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PUBLIC LAW 114–94—DEC. 4, 2015

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FIXING AMERICA’S SURFACE
TRANSPORTATION ACT

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129 STAT. 1312

PUBLIC LAW 114–94—DEC. 4, 2015

Public Law 114–94
114th Congress
An Act
Dec. 4, 2015
[H.R. 22]
Fixing America’s
Surface
Transportation
Act.
23 USC 101 note.

To authorize funds for Federal-aid highways, highway safety programs, and transit
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 ‘‘Fixing America’s Surface Transportation Act’’ or the ‘‘FAST Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.

DIVISION A—SURFACE TRANSPORTATION
Definitions.
Reconciliation of funds.
Effective date.
References.

1101.
1102.
1103.
1104.
1105.
1106.
1107.
1108.
1109.
1110.
1111.
1112.
1113.
1114.
1115.
1116.
1117.
1118.
1119.
1120.
1121.
1122.
1123.

Subtitle A—Authorizations and Programs
Authorization of appropriations.
Obligation ceiling.
Definitions.
Apportionment.
Nationally significant freight and highway projects.
National highway performance program.
Emergency relief for federally owned roads.
Railway-highway grade crossings.
Surface transportation block grant program.
Highway use tax evasion projects.
Bundling of bridge projects.
Construction of ferry boats and ferry terminal facilities.
Highway safety improvement program.
Congestion mitigation and air quality improvement program.
Territorial and Puerto Rico highway program.
National highway freight program.
Federal lands and tribal transportation programs.
Tribal transportation program amendment.
Federal lands transportation program.
Federal lands programmatic activities.
Tribal transportation self-governance program.
State flexibility for National Highway System modifications.
Nationally significant Federal lands and tribal projects program.

TITLE I—FEDERAL-AID HIGHWAYS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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Subtitle B—Planning and Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Subtitle C—Acceleration of Project Delivery
Sec. 1301. Satisfaction of requirements for certain historic sites.

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PUBLIC LAW 114–94—DEC. 4, 2015
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1302.
1303.
1304.
1305.
1306.
1307.
1308.
1309.
1310.
1311.
1312.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1313.
1314.
1315.
1316.
1317.
1318.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.
1406.
1407.
1408.
1409.
1410.
1411.
1412.
1413.

Sec. 1414.
Sec. 1415.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1416.
1417.
1418.
1419.
1420.
1421.
1422.
1423.
1424.
1425.
1426.
1427.
1428.
1429.
1430.
1431.
1432.
1433.
1434.
1435.
1436.
1437.
1438.
1439.
1440.
1441.
1442.
1443.
1444.
1445.
1446.

129 STAT. 1313

Clarification of transportation environmental authorities.
Treatment of certain bridges under preservation requirements.
Efficient environmental reviews for project decisionmaking.
Integration of planning and environmental review.
Development of programmatic mitigation plans.
Technical assistance for States.
Surface transportation project delivery program.
Program for eliminating duplication of environmental reviews.
Application of categorical exclusions for multimodal projects.
Accelerated decisionmaking in environmental reviews.
Improving State and Federal agency engagement in environmental reviews.
Aligning Federal environmental reviews.
Categorical exclusion for projects of limited Federal assistance.
Programmatic agreement template.
Assumption of authorities.
Modernization of the environmental review process.
Assessment of progress on accelerating project delivery.
Subtitle D—Miscellaneous
Prohibition on the use of funds for automated traffic enforcement.
Highway Trust Fund transparency and accountability.
Additional deposits into Highway Trust Fund.
Design standards.
Justification reports for access points on the Interstate System.
Performance period adjustment.
Vehicle-to-infrastructure equipment.
Federal share payable.
Milk products.
Interstate weight limits.
Tolling; HOV facilities; Interstate reconstruction and rehabilitation.
Projects for public safety relating to idling trains.
National electric vehicle charging and hydrogen, propane, and natural
gas fueling corridors.
Repeat offender criteria.
Administrative provisions to encourage pollinator habitat and forage on
transportation rights-of-way.
High priority corridors on National Highway System.
Work zone and guard rail safety training.
Consolidation of programs.
Elimination or modification of certain reporting requirements.
Flexibility for projects.
Productive and timely expenditure of funds.
Study on performance of bridges.
Relinquishment of park-and-ride lot facilities.
Pilot program.
Service club, charitable association, or religious service signs.
Motorcyclist advisory council.
Highway work zones.
Use of durable, resilient, and sustainable materials and practices.
Identification of roadside highway safety hardware devices.
Use of modeling and simulation technology.
National Advisory Committee on Travel and Tourism Infrastructure.
Emergency exemptions.
Report on Highway Trust Fund administrative expenditures.
Availability of reports.
Appalachian development highway system.
Appalachian regional development program.
Border State infrastructure.
Adjustments.
Elimination of barriers to improve at-risk bridges.
At-risk project preagreement authority.
Regional infrastructure accelerator demonstration program.
Safety for users.
Sense of Congress.
Every Day Counts initiative.
Water infrastructure finance and innovation.
Technical corrections.

TITLE II—INNOVATIVE PROJECT FINANCE
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.

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129 STAT. 1314

PUBLIC LAW 114–94—DEC. 4, 2015

Sec. 2002. Availability payment concession model.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3001.
3002.
3003.
3004.
3005.
3006.
3007.
3008.
3009.
3010.
3011.
3012.
3013.
3014.
3015.
3016.
3017.
3018.
3019.
3020.
3021.

Sec.
Sec.
Sec.
Sec.
Sec.

3022.
3023.
3024.
3025.
3026.

Sec.
Sec.
Sec.
Sec.

3027.
3028.
3029.
3030.

TITLE III—PUBLIC TRANSPORTATION
Short title.
Definitions.
Metropolitan and statewide transportation planning.
Urbanized area formula grants.
Fixed guideway capital investment grants.
Enhanced mobility of seniors and individuals with disabilities.
Formula grants for rural areas.
Public transportation innovation.
Technical assistance and workforce development.
Private sector participation.
General provisions.
Project management oversight.
Public transportation safety program.
Apportionments.
State of good repair grants.
Authorizations.
Grants for buses and bus facilities.
Obligation ceiling.
Innovative procurement.
Review of public transportation safety standards.
Study on evidentiary protection for public transportation safety program
information.
Improved public transportation safety measures.
Paratransit system under FTA approved coordinated plan.
Report on potential of Internet of Things.
Report on parking safety.
Appointment of directors of Washington Metropolitan Area Transit Authority.
Effectiveness of public transportation changes and funding.
Authorization of grants for positive train control.
Amendment to title 5.
Technical and conforming changes.

TITLE IV—HIGHWAY TRAFFIC SAFETY
Authorization of appropriations.
Highway safety programs.
Highway safety research and development.
High-visibility enforcement program.
National priority safety programs.
Tracking process.
Stop motorcycle checkpoint funding.
Marijuana-impaired driving.
Increasing public awareness of the dangers of drug-impaired driving.
National priority safety program grant eligibility.
Data collection.
Study on the national roadside survey of alcohol and drug use by drivers.
Sec. 4013. Barriers to data collection report.
Sec. 4014. Technical corrections.
Sec. 4015. Effective date for certain programs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4001.
4002.
4003.
4004.
4005.
4006.
4007.
4008.
4009.
4010.
4011.
4012.

TITLE V—MOTOR CARRIER SAFETY
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5101.
5102.
5103.
5104.
5105.
5106.
5107.

Subtitle A—Motor Carrier Safety Grant Consolidation
Grants to States.
Performance and registration information systems management.
Authorization of appropriations.
Commercial driver’s license program implementation.
Extension of Federal motor carrier safety programs for fiscal year 2016.
Motor carrier safety assistance program allocation.
Maintenance of effort calculation.

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Subtitle B—Federal Motor Carrier Safety Administration Reform
PART I—REGULATORY REFORM
Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1315

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

5221.
5222.
5223.
5224.
5225.

PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM
Correlation study.
Beyond compliance.
Data certification.
Data improvement.
Accident review.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5301.
5302.
5303.
5304.
5305.
5306.
5307.

Subtitle C—Commercial Motor Vehicle Safety
Windshield technology.
Prioritizing statutory rulemakings.
Safety reporting system.
New entrant safety review program.
High risk carrier reviews.
Post-accident report review.
Implementing safety requirements.

Sec.
Sec.
Sec.
Sec.

5401.
5402.
5403.
5404.

Subtitle D—Commercial Motor Vehicle Drivers
Opportunities for veterans.
Drug-free commercial drivers.
Medical certification of veterans for commercial driver’s licenses.
Commercial driver pilot program.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5501.
5502.
5503.
5504.
5505.
5506.
5507.
5508.
5509.
5510.
5511.
5512.
5513.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5514.
5515.
5516.
5517.
5518.
5519.
5520.
5521.
5522.
5523.
5524.

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Sec. 5525.

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Sec.
Sec.
Sec.
Sec.

6001.
6002.
6003.
6004.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

6005.
6006.
6007.
6008.
6009.
6010.
6011.
6012.
6013.

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Subtitle E—General Provisions
Delays in goods movement.
Emergency route working group.
Household goods consumer protection working group.
Technology improvements.
Notification regarding motor carrier registration.
Report on commercial driver’s license skills test delays.
Electronic logging device requirements.
Technical corrections.
Minimum financial responsibility.
Safety study regarding double-decker motorcoaches.
GAO review of school bus safety.
Access to National Driver Register.
Report on design and implementation of wireless roadside inspection
systems.
Regulation of tow truck operations.
Study on commercial motor vehicle driver commuting.
Additional State authority.
Report on motor carrier financial responsibility.
Covered farm vehicles.
Operators of hi-rail vehicles.
Automobile transporter.
Ready mix concrete delivery vehicles.
Transportation of construction materials and equipment.
Commercial delivery of light- and medium-duty trailers.
Exemptions from requirements for certain welding trucks used in pipeline industry.
Report.
TITLE VI—INNOVATION
Short title.
Authorization of appropriations.
Technology and innovation deployment program.
Advanced transportation and congestion management technologies deployment.
Intelligent transportation system goals.
Intelligent transportation system purposes.
Intelligent transportation system program report.
Intelligent transportation system national architecture and standards.
Communication systems deployment report.
Infrastructure development.
Departmental research programs.
Research and Innovative Technology Administration.
Web-based training for emergency responders.

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129 STAT. 1316
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 114–94—DEC. 4, 2015
6014.
6015.
6016.
6017.
6018.
6019.
6020.
6021.
6022.
6023.
6024.
6025.
6026.
6027.
6028.

Hazardous materials research and development.
Office of Intermodalism.
University transportation centers.
Bureau of Transportation Statistics.
Port performance freight statistics program.
Research planning.
Surface transportation system funding alternatives.
Future interstate study.
Highway efficiency.
Transportation technology policy working group.
Collaboration and support.
GAO report.
Traffic congestion.
Smart cities transportation planning study.
Performance management data support program.

