as paragraph (14).

SEC. 5303. Revocation or suspension of registration.

Section 31134(c) is amended—

(1) by striking “The Secretary” and inserting “(1) In general.—The Secretary”;

(2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

(3) in subparagraph (1)(B) (as redesignated), by striking “knowingly failed to comply with the requirements listed in subsection (b)(1)” and inserting “willfully failed to comply with—

    “(i) this part;

    “(ii) an applicable regulation or order of the Secretary; or

    “(iii) a condition of the registration.”;

(4) in subparagraph (1)(C) (as redesignated)—

(A) by striking “has not disclosed” and inserting “has—

“(i) failed to disclose”; and

(B) after the semicolon, inserting “or

“(ii) operated under a new identity or as an affiliate to avoid—

“(I) an order of the Secretary;

“(II) a statutory or regulatory requirement;

“(III) a civil penalty imposed under chapter 5, 51, 149, or 311;

“(IV) an enforcement action initiated by the Secretary;

“(V) a final, proposed or potential adverse safety fitness determination; or

“(VI) a negative compliance history;”;

(5) in subparagraph (1)(D) (as redesignated), by striking the period and inserting a semicolon; and

(6) by adding at the end the following:

“(E) subject to paragraph (3) of this subsection, the employer or person failed—

“(i) to pay a civil penalty imposed under chapter 5, 51, 149, or 311 of this title;

“(ii) to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or

“(iii) to obey a subpoena issued by the Secretary; or

“(F) the employer or person failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with—

“(i) this part;

“(ii) an applicable regulation or order of the Secretary; or

“(iii) a condition of its registration.

“(2) SAFETY FITNESS; IMMINENT HAZARD.—

“(A) EXPEDITED PROCEDURE.—Notwithstanding subchapter II of chapter 5 of title 5, and subject to section 31144(c) of this title, the Secretary shall revoke the registration of an employer or person if the employer or person—

“(i) has been prohibited from operating a commercial motor vehicle in interstate commerce for failure to comply with the safety fitness requirements of section 31144 of this title; or

“(ii) is or was conducting unsafe operations that are or were an imminent hazard (as defined in section 521(b)(5)(B) of this title) to public health or property.

“(B) NOTICE OF REVOCATION.—The Secretary may revoke a registration under this paragraph only after giving notice of the revocation to the registrant.

“(3) LIMITATION.—Paragraph (1)(E) (i) and (ii) shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11.”.

SEC. 5304. Revocation of registration for failure to respond to subpoena.

Section 525 is amended by inserting “subchapter III of chapter 311 or” before “chapter 139”.

SEC. 5305. Lapse of required financial security; suspension of registration.

Section 13906(e) is amended by inserting “or suspend” after “revoke”.

SEC. 5401. FMCSA Financial Assistance Programs.

(a) Definition.—Section 31101 is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following:

“(4) ‘Secretary’ means the Secretary of Transportation.”.

(b) MCSAP and high priority programs; FMCSA authorizations.—Sections 31102 through 31104 are amended to read as follows:

§ 31102. Motor carrier safety assistance program

“(a) In general.—

“(1) The Secretary shall administer a Motor Carrier Safety Assistance Program funded under section 31104 of this title.

“(2) The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, Federally recognized Indian Tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by—

“(A) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials;

“(B) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes;

“(C) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and

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

“(b) State plans.—The Secretary shall prescribe procedures for a State to submit a plan under which the State agrees to assume responsibility for improving motor carrier safety, adopting and enforcing regulations, standards, and orders of the Government on commercial motor vehicle and hazardous materials transportation safety, and adopting and enforcing compatible State regulations, standards, and orders. The Secretary shall approve a plan if the Secretary decides that the plan is adequate to promote the objectives of this section, and the plan—

“(1) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs;

“(2) designates a lead State motor vehicle safety agency responsible for administering the plan throughout the State;

“(3) contains satisfactory assurances that the lead State agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;

“(4) contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders;

“(5) provides a right of entry and inspection to carry out the plan;

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

“(7) provides that the lead State agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes;

“(8) requires registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Government and the State;

“(9) provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles;

“(10) ensures that activities described in subsection (g) of this section, if financed through grants made under this section, will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety programs described in subsection (a) of this section;