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Subtitle A—Authorizations
Sec. 7101. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7201.
7202.
7203.
7204.
7205.
7206.
7207.
7208.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7301.
7302.
7303.
7304.
7305.
7306.

Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle B—Hazardous Material Safety and Improvement
National emergency and disaster response.
Motor carrier safety permits.
Improving the effectiveness of planning and training grants.
Improving publication of special permits and approvals.
Enhanced reporting.
Wetlines.
GAO study on acceptance of classification examinations.
Hazardous materials endorsement exemption.

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

TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION
Sec. 8001. Multimodal freight transportation.
TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
FINANCE BUREAU
Sec. 9001. National Surface Transportation and Innovative Finance Bureau.
Sec. 9002. Council on Credit and Finance.
TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY
Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.
TITLE XI—RAIL

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Sec. 11001. Short title.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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11101.
11102.
11103.
11104.
11105.
11106.

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Subtitle A—Authorizations
Authorization of grants to Amtrak.
Consolidated rail infrastructure and safety improvements.
Federal-State partnership for state of good repair.
Restoration and enhancement grants.
Authorization of appropriations for Amtrak Office of Inspector General.
Definitions.

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Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle B—Amtrak Reforms
Accounts.
Amtrak grant process.
5-year business line and asset plans.
State-supported route committee.
Composition of Amtrak’s Board of Directors.
Route and service planning decisions.
Food and beverage reform.
Rolling stock purchases.
Local products and promotional events.
Amtrak pilot program for passengers transporting domesticated cats
and dogs.
11211. Right-of-way leveraging.
11212. Station development.
11213. Amtrak boarding procedures.
11214. Amtrak debt.
11215. Elimination of duplicative reporting.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11301.
11302.
11303.
11304.
11305.
11306.
11307.
11308.
11309.
11310.
11311.
11312.
11313.
11314.
11315.
11316.

Subtitle C—Intercity Passenger Rail Policy
Consolidated rail infrastructure and safety improvements.
Federal-State partnership for state of good repair.
Restoration and enhancement grants.
Gulf Coast rail service working group.
Northeast Corridor Commission.
Northeast corridor planning.
Competition.
Performance-based proposals.
Large capital project requirements.
Small business participation study.
Shared-use study.
Northeast Corridor through-ticketing and procurement efficiencies.
Data and analysis.
Amtrak Inspector General.
Miscellaneous provisions.
Technical and conforming amendments.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11401.
11402.
11403.
11404.
11405.
11406.
11407.
11408.
11409.
11410.
11411.
11412.
11413.
11414.
11415.

Subtitle D—Safety
Highway-rail grade crossing safety.
Private highway-rail grade crossings.
Study on use of locomotive horns at highway-rail grade crossings.
Positive train control at grade crossings effectiveness study.
Bridge inspection reports.
Speed limit action plans.
Alerters.
Signal protection.
Commuter rail track inspections.
Post-accident assessment.
Recording devices.
Railroad police officers.
Repair and replacement of damaged track inspection equipment.
Report on vertical track deflection.
Rail passenger liability.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11201.
11202.
11203.
11204.
11205.
11206.
11207.
11208.
11209.
11210.

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Subtitle E—Project Delivery
Sec. 11501. Short title.
Sec. 11502. Treatment of improvements to rail and transit under preservation requirements.
Sec. 11503. Efficient environmental reviews.
Sec. 11504. Railroad rights-of-way.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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11601.
11602.
11603.
11604.
11605.
11606.
11607.
11608.
11609.

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Subtitle F—Financing
Short title; references.
Definitions.
Eligible applicants.
Eligible purposes.
Program administration.
Loan terms and repayment.
Credit risk premiums.
Master credit agreements.
Priorities and conditions.

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129 STAT. 1318

PUBLIC LAW 114–94—DEC. 4, 2015

Sec. 11610. Savings provisions.
Sec. 11611. Report on leveraging RRIF.
DIVISION B—COMPREHENSIVE TRANSPORTATION AND CONSUMER
PROTECTION ACT OF 2015
TITLE XXIV—MOTOR VEHICLE SAFETY
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Vehicle Safety
Authorization of appropriations.
Inspector general recommendations.
Improvements in availability of recall information.
Recall process.
Pilot grant program for state notification to consumers of motor vehicle
recall status.
24106. Recall obligations under bankruptcy.
24107. Dealer requirement to check for open recall.
24108. Extension of time period for remedy of tire defects.
24109. Rental car safety.
24110. Increase in civil penalties for violations of motor vehicle safety.
24111. Electronic odometer disclosures.
24112. Corporate responsibility for NHTSA reports.
24113. Direct vehicle notification of recalls.
24114. Unattended children warning.
24115. Tire pressure monitoring system.
24116. Information regarding components involved in recall.
24101.
24102.
24103.
24104.
24105.

Subtitle B—Research And Development And Vehicle Electronics
Sec. 24201. Report on operations of the council for vehicle electronics, vehicle software, and emerging technologies.
Sec. 24202. Cooperation with foreign governments.
Subtitle C—Miscellaneous Provisions
PART I—DRIVER PRIVACY ACT OF 2015
Sec. 24301. Short title.
Sec. 24302. Limitations on data retrieval from vehicle event data recorders.
Sec. 24303. Vehicle event data recorder study.
PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
Sec. 24321. Short title.
Sec. 24322. Passenger motor vehicle information.
PART III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
Sec. 24331. Short title.
Sec. 24332. Tire fuel efficiency minimum performance standards.
Sec. 24333. Tire registration by independent sellers.
Sec. 24334. Tire identification study and report.
Sec. 24335. Tire recall database.
PART IV—ALTERNATIVE FUEL VEHICLES
Sec. 24341. Regulatory parity for natural gas vehicles.
PART V—MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
Sec. 24351. Short title.
Sec. 24352. Motor vehicle safety whistleblower incentives and protections.
Subtitle D—Additional Motor Vehicle Provisions
Required reporting of NHTSA agenda.
Application of remedies for defects and noncompliance.
Retention of safety records by manufacturers.
Nonapplication of prohibitions relating to noncomplying motor vehicles
to vehicles used for testing or evaluation.
Sec. 24405. Treatment of low-volume manufacturers.
Sec. 24406. Motor vehicle safety guidelines.
Sec. 24407. Improvement of data collection on child occupants in vehicle crashes.
Sec.
Sec.
Sec.
Sec.

24401.
24402.
24403.
24404.

DIVISION C—FINANCE

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TITLE XXXI—HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A—Extension of Trust Fund Expenditure Authority and Related Taxes
Sec. 31101. Extension of Highway Trust Fund expenditure authority.

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PUBLIC LAW 114–94—DEC. 4, 2015

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Sec. 31102. Extension of highway-related taxes.
Subtitle B—Additional Transfers to Highway Trust Fund
Sec. 31201. Further additional transfers to trust fund.
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties.
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund.
TITLE XXXII—OFFSETS
Sec.
Sec.
Sec.
Sec.

32101.
32102.
32103.
32104.

Sec.
Sec.
Sec.
Sec.
Sec.

32201.
32202.
32203.
32204.
32205.

Subtitle A—Tax Provisions
Revocation or denial of passport in case of certain unpaid taxes.
Reform of rules relating to qualified tax collection contracts.
Special compliance personnel program.
Repeal of modification of automatic extension of return due date for
certain employee benefit plans.
Subtitle B—Fees and Receipts
Adjustment for inflation of fees for certain customs services.
Limitation on surplus funds of Federal reserve banks.
Dividends of Federal reserve banks.
Strategic Petroleum Reserve drawdown and sale.
Repeal.

Subtitle C—Outlays
Sec. 32301. Interest on overpayment.
Subtitle D—Budgetary Effects
Sec. 32401. Budgetary effects.
DIVISION D—MISCELLANEOUS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE XLI—FEDERAL PERMITTING IMPROVEMENT
41001. Definitions.
41002. Federal Permitting Improvement Council.
41003. Permitting process improvement.
41004. Interstate compacts.
41005. Coordination of required reviews.
41006. Delegated State permitting programs.
41007. Litigation, judicial review, and savings provision.
41008. Reports.
41009. Funding for governance, oversight, and processing of environmental reviews and permits.
41010. Application.
41011. GAO Report.
41012. Savings provision.
41013. Sunset.
41014. Placement.

TITLE XLII—ADDITIONAL PROVISIONS
Sec. 42001. GAO report on refunds to registered vendors of kerosene used in noncommercial aviation.
TITLE XLIII—PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES
Sec. 43001. Payments from Abandoned Mine Reclamation Fund.
DIVISION E—EXPORT-IMPORT BANK OF THE UNITED STATES
Sec. 50001. Short title.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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TITLE LI—TAXPAYER PROTECTION PROVISIONS AND INCREASED
ACCOUNTABILITY
51001. Reduction in authorized amount of outstanding loans, guarantees, and
insurance.
51002. Increase in loss reserves.
51003. Review of fraud controls.
51004. Office of Ethics.
51005. Chief Risk Officer.
51006. Risk Management Committee.
51007. Independent audit of bank portfolio.

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Sec. 51008. Pilot program for reinsurance.
TITLE LII—PROMOTION OF SMALL BUSINESS EXPORTS
Sec. 52001. Increase in small business lending requirements.
Sec. 52002. Report on programs for small- and medium-sized businesses.
TITLE LIII—MODERNIZATION OF OPERATIONS
Sec. 53001. Electronic payments and documents.
Sec. 53002. Reauthorization of information technology updating.
TITLE LIV—GENERAL PROVISIONS
Sec. 54001. Extension of authority.
Sec. 54002. Certain updated loan terms and amounts.
TITLE LV—OTHER MATTERS
Sec. 55001. Prohibition on discrimination based on industry.
Sec. 55002. Negotiations to end export credit financing.
Sec. 55003. Study of financing for information and communications technology systems.
Sec.
Sec.
Sec.
Sec.
Sec.

61001.
61002.
61003.
61004.
61005.

DIVISION F—ENERGY SECURITY
Emergency preparedness for energy supply disruptions.
Resolving environmental and grid reliability conflicts.
Critical electric infrastructure security.
Strategic Transformer Reserve.
Energy security valuation.
DIVISION G—FINANCIAL SERVICES

TITLE LXXI—IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH
COMPANIES
Sec. 71001. Filing requirement for public filing prior to public offering.
Sec. 71002. Grace period for change of status of emerging growth companies.
Sec. 71003. Simplified disclosure requirements for emerging growth companies.
TITLE LXXII—DISCLOSURE MODERNIZATION AND SIMPLIFICATION
Sec. 72001. Summary page for form 10–K.
Sec. 72002. Improvement of regulation S–K.
Sec. 72003. Study on modernization and simplification of regulation S–K.
TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION
EFFICIENCY AND COST SAVINGS
Sec. 73001. Technical corrections.
Sec. 73002. American Eagle Silver Bullion 30th Anniversary.
TITLE LXXIV—SBIC ADVISERS RELIEF
Sec. 74001. Advisers of SBICs and venture capital funds.
Sec. 74002. Advisers of SBICs and private funds.
Sec. 74003. Relationship to State law.
TITLE LXXV—ELIMINATE PRIVACY NOTICE CONFUSION
Sec. 75001. Exception to annual privacy notice requirement under the GrammLeach-Bliley Act.
TITLE LXXVI—REFORMING ACCESS FOR INVESTMENTS IN STARTUP
ENTERPRISES
Sec. 76001. Exempted transactions.
TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS
OPPORTUNITY
Sec. 77001. Distributions and residual receipts.
Sec. 77002. Future refinancings.
Sec. 77003. Implementation.

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TITLE LXXVIII—TENANT INCOME VERIFICATION RELIEF
Sec. 78001. Reviews of family incomes.
TITLE LXXIX—HOUSING ASSISTANCE EFFICIENCY
Sec. 79001. Authority to administer rental assistance.

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Sec. 79002. Reallocation of funds.
TITLE LXXX—CHILD SUPPORT ASSISTANCE
Sec. 80001. Requests for consumer reports by State or local child support enforcement agencies.
TITLE LXXXI—PRIVATE INVESTMENT IN HOUSING
Sec. 81001. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units.
TITLE LXXXII—CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL
INSTITUTIONS
Sec. 82001. Privately insured credit unions authorized to become members of a
Federal home loan bank.
Sec. 82002. GAO Report.
TITLE LXXXIII—SMALL BANK EXAM CYCLE REFORM
Sec. 83001. Smaller institutions qualifying for 18-month examination cycle.
TITLE LXXXIV—SMALL COMPANY SIMPLE REGISTRATION
Sec. 84001. Forward incorporation by reference for Form S–1.
TITLE LXXXV—HOLDING COMPANY REGISTRATION THRESHOLD
EQUALIZATION
Sec. 85001. Registration threshold for savings and loan holding companies.
TITLE LXXXVI—REPEAL OF INDEMNIFICATION REQUIREMENTS
Sec. 86001. Repeal.
TITLE LXXXVII—TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF
SMALLER INSTITUTIONS
Sec. 87001. Date for determining consolidated assets.
TITLE LXXXVIII—STATE LICENSING EFFICIENCY
Sec. 88001. Short title.
Sec. 88002. Background checks.
TITLE LXXXIX—HELPING EXPAND LENDING PRACTICES IN RURAL
COMMUNITIES
Sec. 89001. Short title.
Sec. 89002. Designation of rural area.
Sec. 89003. Operations in rural areas.

DIVISION A—SURFACE
TRANSPORTATION
SEC. 1001. DEFINITIONS.

23 USC 101 note.

In this division, the following definitions apply:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.

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SEC. 1002. RECONCILIATION OF FUNDS.

The Secretary shall reduce the amount apportioned or allocated
for a program, project, or activity under titles I and VI of this
Act in fiscal year 2016 by amounts apportioned or allocated pursuant to any extension Act of MAP–21, including the amendments
made by that extension Act, during the period beginning on October
1, 2015, and ending on the date of enactment of this Act. For
purposes of making such reductions, funds set aside pursuant to
section 133(h) of title 23, United States Code, as amended by

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this Act, shall be reduced by the amount set aside pursuant to
section 213 of such title, as in effect on the day before the date
of enactment of this Act.
5 USC 5313 note.

SEC. 1003. EFFECTIVE DATE.

Except as otherwise provided, this division, including the
amendments made by this division, takes effect on October 1, 2015.
1 USC 1 note.

SEC. 1004. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in this division shall be treated as referring only
to the provisions of this division.

TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs

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SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national
highway performance program under section 119 of title 23,
United States Code, the surface transportation block grant
program under section 133 of that title, the highway safety
improvement program under section 148 of that title, the
congestion mitigation and air quality improvement program
under section 149 of that title, the national highway freight
program under section 167 of that title, and to carry out section
134 of that title—
(A) $39,727,500,000 for fiscal year 2016;
(B) $40,547,805,000 for fiscal year 2017;
(C) $41,424,020,075 for fiscal year 2018;
(D) $42,358,903,696 for fiscal year 2019; and
(E) $43,373,294,311 for fiscal year 2020.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION PROGRAM.—For credit assistance under the
transportation infrastructure finance and innovation program
under chapter 6 of title 23, United States Code—
(A) $275,000,000 for fiscal year 2016;
(B) $275,000,000 for fiscal year 2017;
(C) $285,000,000 for fiscal year 2018;
(D) $300,000,000 for fiscal year 2019; and
(E) $300,000,000 for fiscal year 2020.
(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal
transportation program under section 202 of title 23,
United States Code—
(i) $465,000,000 for fiscal year 2016;
(ii) $475,000,000 for fiscal year 2017;
(iii) $485,000,000 for fiscal year 2018;
(iv) $495,000,000 for fiscal year 2019; and
(v) $505,000,000 for fiscal year 2020.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

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(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United
States Code—
(I) $335,000,000 for fiscal year 2016;
(II) $345,000,000 for fiscal year 2017;
(III) $355,000,000 for fiscal year 2018;
(IV) $365,000,000 for fiscal year 2019; and
(V) $375,000,000 for fiscal year 2020.
(ii) ALLOCATION.—Of the amount made available
for a fiscal year under clause (i)—
(I) the amount for the National Park Service
is—
(aa) $268,000,000 for fiscal year 2016;
(bb) $276,000,000 for fiscal year 2017;
(cc) $284,000,000 for fiscal year 2018;
(dd) $292,000,000 for fiscal year 2019; and
(ee) $300,000,000 for fiscal year 2020.
(II) the amount for the United States Fish
and Wildlife Service is $30,000,000 for each of
fiscal years 2016 through 2020; and
(III) the amount for the United States Forest
Service is—
(aa) $15,000,000 for fiscal year 2016;
(bb) $16,000,000 for fiscal year 2017;
(cc) $17,000,000 for fiscal year 2018;
(dd) $18,000,000 for fiscal year 2019; and
(ee) $19,000,000 for fiscal year 2020.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal
lands access program under section 204 of title 23, United
States Code—
(i) $250,000,000 for fiscal year 2016;
(ii) $255,000,000 for fiscal year 2017;
(iii) $260,000,000 for fiscal year 2018;
(iv) $265,000,000 for fiscal year 2019; and
(v) $270,000,000 for fiscal year 2020.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code, $200,000,000 for
each of fiscal years 2016 through 2020.
(5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.—For nationally significant freight and highway
projects under section 117 of title 23, United States Code—
(A) $800,000,000 for fiscal year 2016;
(B) $850,000,000 for fiscal year 2017;
(C) $900,000,000 for fiscal year 2018;
(D) $950,000,000 for fiscal year 2019; and
(E) $1,000,000,000 for fiscal year 2020.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
program, discrimination and related barriers continue to
pose significant obstacles for minority- and women-owned
businesses seeking to do business in federally assisted surface transportation markets across the United States;

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PUBLIC LAW 114–94—DEC. 4, 2015
(B) the continuing barriers described in subparagraph
(A) merit the continuation of the disadvantaged business
enterprise program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by public and
private agencies, news stories, reports of discrimination
by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts
alone are insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair participation in surface transportation-related businesses of women
business owners and minority business owners and has
impacted firm development and many aspects of surface
transportation-related business in the public and private
markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) DEFINITIONS.—In this subsection, the following definitions apply:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term ‘‘small business concern’’ means a small business concern (as the term
is used in section 3 of the Small Business Act (15
U.S.C. 632)).
(ii) EXCLUSIONS.—The term ‘‘small business concern’’ does not include any concern or group of concerns
controlled by the same socially and economically disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal
years in excess of $23,980,000, as adjusted annually
by the Secretary for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS.—The term ‘‘socially and economically disadvantaged individuals’’ has the meaning given the term
in section 8(d) of the Small Business Act (15 U.S.C. 637(d))
and relevant subcontracting regulations issued pursuant
to that Act, except that women shall be presumed to be
socially and economically disadvantaged individuals for
purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to
the extent that the Secretary determines otherwise, not less
than 10 percent of the amounts made available for any program
under titles I, II, III, and VI of this Act and section 403
of title 23, United States Code, shall be expended through
small business concerns owned and controlled by socially and
economically disadvantaged individuals.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State, including

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the location of the small business concerns in the State;
and
(B) notify the Secretary, in writing, of the percentage
of the small business concerns that are controlled by—
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) UNIFORM CERTIFICATION.—
(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in
certifying whether a concern qualifies as a small business
concern for the purpose of this subsection.
(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect
to a potential small business concern—
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal
owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) REPORTING.—The Secretary shall establish minimum
requirements for use by State governments in reporting to
the Secretary—
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines
to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive
funds made available under titles I, II, III, and VI of this
Act and section 403 of title 23, United States Code, if the
entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a
final order in which the court finds that a requirement or
the implementation of paragraph (3) is unconstitutional.
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that—
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code
of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts
under laws and regulations administered by the Secretary;
and
(B) such additional steps should include increasing
the Department’s ability to track and keep records of complaints and to make that information publicly available.

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23 USC 104 note.

PUBLIC LAW 114–94—DEC. 4, 2015

SEC. 1102. OBLIGATION CEILING.

(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federalaid highway and highway safety construction programs shall not
exceed—
(1) $42,361,000,000 for fiscal year 2016;
(2) $43,266,100,000 for fiscal year 2017;
(3) $44,234,212,000 for fiscal year 2018;
(4) $45,268,596,000 for fiscal year 2019; and
(5) $46,365,092,000 for fiscal year 2020.
(b) EXCEPTIONS.—The limitations under subsection (a) shall
not apply to obligations under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2020, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 2016 through 2020, the Secretary—
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and

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(B) amounts authorized for the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202
or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a)
for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (12) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(13) for
the fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under this Act and title 23, United States
Code, or apportioned by the Secretary under sections 202 or
204 of that title, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program
in section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(13) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for the fiscal year.

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(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1
of each of fiscal years 2016 through 2020—
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of MAP–21 (Public Law 112–141)) and 104 of title 23, United
States Code.
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs carried out under—
(A) chapter 5 of title 23, United States Code; and
(B) title VI of this Act.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation authority under subsection (c) for
each of fiscal years 2016 through 2020, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that—
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for the fiscal year because of
the imposition of any obligation limitation for the fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.

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SEC. 1103. DEFINITIONS.

Section 101(a) of title 23, United States Code, is amended—
(1) by striking paragraph (29);
(2) by redesignating paragraphs (15) through (28) as paragraphs (16) through (29), respectively; and
(3) by inserting after paragraph (14) the following:

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‘‘(15) NATIONAL HIGHWAY FREIGHT NETWORK.—The term
‘National Highway Freight Network’ means the National Highway Freight Network established under section 167.’’.

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SEC. 1104. APPORTIONMENT.