“(11) ensures that the lead State agency will coordinate the plan, data collection, and information systems with the State highway safety improvement program required under section 148(c) of title 23;

“(12) ensures participation in appropriate Federal Motor Carrier Safety Administration information technology and data systems and other information systems by all appropriate jurisdictions receiving Motor Carrier Safety Assistance Program funding;

“(13) ensures that information is exchanged among the States in a timely manner;

“(14) provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety;

“(15) provides satisfactory assurances that the State will promote activities in support of national priorities and performance goals, including—

“(A) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;

“(B) activities aimed at providing an appropriate level of training to State Motor Carrier Safety Assistance Program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and

“(C) when conducted with an appropriate commercial motor vehicle inspection, interdiction activities, and appropriate strategies for carrying out those activities, including activities that affect the transportation of controlled substances, as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time, by any occupant of a commercial motor vehicle;

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

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

“(B) the State participates in a national motor carrier safety data correction system prescribed by the Secretary;

“(17) ensures that the State will cooperate in the enforcement of financial responsibility requirements under sections 13906, 31138, and 31139 of this title, and regulations issued under these sections;

“(18) ensures consistent, effective, and reasonable sanctions;

“(19) ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel;

“(20) provides that the State will include in the training manuals for the licensing examination to drive both noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles;

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

“(22) provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors;

“(23) except in the case of an imminent hazard or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, or other location where adequate food, shelter, and sanitation facilities are available for passengers, and reasonable accommodations are available for passengers with disabilities;

“(24) ensures that the State will transmit to its roadside inspectors the notice of each Federal exemption granted pursuant to section 31315(b) of this title and 49 C.F.R. 390.23 and 390.25 and provided to the State by the Secretary, including the name of the person granted the exemption and any terms and conditions that apply to the exemption;

“(25) except as provided in subsection (c) of this section, provides that the State will conduct safety audits of new entrant motor carriers pursuant to section 31144(g) of this title;

“(26) provides that the State agrees to fully participate in the Performance and Registration Information System Management under section 31106(b) of this title no later than 3 years from the date of enactment of this provision by complying with the program participation requirements established in section 31106(b)(3) of this title; and

“(27) for a State that shares a land border with another country, provides that the State—

“(A) will conduct a border commercial motor vehicle safety program that includes enforcement and related projects; or

“(B) if it declines to include appropriate border related activities in its plan, will forfeit a proportionate level of funding as determined by the Secretary.

“(c) Exclusion of U.S. territories.—The requirement that a State conduct safety audits of new entrant motor carriers under subsection (b)(25) of this section does not apply to a territory of the United States unless required by the Secretary.

“(d) Intrastate compatibility.—The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws and regulations with Government motor carrier safety regulations to be enforced under subsection (a) of this section. To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish transportation safety.

“(e) Maintenance of effort.—

“(1) IN GENERAL.—A plan submitted by a State under subsection (b) of this section shall provide that the total expenditure of amounts of the lead State agency responsible for administering the plan will be maintained at a level each fiscal year at least equal to the average level of that expenditure for fiscal years 2004 and 2005.

“(2) AVERAGE LEVEL OF STATE EXPENDITURES.—In estimating the average level of State expenditure under paragraph (1) of this subsection, the Secretary—

“(A) may allow the State to exclude State expenditures for Government-sponsored demonstration and pilot programs and strike forces;

“(B) may allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; and

“(C) shall require the State to exclude State matching amounts used to receive Government financing under this section.

“(3) WAIVERS.—Upon the request of a State, the Secretary may waive or modify the requirements of this subsection for the period of the plan, if the Secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstances.

“(f) Use of unified carrier registration fees agreement.—Amounts generated under section 14504a of this title and received by a State and used for motor carrier safety purposes may be included as part of the State’s share of the Motor Carrier Safety Assistance Program not provided by the Government.