(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23,
United States Code, is amended to read as follows:
‘‘(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
‘‘(A) $453,000,000 for fiscal year 2016;
‘‘(B) $459,795,000 for fiscal year 2017;
‘‘(C) $466,691,925 for fiscal year 2018;
‘‘(D) $473,692,304 for fiscal year 2019; and
‘‘(E) $480,797,689 for fiscal year 2020.’’.
(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE
APPORTIONMENT.—Section 104(b) of title 23, United States Code,
is amended—
(1) by striking ‘‘(b) DIVISION OF’’ and all that follows before
paragraph (1) and inserting the following:
‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE
APPORTIONMENT.—The Secretary shall distribute the amount of
the base apportionment apportioned to a State for a fiscal year
under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway
safety improvement program, the congestion mitigation and air
quality improvement program, the national highway freight program, and to carry out section 134 as follows:’’;
(2) in paragraphs (1), (2), and (3) by striking ‘‘paragraphs
(4) and (5)’’ each place it appears and inserting ‘‘paragraphs
(4), (5), and (6)’’;
(3) in paragraph (2)—
(A) in the paragraph heading by striking ‘‘SURFACE
TRANSPORTATION
PROGRAM’’
and inserting ‘‘SURFACE
TRANSPORTATION BLOCK GRANT PROGRAM’’; and
(B) by striking ‘‘surface transportation program’’ and
inserting ‘‘surface transportation block grant program’’;
(4) in paragraph (4), in the matter preceding subparagraph
(A), by striking ‘‘the amount determined for the State under
subsection (c)’’ and inserting ‘‘the amount of the base apportionment remaining for the State under subsection (c) after making
the set aside in accordance with paragraph (5)’’;
(5) by redesignating paragraph (5) as paragraph (6);
(6) by inserting after paragraph (4) the following:
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.—
‘‘(A) IN GENERAL.—For the national highway freight
program under section 167, the Secretary shall set aside
from the base apportionment determined for a State under
subsection (c) an amount determined for the State under
subparagraphs (B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount set aside for
the national highway freight program for all States shall
be—
‘‘(i) $1,150,000,000 for fiscal year 2016;
‘‘(ii) $1,100,000,000 for fiscal year 2017;
‘‘(iii) $1,200,000,000 for fiscal year 2018;

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129 STAT. 1330

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(iv) $1,350,000,000 for fiscal year 2019; and
‘‘(v) $1,500,000,000 for fiscal year 2020.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total set-aside
amount for the national highway freight program under
subparagraph (B) so that each State receives the amount
equal to the proportion that—
‘‘(i) the total base apportionment determined for
the State under subsection (c); bears to
‘‘(ii) the total base apportionments for all States
under subsection (c).
‘‘(D) METROPOLITAN PLANNING.—Of the amount set
aside under this paragraph for a State, the Secretary shall
use to carry out section 134 an amount determined by
multiplying the set-aside amount by the proportion that—
‘‘(i) the amount apportioned to the State to carry
out section 134 for fiscal year 2009; bears to
‘‘(ii) the total amount of funds apportioned to the
State for that fiscal year for the programs referred
to in section 105(a)(2) (except for the high priority
projects program referred to in section 105(a)(2)(H)),
as in effect on the day before the date of enactment
of MAP–21 (Public Law 112–141; 126 Stat. 405).’’; and
(7) in paragraph (6) (as so redesignated), in the matter
preceding subparagraph (A), by striking ‘‘the amount determined for the State under subsection (c)’’ and inserting ‘‘the
amount of the base apportionment remaining for a State under
subsection (c) after making the set aside in accordance with
paragraph (5)’’.
(c) CALCULATION OF STATE AMOUNTS.—Section 104(c) of title
23, United States Code, is amended to read as follows:
‘‘(c) CALCULATION OF AMOUNTS.—
‘‘(1) STATE SHARE.—For each of fiscal years 2016 through
2020, the amount for each State shall be determined as follows:
‘‘(A) INITIAL AMOUNTS.—The initial amounts for each
State shall be determined by multiplying—
‘‘(i) each of—
‘‘(I) the base apportionment;
‘‘(II) supplemental funds reserved under subsection (h)(1) for the national highway performance
program; and
‘‘(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block
grant program; by
‘‘(ii) the share for each State, which shall be equal
to the proportion that—
‘‘(I) the amount of apportionments that the
State received for fiscal year 2015; bears to
‘‘(II) the amount of those apportionments
received by all States for that fiscal year.
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that each State receives an aggregate
apportionment equal to at least 95 percent of the estimated
tax payments attributable to highway users in the State
paid into the Highway Trust Fund (other than the Mass

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129 STAT. 1331

Transit Account) in the most recent fiscal year for which
data are available.
‘‘(2) STATE APPORTIONMENT.—On October 1 of fiscal years
2016 through 2020, the Secretary shall apportion the sums
authorized to be appropriated for expenditure on the national
highway performance program under section 119, the surface
transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, the national highway freight program under section
167, and to carry out section 134 in accordance with paragraph
(1).’’.
(d) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(h) SUPPLEMENTAL FUNDS.—
‘‘(1) SUPPLEMENTAL FUNDS FOR NATIONAL HIGHWAY
PERFORMANCE PROGRAM.—
‘‘(A) AMOUNT.—Before making an apportionment for
a fiscal year under subsection (c), the Secretary shall
reserve for the national highway performance program
under section 119 for that fiscal year an amount equal
to—
‘‘(i) $53,596,122 for fiscal year 2019; and
‘‘(ii) $66,717,816 for fiscal year 2020.
‘‘(B) TREATMENT OF FUNDS.—Funds reserved under
subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection.
‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE TRANSPORTATION
BLOCK GRANT PROGRAM.—
‘‘(A) AMOUNT.—Before making an apportionment for
a fiscal year under subsection (c), the Secretary shall
reserve for the surface transportation block grant program
under section 133 for that fiscal year an amount equal
to—
‘‘(i) $835,000,000 for each of fiscal years 2016 and
2017 pursuant to section 133(h), plus—
‘‘(I) $55,426,310 for fiscal year 2016; and
‘‘(II) $89,289,904 for fiscal year 2017; and
‘‘(ii) $850,000,000 for each of fiscal years 2018
through 2020 pursuant to section 133(h), plus—
‘‘(I) $118,013,536 for fiscal year 2018;
‘‘(II) $130,688,367 for fiscal year 2019; and
‘‘(III) $170,053,448 for fiscal year 2020.
‘‘(B) TREATMENT OF FUNDS.—Funds reserved under
subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection.
‘‘(i) BASE APPORTIONMENT DEFINED.—In this section, the term
‘base apportionment’ means—
‘‘(1) the combined amount authorized for appropriation for
the national highway performance program under section 119,
the surface transportation block grant program under section
133, the highway safety improvement program under section
148, the congestion mitigation and air quality improvement

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PUBLIC LAW 114–94—DEC. 4, 2015
program under section 149, the national highway freight program under section 167, and to carry out section 134; minus
‘‘(2) supplemental funds reserved under subsection (h) for
the national highway performance program and the surface
transportation block grant program.’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 104(d)(1)(A) of title 23, United States Code,
is amended by striking ‘‘subsection (b)(5)’’ each place it appears
and inserting ‘‘paragraphs (5)(D) and (6) of subsection (b)’’.
(2) Section 120(c)(3) of title 23, United States Code, is
amended—
(A) in subparagraph (A) in the matter preceding clause
(i), by striking ‘‘or (5)’’ and inserting ‘‘(5)(D), or (6)’’; and
(B) in subparagraph (C)(i) by striking ‘‘and (5)’’ and
inserting ‘‘(5)(D), and (6)’’.
(3) Section 135(i) of title 23, United States Code, is
amended by striking ‘‘section 104(b)(5)’’ and inserting ‘‘paragraphs (5)(D) and (6) of section 104(b)’’.
(4) Section 136(b) of title 23, United States Code, is
amended in the first sentence by striking ‘‘paragraphs (1)
through (5) of section 104(b)’’ and inserting ‘‘paragraphs (1)
through (6) of section 104(b)’’.
(5) Section 141(b)(2) of title 23, United States Code, is
amended by striking ‘‘paragraphs (1) through (5) of section
104(b)’’ and inserting ‘‘paragraphs (1) through (6) of section
104(b)’’.
(6) Section 505(a) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking
‘‘through (4)’’ and inserting ‘‘through (5)’’.

SEC.

1105.

NATIONALLY
PROJECTS.

SIGNIFICANT

FREIGHT

AND

HIGHWAY

(a) IN GENERAL.—Title 23, United States Code, is amended
by inserting after section 116 the following:

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23 USC 117.

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‘‘§ 117. Nationally significant freight and highway projects
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established a nationally significant freight and highway projects program to provide financial
assistance for projects of national or regional significance.
‘‘(2) GOALS.—The goals of the program shall be to—
‘‘(A) improve the safety, efficiency, and reliability of
the movement of freight and people;
‘‘(B) generate national or regional economic benefits
and an increase in the global economic competitiveness
of the United States;
‘‘(C) reduce highway congestion and bottlenecks;
‘‘(D) improve connectivity between modes of freight
transportation;
‘‘(E) enhance the resiliency of critical highway infrastructure and help protect the environment;
‘‘(F) improve roadways vital to national energy security;
and
‘‘(G) address the impact of population growth on the
movement of people and freight.
‘‘(b) GRANT AUTHORITY.—

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129 STAT. 1333

‘‘(1) IN GENERAL.—In carrying out the program established
in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.
‘‘(2) GRANT AMOUNT.—Except as otherwise provided, each
grant made under this section shall be in an amount that
is at least $25,000,000.
‘‘(c) ELIGIBLE APPLICANTS.—
‘‘(1) IN GENERAL.—The Secretary may make a grant under
this section to the following:
‘‘(A) A State or a group of States.
‘‘(B) A metropolitan planning organization that serves
an urbanized area (as defined by the Bureau of the Census)
with a population of more than 200,000 individuals.
‘‘(C) A unit of local government or a group of local
governments.
‘‘(D) A political subdivision of a State or local government.
‘‘(E) A special purpose district or public authority with
a transportation function, including a port authority.
‘‘(F) A Federal land management agency that applies
jointly with a State or group of States.
‘‘(G) A tribal government or a consortium of tribal
governments.
‘‘(H) A multistate or multijurisdictional group of entities described in this paragraph.
‘‘(2) APPLICATIONS.—To be eligible for a grant under this
section, an entity specified in paragraph (1) shall submit to
the Secretary an application in such form, at such time, and
containing such information as the Secretary determines is
appropriate.
‘‘(d) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Except as provided in subsection (e),
the Secretary may make a grant under this section only for
a project that—
‘‘(A) is—
‘‘(i) a highway freight project carried out on the
National Highway Freight Network established under
section 167;
‘‘(ii) a highway or bridge project carried out on
the National Highway System, including—
‘‘(I) a project to add capacity to the Interstate
System to improve mobility; or
‘‘(II) a project in a national scenic area;
‘‘(iii) a freight project that is—
‘‘(I) a freight intermodal or freight rail project;
or
‘‘(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation
infrastructure project necessary to facilitate direct
intermodal interchange, transfer, or access into
or out of the facility; or
‘‘(iv) a railway-highway grade crossing or grade
separation project; and
‘‘(B) has eligible project costs that are reasonably
anticipated to equal or exceed the lesser of—
‘‘(i) $100,000,000; or

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(ii) in the case of a project—
‘‘(I) located in 1 State, 30 percent of the
amount apportioned under this chapter to the
State in the most recently completed fiscal year;
or
‘‘(II) located in more than 1 State, 50 percent
of the amount apportioned under this chapter to
the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.
‘‘(2) LIMITATION.—
‘‘(A) IN GENERAL.—Not more than $500,000,000 of the
amounts made available for grants under this section for
fiscal years 2016 through 2020, in the aggregate, may
be used to make grants for projects described in paragraph
(1)(A)(iii) and such a project may only receive a grant
under this section if—
‘‘(i) the project will make a significant improvement to freight movements on the National Highway
Freight Network; and
‘‘(ii) the Federal share of the project funds only
elements of the project that provide public benefits.
‘‘(B) EXCLUSIONS.—The limitation under subparagraph
(A)—
‘‘(i) shall not apply to a railway-highway grade
crossing or grade separation project; and
‘‘(ii) with respect to a multimodal project, shall
apply only to the non-highway portion or portions of
the project.
‘‘(e) SMALL PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall reserve 10 percent
of the amounts made available for grants under this section
each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold
under subsection (d)(1)(B).
‘‘(2) GRANT AMOUNT.—Each grant made under this subsection shall be in an amount that is at least $5,000,000.
‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In addition to
other applicable requirements, in making grants under this
subsection the Secretary shall consider—
‘‘(A) the cost effectiveness of the proposed project; and
‘‘(B) the effect of the proposed project on mobility in
the State and region in which the project is carried out.
‘‘(f) ELIGIBLE PROJECT COSTS.—Grant amounts received for a
project under this section may be used for—
‘‘(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities; and
‘‘(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational
improvements directly related to improving system performance.
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may select a
project described under this section (other than subsection (e))

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129 STAT. 1335

for funding under this section only if the Secretary determines
that—
‘‘(1) the project will generate national or regional economic,
mobility, or safety benefits;
‘‘(2) the project will be cost effective;
‘‘(3) the project will contribute to the accomplishment of
1 or more of the national goals described under section 150
of this title;
‘‘(4) the project is based on the results of preliminary
engineering;
‘‘(5) with respect to related non-Federal financial commitments—
‘‘(A) 1 or more stable and dependable sources of funding
and financing are available to construct, maintain, and
operate the project; and
‘‘(B) contingency amounts are available to cover
unanticipated cost increases;
‘‘(6) the project cannot be easily and efficiently completed
without other Federal funding or financial assistance available
to the project sponsor; and
‘‘(7) the project is reasonably expected to begin construction
not later than 18 months after the date of obligation of funds
for the project.
‘‘(h) ADDITIONAL CONSIDERATIONS.—In making a grant under
this section, the Secretary shall consider—
‘‘(1) utilization of nontraditional financing, innovative
design and construction techniques, or innovative technologies;
‘‘(2) utilization of non-Federal contributions; and
‘‘(3) contributions to geographic diversity among grant
recipients, including the need for a balance between the needs
of rural and urban communities.
‘‘(i) RURAL AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall reserve not less
than 25 percent of the amounts made available for grants
under this section, including the amounts made available under
subsection (e), each fiscal year to make grants for projects
located in rural areas.
‘‘(2) EXCESS FUNDING.—In any fiscal year in which qualified
applications for grants under this subsection will not allow
for the amount reserved under paragraph (1) to be fully utilized,
the Secretary shall use the unutilized amounts to make other
grants under this section.
‘‘(3) RURAL AREA DEFINED.—In this subsection, the term
‘rural area’ means an area that is outside an urbanized area
with a population of over 200,000.
‘‘(j) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of a project
assisted with a grant under this section may not exceed 60
percent.
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance
other than a grant under this section may be used to satisfy
the non-Federal share of the cost of a project for which such
a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may
not exceed 80 percent of the total project cost.
‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES.—Notwithstanding any other provision of law, any Federal funds other

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129 STAT. 1336

PUBLIC LAW 114–94—DEC. 4, 2015

than those made available under this title or title 49 may
be used to pay the non-Federal share of the cost of a project
carried out under this section by a Federal land management
agency, as described under subsection (c)(1)(F).
‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any
other provision of law, a freight project carried out under this
section shall be treated as if the project is located on a Federalaid highway.
‘‘(l) TIFIA PROGRAM.—At the request of an eligible applicant
under this section, the Secretary may use amounts awarded to
the entity to pay subsidy and administrative costs necessary to
provide the entity Federal credit assistance under chapter 6 with
respect to the project for which the grant was awarded.
‘‘(m) CONGRESSIONAL NOTIFICATION.—
‘‘(1) NOTIFICATION.—
‘‘(A) IN GENERAL.—At least 60 days before making a
grant for a project under this section, the Secretary shall
notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
of the proposed grant. The notification shall include an
evaluation and justification for the project and the amount
of the proposed grant award.
‘‘(B) MULTIMODAL PROJECTS.—In addition to the notice
required under subparagraph (A), the Secretary shall notify
the Committee on Commerce, Science, and Transportation
of the Senate before making a grant for a project described
in subsection (d)(1)(A)(iii).
‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not
make a grant or any other obligation or commitment to fund
a project under this section if a joint resolution is enacted
disapproving funding for the project before the last day of
the 60-day period described in paragraph (1).
‘‘(n) REPORTS.—
‘‘(1) ANNUAL REPORT.—The Secretary shall make available
on the Web site of the Department of Transportation at the
end of each fiscal year an annual report that lists each project
for which a grant has been provided under this section during
that fiscal year.
‘‘(2) COMPTROLLER GENERAL.—
‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under
this section.
‘‘(B) REPORT.—Not later than 1 year after the initial
awarding of grants under this section, the Comptroller
General shall submit to the Committee on Environment
and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that describes—
‘‘(i) the adequacy and fairness of the process by
which each project was selected, if applicable; and
‘‘(ii) the justification and criteria used for the selection of each project, if applicable.’’.

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129 STAT. 1337

(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 116 the following:

23 USC
prec. 101.

‘‘117. Nationally significant freight and highway projects.’’.

(c) REPEAL.—Section 1301 of SAFETEA–LU (23 U.S.C. 101
note), and the item relating to that section in the table of contents
in section 1(b) of such Act, are repealed.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

Section 119 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(h) TIFIA PROGRAM.—Upon Secretarial approval of credit
assistance under chapter 6, the Secretary, at the request of a
State, may allow the State to use funds apportioned under section
104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6
with respect to a project eligible for assistance under this section.
‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN BRIDGES.—
‘‘(1) IN GENERAL.—Funds apportioned to a State to carry
out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the
National Highway System, if the bridge is on a Federal-aid
highway.
‘‘(2) LIMITATION.—A State required to make obligations
under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1).
‘‘(j) CRITICAL INFRASTRUCTURE.—
‘‘(1) CRITICAL INFRASTRUCTURE DEFINED.—In this subsection, the term ‘critical infrastructure’ means those facilities
the incapacity or failure of which would have a debilitating
impact on national or regional economic security, national or
regional energy security, national or regional public health
or safety, or any combination of those matters.
‘‘(2) CONSIDERATION.—The asset management plan of a
State may include consideration of critical infrastructure from
among those facilities in the State that are eligible under
subsection (c).
‘‘(3) RISK REDUCTION.—A State may use funds apportioned
under this section for projects intended to reduce the risk
of failure of critical infrastructure in the State.’’.

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SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.

(a) ELIGIBILITY.—Section 125(d)(3) of title 23, United States
Code, is amended—
(1) in subparagraph (A) by striking ‘‘or’’ at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(C) projects eligible for assistance under this section
located on tribal transportation facilities, Federal lands
transportation facilities, or other federally owned roads
that are open to public travel (as defined in subsection
(e)(1)).’’.
(b) DEFINITIONS.—Section 125(e) of title 23, United States Code,
is amended by striking paragraph (1) and inserting the following:

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‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) OPEN TO PUBLIC TRAVEL.—The term ‘open to public
travel’ means, with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emergencies, the road—
‘‘(i) is maintained;
‘‘(ii) is open to the general public; and
‘‘(iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive
signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of
registration.
‘‘(B) STANDARD PASSENGER VEHICLE.—The term
‘standard passenger vehicle’ means a vehicle with 6 inches
of clearance from the lowest point of the frame, body,
suspension, or differential to the ground.’’.

SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS.

Section 130(e)(1) of title 23, United States Code, is amended
to read as follows:
‘‘(1) IN GENERAL.—
‘‘(A) SET ASIDE.—Before making an apportionment
under section 104(b)(3) for a fiscal year, the Secretary
shall set aside, from amounts made available to carry out
the highway safety improvement program under section
148 for such fiscal year, for the elimination of hazards
and the installation of protective devices at railway-highway crossings at least—
‘‘(i) $225,000,000 for fiscal year 2016;
‘‘(ii) $230,000,000 for fiscal year 2017;
‘‘(iii) $235,000,000 for fiscal year 2018;
‘‘(iv) $240,000,000 for fiscal year 2019; and
‘‘(v) $245,000,000 for fiscal year 2020.
‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least
1⁄2 of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective
devices at railway-highway crossings.
‘‘(C) OBLIGATION AVAILABILITY.—Sums set aside each
fiscal year under subparagraph (A) shall be available for
obligation in the same manner as funds apportioned under
section 104(b)(1).’’.

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23 USC 133 note.

SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

(a) FINDINGS.—Congress finds that—
(1) the benefits of the surface transportation block grant
program accrue principally to the residents of each State and
municipality where the funds are obligated;
(2) decisions about how funds should be obligated are best
determined by the States and municipalities to respond to
unique local circumstances and implement the most efficient
solutions; and
(3) reforms of the program to promote flexibility will
enhance State and local control over transportation decisions.
(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Section 133 of title 23, United States Code, is amended—
(1) by striking subsections (a), (b), (c), and (d) and inserting
the following:

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129 STAT. 1339

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a surface
transportation block grant program in accordance with this section
to provide flexible funding to address State and local transportation
needs.
‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a State under
section 104(b)(2) for the surface transportation block grant program
may be obligated for the following:
‘‘(1) Construction of—
‘‘(A) highways, bridges, tunnels, including designated
routes of the Appalachian development highway system
and local access roads under section 14501 of title 40;
‘‘(B) ferry boats and terminal facilities eligible for
funding under section 129(c);
‘‘(C) transit capital projects eligible for assistance under
chapter 53 of title 49;
‘‘(D) infrastructure-based intelligent transportation
systems capital improvements;
‘‘(E) truck parking facilities eligible for funding under
section 1401 of MAP–21 (23 U.S.C. 137 note); and
‘‘(F) border infrastructure projects eligible for funding
under section 1303 of SAFETEA–LU (23 U.S.C. 101 note).
‘‘(2) Operational improvements and capital and operating
costs for traffic monitoring, management, and control facilities
and programs.
‘‘(3) Environmental measures eligible under sections 119(g),
328, and 329 and transportation control measures listed in
section 108(f)(1)(A) (other than clause (xvi) of that section)
of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
‘‘(4) Highway and transit safety infrastructure improvements and programs, including railway-highway grade
crossings.
‘‘(5) Fringe and corridor parking facilities and programs
in accordance with section 137 and carpool projects in accordance with section 146.
‘‘(6) Recreational trails projects eligible for funding under
section 206, pedestrian and bicycle projects in accordance with
section 217 (including modifications to comply with accessibility
requirements under the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.)), and the safe routes to school program
under section 1404 of SAFETEA–LU (23 U.S.C. 402 note).
‘‘(7) Planning, design, or construction of boulevards and
other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
‘‘(8) Development and implementation of a State asset
management plan for the National Highway System and a
performance-based management program for other public roads.
‘‘(9) Protection (including painting, scour countermeasures,
seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges
(including approaches to bridges and other elevated structures)
and tunnels on public roads, and inspection and evaluation
of bridges and tunnels and other highway assets.
‘‘(10) Surface transportation planning programs, highway
and transit research and development and technology transfer
programs, and workforce development, training, and education
under chapter 5 of this title.