“(g) Use of grants To enforce other laws.—A State may use amounts received under a grant under this section—

“(1) if the activities are carried out in conjunction with an appropriate inspection of a commercial motor vehicle to enforce Federal or State commercial motor vehicle safety regulations, for the—

“(A) enforcement of commercial motor vehicle size and weight limitations at locations (excluding fixed weight facilities) such as near steep grades or mountainous terrains, where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and

“(B) detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a commercial motor vehicle or by any occupant, including the operator, of the vehicle;

“(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles, provided:

“(A) the number of motor carrier safety activities (including roadside safety inspections) conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2004 and 2005; and

“(B) the State does not use more than 5 percent of the basic amount the State receives under a grant under this section for enforcement activities relating to noncommercial motor vehicles unless the Secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety; and

“(3) for the enforcement of household goods regulations on intrastate and interstate carriers, provided that the State has adopted laws or regulations compatible with the Federal household goods regulations.

“(h) Evaluation of plan and award of grant.—

“(1) AWARD.—The Secretary may allocate the amounts appropriated among the States whose plans have been approved under criteria that the Secretary establishes.

“(2) OPPORTUNITY TO CURE.—If the Secretary disapproves a plan under this section, the Secretary shall give the State a written explanation of the reasons for disapproval and allow the State to modify and resubmit the plan for approval.

“(i) Plan monitoring.—

“(1) IN GENERAL.—On the basis of reports submitted by the lead State agency responsible for administering a plan approved under this section and the Secretary’s own investigations, the Secretary shall make a continuing evaluation of the way the State is carrying out the plan.

“(2) WITHHOLDING OF FUNDS.—If, after notice and an opportunity to be heard, the Secretary finds that the State plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations, standards, or orders, the Secretary may withdraw approval of the plan and notify the State. The plan is no longer in effect once the notice is received. In lieu of withdrawing approval of the plan, the Secretary may withhold funding from the State to which the State would otherwise be entitled under this section for the period of the State’s noncompliance. In exercising this option, the Secretary may withhold up to 10 percent of funds for the year that the Secretary notifies the State of its noncompliance, up to 10 percent of funds for the first full year of noncompliance, up to 25 percent of funds for the second full year of noncompliance, and not less than 50 percent of funds for the third and subsequent full years of noncompliance.

“(3) JUDICIAL REVIEW.—A State adversely affected by the Secretary’s action under paragraph (2) of this subsection may seek judicial review under chapter 7 of title 5. Notwithstanding withdrawal of a plan approval, the State may retain jurisdiction in administrative or judicial proceedings begun before the withdrawal if the issues involved are not related directly to the reasons for the withdrawal.

“(j) Allocation of MCSAP funds.—On October 1 of each fiscal year, or as soon as practicable after that date, and after making a deduction under section 31104(a)(3) of this title, the Secretary shall allocate amounts made available to carry out this section for the fiscal year among the States with plans approved under this section. The allocation shall be made under criteria prescribed by the Secretary.

§ 31103. High priority program

“(a) In general.—The Secretary shall administer a High Priority Program funded under section 31104 of this title.

“(b) Purpose.—The purpose of the program is to make grants to and cooperative agreements with States, local governments, other political jurisdictions, Federally recognized Indian Tribes, and any person to carry out high priority activities and projects, including activities and projects that—

“(1) increase public awareness and education on commercial motor vehicle safety;

“(2) target unsafe driving of commercial motor vehicles and non-commercial motor vehicles in areas identified as high-risk crash corridors;

“(3) support the enforcement of household goods regulations on intrastate and interstate carriers, provided that the State has adopted laws or regulations compatible with the Federal household good regulations;

“(4) improve the safe and secure movement of hazardous materials and the transportation of goods and persons in foreign commerce;

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

“(6) otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations; or

“(7) support participation in the Performance and Registration Information System Management under section 31106(b) of this title.

“(c) Safety data improvement.—

“(1) IN GENERAL.—In addition to the activities and projects under subsection (b) of this section and subject to paragraph (2) of this subsection, the Secretary may make a grant to or cooperative agreement with a State under this section to improve the accuracy, timeliness, and completeness of commercial motor vehicle safety data reported to the Secretary.

“(2) ELIGIBILITY.—A State shall be eligible for funding under this subsection in a fiscal year if the Secretary determines that the State has—

“(A) conducted a comprehensive audit of its commercial motor vehicle safety data system within the preceding 2 years;

“(B) developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals; and

“(C) identified performance-based measures to determine progress toward those goals.

§ 31104. Availability of amounts

“(a) Financial assistance programs.—

“(1) IN GENERAL.—The following sums are authorized to be appropri