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129 STAT. 1340

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(11) Surface transportation infrastructure modifications
to facilitate direct intermodal interchange, transfer, and access
into and out of a port terminal.
‘‘(12) Projects and strategies designed to support congestion
pricing, including electronic toll collection and travel demand
management strategies and programs.
‘‘(13) At the request of a State, and upon Secretarial
approval of credit assistance under chapter 6, subsidy and
administrative costs necessary to provide an eligible entity
Federal credit assistance under chapter 6 with respect to a
project eligible for assistance under this section.
‘‘(14) The creation and operation by a State of an office
to assist in the design, implementation, and oversight of publicprivate partnerships eligible to receive funding under this title
and chapter 53 of title 49, and the payment of a stipend
to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in
public-private partnership procurements.
‘‘(15) Any type of project eligible under this section as
in effect on the day before the date of enactment of the FAST
Act, including projects described under section 101(a)(29) as
in effect on such day.
‘‘(c) LOCATION OF PROJECTS.—A surface transportation block
grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road
was on a Federal-aid highway system on January 1, 1991, except—
‘‘(1) for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location);
‘‘(2) for a project described in paragraphs (4) through (11)
of subsection (b);
‘‘(3) for a project described in section 101(a)(29), as in
effect on the day before the date of enactment of the FAST
Act; and
‘‘(4) as approved by the Secretary.
‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED
ON POPULATION.—
‘‘(1) CALCULATION.—Of the funds apportioned to a State
under section 104(b)(2) (after the reservation of funds under
subsection (h))—
‘‘(A) the percentage specified in paragraph (6) for a
fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State—
‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000;
‘‘(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
‘‘(iii) in other areas of the State; and
‘‘(B) the remainder may be obligated in any area of
the State.
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses the urbanized area.
‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(iii),
before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall

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129 STAT. 1341

consult with the regional transportation planning organizations
that represent the area, if any.
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the amount of funds that a State is required to obligate
under paragraph (1)(A)(i) shall be obligated in urbanized
areas described in paragraph (1)(A)(i) based on the relative
population of the areas.
‘‘(B) OTHER FACTORS.—The State may obligate the
funds described in subparagraph (A) based on other factors
if the State and the relevant metropolitan planning
organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section
shall be consistent with sections 134 and 135.
‘‘(6) PERCENTAGE.—The percentage referred to in paragraph
(1)(A) is—
‘‘(A) for fiscal year 2016, 51 percent;
‘‘(B) for fiscal year 2017, 52 percent;
‘‘(C) for fiscal year 2018, 53 percent;
‘‘(D) for fiscal year 2019, 54 percent; and
‘‘(E) for fiscal year 2020, 55 percent.’’;
(2) by striking the section heading and inserting ‘‘Surface
transportation block grant program’’;
(3) by striking subsection (e);
(4) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively;
(5) in subsection (e)(1), as redesignated by this subsection—
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’;
and
(B) by striking ‘‘fiscal years 2011 through 2014’’ and
inserting ‘‘fiscal years 2016 through 2020’’;
(6) in subsection (g)(1), as redesignated by this subsection,
by striking ‘‘under subsection (d)(1)(A)(iii) for each of fiscal
years 2013 through 2014’’ and inserting ‘‘under subsection
(d)(1)(A)(ii) for each of fiscal years 2016 through 2020’’; and
(7) by adding at the end the following:
‘‘(h) STP SET-ASIDE.—
‘‘(1) RESERVATION OF FUNDS.—Of the funds apportioned
to a State under section 104(b)(2) for each fiscal year, the
Secretary shall reserve an amount such that—
‘‘(A) the Secretary reserves a total under this subsection of—
‘‘(i) $835,000,000 for each of fiscal years 2016 and
2017; and
‘‘(ii) $850,000,000 for each of fiscal years 2018
through 2020; and
‘‘(B) the State’s share of that total is determined by
multiplying the amount under subparagraph (A) by the
ratio that—
‘‘(i) the amount apportioned to the State for the
transportation enhancements program for fiscal year
2009 under section 133(d)(2), as in effect on the day
before the date of enactment of MAP–21; bears to

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129 STAT. 1342

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) the total amount of funds apportioned to all
States for the transportation enhancements program
for fiscal year 2009.
‘‘(2) ALLOCATION WITHIN A STATE.—Funds reserved for a
State under paragraph (1) shall be obligated within that State
in the manner described in subsection (d), except that, for
purposes of this paragraph (after funds are made available
under paragraph (5))—
‘‘(A) for each fiscal year, the percentage referred to
in paragraph (1)(A) of that subsection shall be deemed
to be 50 percent; and
‘‘(B) the following provisions shall not apply:
‘‘(i) Paragraph (3) of subsection (d).
‘‘(ii) Subsection (e).
‘‘(3) ELIGIBLE PROJECTS.—Funds reserved under this subsection may be obligated for projects or activities described
in section 101(a)(29) or 213, as such provisions were in effect
on the day before the date of enactment of the FAST Act.
‘‘(4) ACCESS TO FUNDS.—
‘‘(A) IN GENERAL.—A State or metropolitan planning
organization required to obligate funds in accordance with
paragraph (2) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection. A metropolitan planning
organization for an area described in subsection (d)(1)(A)(i)
shall select projects under such process in consultation
with the relevant State.
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the
term ‘eligible entity’ means—
‘‘(i) a local government;
‘‘(ii) a regional transportation authority;
‘‘(iii) a transit agency;
‘‘(iv) a natural resource or public land agency;
‘‘(v) a school district, local education agency, or
school;
‘‘(vi) a tribal government;
‘‘(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and
‘‘(viii) any other local or regional governmental
entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan
planning organization or a State agency) that the State
determines to be eligible, consistent with the goals
of this subsection.
‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL TRAILS
PROJECTS.—For each fiscal year, a State shall—
‘‘(A) obligate an amount of funds reserved under this
section equal to the amount of the funds apportioned to
the State for fiscal year 2009 under section 104(h)(2), as
in effect on the day before the date of enactment of MAP–
21, for projects relating to recreational trails under section
206;
‘‘(B) return 1 percent of those funds to the Secretary
for the administration of that program; and
‘‘(C) comply with the provisions of the administration
of the recreational trails program under section 206,

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1343

including the use of apportioned funds described in subsection (d)(3)(A) of that section.
‘‘(6) STATE FLEXIBILITY.—
‘‘(A) RECREATIONAL TRAILS.—A State may opt out of
the recreational trails program under paragraph (5) if the
Governor of the State notifies the Secretary not later than
30 days prior to apportionments being made for any fiscal
year.
‘‘(B) LARGE URBANIZED AREAS.—A metropolitan planning area may use not to exceed 50 percent of the funds
reserved under this subsection for an urbanized area
described in subsection (d)(1)(A)(i) for any purpose eligible
under subsection (b).
‘‘(7) ANNUAL REPORTS.—
‘‘(A) IN GENERAL.—Each State or metropolitan planning
organization responsible for carrying out the requirements
of this subsection shall submit to the Secretary an annual
report that describes—
‘‘(i) the number of project applications received
for each fiscal year, including—
‘‘(I) the aggregate cost of the projects for which
applications are received; and
‘‘(II) the types of projects to be carried out,
expressed as percentages of the total apportionment of the State under this subsection; and
‘‘(ii) the number of projects selected for funding
for each fiscal year, including the aggregate cost and
location of projects selected.
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make
available to the public, in a user-friendly format on the
Web site of the Department of Transportation, a copy of
each annual report submitted under subparagraph (A).
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, projects funded under this section (excluding those
carried out under subsection (h)(5)) shall be treated as projects
on a Federal-aid highway under this chapter.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) SECTION 126.—Section 126(b)(2) of title 23, United States
Code, is amended—
(A) by striking ‘‘section 213’’ and inserting ‘‘section
133(h)’’; and
(B) by striking ‘‘section 213(c)(1)(B)’’ and inserting ‘‘section 133(h)’’.
(2) SECTION 213.—Section 213 of title 23, United States
Code, is repealed.
(3) SECTION 322.—Section 322(h)(3) of title 23, United States
Code, is amended by striking ‘‘surface transportation program’’
and inserting ‘‘surface transportation block grant program’’.
(4) SECTION 504.—Section 504(a)(4) of title 23, United States
Code, is amended—
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’;
and
(B) by striking ‘‘surface transportation program’’ and
inserting ‘‘surface transportation block grant program’’.
(5) CHAPTER 1.—Chapter 1 of title 23, United States Code,
is amended by striking ‘‘surface transportation program’’ each

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23 USC 108,140,
142,149,165.

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PUBLIC LAW 114–94—DEC. 4, 2015
place it appears and inserting ‘‘surface transportation block
grant program’’.
(6) CHAPTER ANALYSES.—
(A) CHAPTER 1.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:

23 USC
prec. 101.

‘‘133. Surface transportation block grant program.’’.

(B) CHAPTER 2.—The item relating to section 213 in
the analysis for chapter 2 of title 23, United States Code,
is repealed.
(7) OTHER REFERENCES.—Any reference in any other law,
regulation, document, paper, or other record of the United
States to the surface transportation program under section
133 of title 23, United States Code, shall be deemed to be
a reference to the surface transportation block grant program
under such section.

23 USC
prec. 201.
23 USC 133 note.

SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

Section 143(b) of title 23, United States Code, is amended—
(1) by striking paragraph (2)(A) and inserting the following:
‘‘(A) IN GENERAL.—From administrative funds made
available under section 104(a), the Secretary may deduct
such sums as are necessary, not to exceed $4,000,000 for
each of fiscal years 2016 through 2020, to carry out this
section.’’;
(2) in the heading for paragraph (8) by inserting ‘‘BLOCK
GRANT’’ after ‘‘SURFACE TRANSPORTATION’’; and
(3) in paragraph (9) by inserting ‘‘, the Committee on
Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works
of the Senate’’ after ‘‘the Secretary’’.

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SEC. 1111. BUNDLING OF BRIDGE PROJECTS.

Section 144 of title 23, United States Code, is amended—
(1) in subsection (c)(2)(A) by striking ‘‘the natural condition
of the bridge’’ and inserting ‘‘the natural condition of the water’’;
(2) by redesignating subsection (j) as subsection (k);
(3) by inserting after subsection (i) the following:
‘‘(j) BUNDLING OF BRIDGE PROJECTS.—
‘‘(1) PURPOSE.—The purpose of this subsection is to save
costs and time by encouraging States to bundle multiple bridge
projects as 1 project.
‘‘(2) ELIGIBLE ENTITY DEFINED.—In this subsection, the term
‘eligible entity’ means an entity eligible to carry out a bridge
project under section 119 or 133.
‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eligible entity
may bundle 2 or more similar bridge projects that are—
‘‘(A) eligible projects under section 119 or 133;
‘‘(B) included as a bundled project in a transportation
improvement program under section 134(j) or a statewide
transportation improvement program under section 135,
as applicable; and
‘‘(C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction
between the contractor and an eligible entity.

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‘‘(4) ITEMIZATION.—Notwithstanding any other provision of
law (including regulations), a bundling of bridge projects under
this subsection may be listed as—
‘‘(A) 1 project for purposes of sections 134 and 135;
and
‘‘(B) a single project.
‘‘(5) FINANCIAL CHARACTERISTICS.—Projects bundled under
this subsection shall have the same financial characteristics,
including—
‘‘(A) the same funding category or subcategory; and
‘‘(B) the same Federal share.
‘‘(6) ENGINEERING COST REIMBURSEMENT.—The provisions
of section 102(b) do not apply to projects carried out under
this subsection.’’; and
(4) in subsection (k)(2), as redesignated by paragraph (2)
of this section, by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’.

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SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.

(a) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—Section 147 of title 23, United States Code, is
amended—
(1) in subsection (a), in the subsection heading, by striking
‘‘IN GENERAL.—’’ and inserting ‘‘PROGRAM.—’’; and
(2) by striking subsections (d) through (g) and inserting
the following:
‘‘(d) FORMULA.—Of the amounts allocated under subsection (c)—
‘‘(1) 35 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the
most recent calendar year for which data is available;
bears to
‘‘(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the
most recent calendar year for which data is available;
‘‘(2) 35 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the number of vehicles carried by each ferry
system in the most recent calendar year for which data
is available; bears to
‘‘(B) the number of vehicles carried by all ferry systems
in the most recent calendar year for which data is available;
and
‘‘(3) 30 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the total route nautical miles serviced by each
ferry system in the most recent calendar year for which
data is available; bears to
‘‘(B) the total route nautical miles serviced by all ferry
systems in the most recent calendar year for which data
is available.
‘‘(e) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.—The Secretary shall—
‘‘(1) withdraw amounts allocated to an eligible entity under
subsection (c) that remain unobligated by the end of the third

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PUBLIC LAW 114–94—DEC. 4, 2015

fiscal year following the fiscal year for which the amounts
were allocated; and
‘‘(2) in the subsequent fiscal year, redistribute the amounts
referred to in paragraph (1) in accordance with the formula
under subsection (d) among eligible entities for which no
amounts were withdrawn under paragraph (1).
‘‘(f) MINIMUM AMOUNT.—Notwithstanding subsection (c), a State
with an eligible entity that meets the requirements of this section
shall receive not less than $100,000 under this section for a fiscal
year.
‘‘(g) IMPLEMENTATION.—
‘‘(1) DATA COLLECTION.—
‘‘(A) NATIONAL FERRY DATABASE.—Amounts made available for a fiscal year under this section shall be allocated
using the most recent data available, as collected and
imputed in accordance with the national ferry database
established under section 1801(e) of SAFETEA–LU (23
U.S.C. 129 note).
‘‘(B) ELIGIBILITY FOR FUNDING.—To be eligible to
receive funds under subsection (c), data shall have been
submitted in the most recent collection of data for the
national ferry database under section 1801(e) of SAFETEA–
LU (23 U.S.C. 129 note) for at least 1 ferry service within
the State.
‘‘(2) ADJUSTMENTS.—On review of the data submitted under
paragraph (1)(B), the Secretary may make adjustments to the
data as the Secretary determines necessary to correct
misreported or inconsistent data.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section $80,000,000
for each of fiscal years 2016 through 2020.
‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b),
funds made available to carry out this section shall remain available
until expended.
‘‘(j) APPLICABILITY.—All provisions of this chapter that are
applicable to the National Highway System, other than provisions
relating to apportionment formula and Federal share, shall apply
to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.’’.
(b) NATIONAL FERRY DATABASE.—Section 1801(e)(4) of
SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subparagraph (D) and inserting the following:
‘‘(D) make available, from the amounts made available
for each fiscal year to carry out chapter 63 of title 49,
not more than $500,000 to maintain the database.’’.
(c) CONFORMING AMENDMENTS.—Section 129(c) of title 23,
United States Code, is amended—
(1) in paragraph (2), in the first sentence, by inserting
‘‘or on a public transit ferry eligible under chapter 53 of title
49’’ after ‘‘Interstate System’’;
(2) in paragraph (3)—
(A) by striking ‘‘(3) Such ferry’’ and inserting ‘‘(3)(A)
The ferry’’; and
(B) by adding at the end the following:
‘‘(B) Any Federal participation shall not involve the
construction or purchase, for private ownership, of a ferry boat,

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129 STAT. 1347

ferry terminal facility, or other eligible project under this section.’’;
(3) in paragraph (4) by striking ‘‘and repair,’’ and inserting
‘‘repair,’’; and
(4) by striking paragraph (6) and inserting the following:
‘‘(6) The ferry service shall be maintained in accordance
with section 116.
‘‘(7)(A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code
of Federal Regulations.
‘‘(B) The Federal share of any proceeds from a disposition
referred to in subparagraph (A) shall be used for eligible purposes under this title.’’.

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SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

(a) IN GENERAL.—Section 148 of title 23, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (4)(B)—
(i) in the matter preceding clause (i), by striking
‘‘includes, but is not limited to,’’ and inserting ‘‘only
includes’’; and
(ii) by adding at the end the following:
‘‘(xxv) Installation of vehicle-to-infrastructure
communication equipment.
‘‘(xxvi) Pedestrian hybrid beacons.
‘‘(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles,
including medians and pedestrian crossing islands.
‘‘(xxviii) A physical infrastructure safety project
not described in clauses (i) through (xxvii).’’;
(B) by striking paragraph (10); and
(C) by redesignating paragraphs (11) through (13) as
paragraphs (10) through (12), respectively;
(2) in subsection (c)(1)(A) by striking ‘‘subsections (a)(12)’’
and inserting ‘‘subsections (a)(11)’’;
(3) in subsection (d)(2)(B)(i) by striking ‘‘subsection (a)(12)’’
and inserting ‘‘subsection (a)(11)’’; and
(4) by adding at the end the following:
‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC ROADS.—
‘‘(1) IN GENERAL.—A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise
unpaved if—
‘‘(A) the State does not use funds provided to carry
out this section for a project on any such roads until the
State completes a collection of the required model inventory
of roadway elements for the applicable road segment; and
‘‘(B) the State demonstrates that the State consulted
with affected Indian tribes before ceasing to collect data
with respect to such roads that are included in the National
Tribal Transportation Facility Inventory under section
202(b)(1) of this title.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to allow a State to cease data collection
related to serious injuries or fatalities.’’.

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(b) COMMERCIAL MOTOR VEHICLE SAFETY BEST PRACTICES.—
(1) REVIEW.—The Secretary shall conduct a review of best
practices with respect to the implementation of roadway safety
infrastructure improvements that—
(A) are cost effective; and
(B) reduce the number or severity of accidents involving
commercial motor vehicles.
(2) CONSULTATION.—In conducting the review under paragraph (1), the Secretary shall consult with State transportation
departments and units of local government.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public
Works of the Senate a report describing the results of the
review conducted under paragraph (1).

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SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.

Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1)(A)(i)(I) by inserting ‘‘in the designated nonattainment area’’ after ‘‘air quality standard’’;
(B) in paragraph (3) by inserting ‘‘or maintenance’’
after ‘‘likely to contribute to the attainment’’;
(C) in paragraph (4) by striking ‘‘attainment of’’ and
inserting ‘‘attainment or maintenance in the area of’’;
(D) in paragraph (7) by striking ‘‘or’’ at the end;
(E) in paragraph (8)—
(i) in subparagraph (A)(ii)—
(I) in the matter preceding subclause (I) by
inserting ‘‘or port-related freight operations’’ after
‘‘construction projects’’; and
(II) in subclause (II) by inserting ‘‘or chapter
53 of title 49’’ after ‘‘this title’’; and
(ii) in subparagraph (B) by striking the period
at the end and inserting ‘‘; or’’; and
(F) by adding at the end the following:
‘‘(9) if the project or program is for the installation of
vehicle-to-infrastructure communication equipment.’’;
(2) in subsection (c)(2) by inserting ‘‘(giving priority to
corridors designated under section 151)’’ after ‘‘at any location
in the State’’;
(3) in subsection (d)—
(A) by striking paragraph (1)(B) and inserting the following:
‘‘(B) is eligible under the surface transportation block
grant program under section 133.’’;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i) by
inserting ‘‘would otherwise be eligible under subsection (b) if the project were carried out in a
nonattainment or maintenance area or’’ after ‘‘may
use for any project that’’; and
(II) in clause (i) by striking ‘‘paragraph (l)’’
and inserting ‘‘subsection (k)(1)’’; and

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129 STAT. 1349

(ii) in subparagraph (B)(i) by striking ‘‘MAP–21t’’
and inserting ‘‘MAP–21’’; and
(C) in paragraph (3) by inserting ‘‘, in a manner consistent with the approach that was in effect on the day
before the date of enactment of MAP–21,’’ after ‘‘the Secretary shall modify’’;
(4) in subsection (g)(2)(B) by striking ‘‘not later that’’ and
inserting ‘‘not later than’’;
(5) in subsection (k) by adding at the end the following:
‘‘(3) PM2.5 NONATTAINMENT AND MAINTENANCE IN LOW
POPULATION DENSITY STATES.—
‘‘(A) EXCEPTION.—In any State with a population density of 80 or fewer persons per square mile of land area,
based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2)
of this subsection shall not apply to a nonattainment or
maintenance area in the State if—
‘‘(i) the nonattainment or maintenance area does
not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and
‘‘(ii) regional motor vehicle emissions are an
insignificant contributor to the air quality problem for
PM2.5 in the nonattainment or maintenance area.
‘‘(B) CALCULATION.—If subparagraph (A) applies to a
nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be
reduced for that State proportionately based on the
weighted population of the area in fine particulate matter
nonattainment.
‘‘(4) PORT-RELATED EQUIPMENT AND VEHICLES.—To meet
the requirements under paragraph (1), a State or metropolitan
planning organization may elect to obligate funds to the most
cost-effective projects to reduce emissions from port-related
landside nonroad or on-road equipment that is operated within
the boundaries of a PM2.5 nonattainment or maintenance
area.’’;
(6) in subsection (l)(1)(B) by inserting ‘‘air quality and
traffic congestion’’ before ‘‘performance targets’’; and
(7) in subsection (m) by striking ‘‘section 104(b)(2)’’ and
inserting ‘‘section 104(b)(4)’’.
SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

Section 165(a) of title 23, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘$150,000,000’’ and
inserting ‘‘$158,000,000’’; and
(2) in paragraph (2) by striking ‘‘$40,000,000’’ and inserting
‘‘$42,000,000’’.
SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM.

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(a) IN GENERAL.—Section 167 of title 23, United States Code,
is amended to read as follows:
‘‘§ 167. National highway freight program
‘‘(a) IN GENERAL.—
‘‘(1) POLICY.—It is the policy of the United States to
improve the condition and performance of the National Highway
Freight Network established under this section to ensure that

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the Network provides the foundation for the United States
to compete in the global economy and achieve the goals
described in subsection (b).
‘‘(2) ESTABLISHMENT.—In support of the goals described
in subsection (b), the Administrator of the Federal Highway
Administration shall establish a national highway freight program in accordance with this section to improve the efficient
movement of freight on the National Highway Freight Network.
‘‘(b) GOALS.—The goals of the national highway freight program
are—
‘‘(1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United
States that—
‘‘(A) strengthen the contribution of the National Highway Freight Network to the economic competitiveness of
the United States;
‘‘(B) reduce congestion and bottlenecks on the National
Highway Freight Network;
‘‘(C) reduce the cost of freight transportation;
‘‘(D) improve the year-round reliability of freight
transportation; and
‘‘(E) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
‘‘(2) to improve the safety, security, efficiency, and resiliency
of freight transportation in rural and urban areas;
‘‘(3) to improve the state of good repair of the National
Highway Freight Network;
‘‘(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National Highway
Freight Network;
‘‘(5) to improve the efficiency and productivity of the
National Highway Freight Network;
‘‘(6) to improve the flexibility of States to support multiState corridor planning and the creation of multi-State
organizations to increase the ability of States to address highway freight connectivity; and
‘‘(7) to reduce the environmental impacts of freight movement on the National Highway Freight Network.
‘‘(c) ESTABLISHMENT OF NATIONAL HIGHWAY FREIGHT NETWORK.—
‘‘(1) IN GENERAL.—The Administrator shall establish a
National Highway Freight Network in accordance with this
section to strategically direct Federal resources and policies
toward improved performance of the Network.
‘‘(2) NETWORK COMPONENTS.—The National Highway
Freight Network shall consist of—
‘‘(A) the primary highway freight system, as designated
under subsection (d);
‘‘(B) critical rural freight corridors established under
subsection (e);
‘‘(C) critical urban freight corridors established under
subsection (f); and
‘‘(D) the portions of the Interstate System not designated as part of the primary highway freight system.
‘‘(d) DESIGNATION AND REDESIGNATION OF THE PRIMARY HIGHWAY FREIGHT SYSTEM.—

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129 STAT. 1351

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‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGHWAY FREIGHT
SYSTEM.—The initial designation of the primary highway freight
system shall be the 41,518-mile network identified during the
designation process for the primary freight network under section 167(d) of this title, as in effect on the day before the
date of enactment of the FAST Act.
‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY FREIGHT
SYSTEM.—
‘‘(A) IN GENERAL.—Beginning 5 years after the date
of enactment of the FAST Act, and every 5 years thereafter,
using the designation factors described in subparagraph
(E), the Administrator shall redesignate the primary highway freight system.
‘‘(B) REDESIGNATION MILEAGE.—Each redesignation
may increase the mileage on the primary highway freight
system by not more than 3 percent of the total mileage
of the system.
‘‘(C) USE OF MEASURABLE DATA.—In redesignating the
primary highway freight system, to the maximum extent
practicable, the Administrator shall use measurable data
to assess the significance of goods movement, including
consideration of points of origin, destinations, and linking
components of the United States global and domestic supply
chains.
‘‘(D) INPUT.—In redesignating the primary highway
freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable,
to submit additional miles for consideration.
‘‘(E) FACTORS FOR REDESIGNATION.—In redesignating
the primary highway freight system, the Administrator
shall consider—
‘‘(i) changes in the origins and destinations of
freight movement in, to, and from the United States;
‘‘(ii) changes in the percentage of annual daily
truck traffic in the annual average daily traffic on
principal arterials;
‘‘(iii) changes in the location of key facilities;
‘‘(iv) land and water ports of entry;
‘‘(v) access to energy exploration, development,
installation, or production areas;
‘‘(vi) access to other freight intermodal facilities,
including rail, air, water, and pipelines facilities;
‘‘(vii) the total freight tonnage and value moved
via highways;
‘‘(viii) significant freight bottlenecks, as identified
by the Administrator;
‘‘(ix) the significance of goods movement on principal arterials, including consideration of global and
domestic supply chains;
‘‘(x) critical emerging freight corridors and critical
commerce corridors; and
‘‘(xi) network connectivity.
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—
‘‘(1) IN GENERAL.—A State may designate a public road
within the borders of the State as a critical rural freight corridor
if the public road is not in an urbanized area and—

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129 STAT. 1352

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic
of the road measured in passenger vehicle equivalent units
from trucks (Federal Highway Administration vehicle class
8 to 13);
‘‘(B) provides access to energy exploration, development, installation, or production areas;
‘‘(C) connects the primary highway freight system, a
roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than—
‘‘(i) 50,000 20-foot equivalent units per year; or
‘‘(ii) 500,000 tons per year of bulk commodities;
‘‘(D) provides access to—
‘‘(i) a grain elevator;
‘‘(ii) an agricultural facility;
‘‘(iii) a mining facility;
‘‘(iv) a forestry facility; or
‘‘(v) an intermodal facility;
‘‘(E) connects to an international port of entry;
‘‘(F) provides access to significant air, rail, water, or
other freight facilities in the State; or
‘‘(G) is, in the determination of the State, vital to
improving the efficient movement of freight of importance
to the economy of the State.
‘‘(2) LIMITATION.—A State may designate as critical rural
freight corridors a maximum of 150 miles of highway or 20
percent of the primary highway freight system mileage in the
State, whichever is greater.
‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.—
‘‘(1) URBANIZED AREA WITH POPULATION OF 500,000 OR
MORE.—In an urbanized area with a population of 500,000
or more individuals, the representative metropolitan planning
organization, in consultation with the State, may designate
a public road within the borders of that area of the State
as a critical urban freight corridor.
‘‘(2) URBANIZED AREA WITH A POPULATION LESS THAN
500,000.—In an urbanized area with a population of less than
500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate
a public road within the borders of that area of the State
as a critical urban freight corridor.
‘‘(3) REQUIREMENTS FOR DESIGNATION.—A designation may
be made under paragraph (1) or (2) if the public road—
‘‘(A) is in an urbanized area, regardless of population;
and
‘‘(B)(i) connects an intermodal facility to—
‘‘(I) the primary highway freight system;
‘‘(II) the Interstate System; or
‘‘(III) an intermodal freight facility;
‘‘(ii) is located within a corridor of a route on the
primary highway freight system and provides an alternative highway option important to goods movement;
‘‘(iii) serves a major freight generator, logistic center,
or manufacturing and warehouse industrial land; or
‘‘(iv) is important to the movement of freight within
the region, as determined by the metropolitan planning
organization or the State.

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129 STAT. 1353

‘‘(4) LIMITATION.—For each State, a maximum of 75 miles
of highway or 10 percent of the primary highway freight system
mileage in the State, whichever is greater, may be designated
as a critical urban freight corridor under paragraphs (1) and
(2).
‘‘(g) DESIGNATION AND CERTIFICATION.—
‘‘(1) DESIGNATION.—States and metropolitan planning
organizations may designate corridors under subsections (e)
and (f) and submit the designated corridors to the Administrator on a rolling basis.
‘‘(2) CERTIFICATION.—Each State or metropolitan planning
organization that designates a corridor under subsection (e)
or (f) shall certify to the Administrator that the designated
corridor meets the requirements of the applicable subsection.
‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CONDITIONS AND
PERFORMANCE REPORTS.—Not later than 2 years after the date
of enactment of the FAST Act, and biennially thereafter, the
Administrator shall prepare and submit to Congress a report that
describes the conditions and performance of the National Highway
Freight Network in the United States.
‘‘(i) USE OF APPORTIONED FUNDS.—
‘‘(1) IN GENERAL.—A State shall obligate funds apportioned
to the State under section 104(b)(5) to improve the movement
of freight on the National Highway Freight Network.
‘‘(2) FORMULA.—The Administrator shall calculate for each
State the proportion that—
‘‘(A) the total mileage in the State designated as part
of the primary highway freight system; bears to
‘‘(B) the total mileage of the primary highway freight
system in all States.
‘‘(3) USE OF FUNDS.—
‘‘(A) STATES WITH HIGH PRIMARY HIGHWAY FREIGHT
SYSTEM MILEAGE.—If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State
may obligate funds apportioned to the State under section
104(b)(5) for projects on—
‘‘(i) the primary highway freight system;
‘‘(ii) critical rural freight corridors; and
‘‘(iii) critical urban freight corridors.
‘‘(B) STATES WITH LOW PRIMARY HIGHWAY FREIGHT
SYSTEM MILEAGE.—If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate
funds apportioned to the State under section 104(b)(5) for
projects on any component of the National Highway Freight
Network.
‘‘(4) FREIGHT PLANNING.—Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State
has developed a freight plan in accordance with section 70202
of title 49, except that the multimodal component of the plan
may be incomplete before an obligation may be made under
this section.
‘‘(5) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Except as provided in this subsection, for a project to be eligible for funding under this
section the project shall—

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129 STAT. 1354

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) contribute to the efficient movement of freight
on the National Highway Freight Network; and
‘‘(ii) be identified in a freight investment plan
included in a freight plan of the State that is in effect.
‘‘(B) OTHER PROJECTS.—For each fiscal year, a State
may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for freight
intermodal or freight rail projects, including projects—
‘‘(i) within the boundaries of public or private
freight rail or water facilities (including ports); and
‘‘(ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility.
‘‘(C) ELIGIBLE PROJECTS.—Funds apportioned to the
State under section 104(b)(5) for the national highway
freight program may be obligated to carry out 1 or more
of the following:
‘‘(i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities.
‘‘(ii) Construction, reconstruction, rehabilitation,
acquisition of real property (including land relating
to the project and improvements to land), construction
contingencies, acquisition of equipment, and operational improvements directly relating to improving
system performance.
‘‘(iii) Intelligent transportation systems and other
technology to improve the flow of freight, including
intelligent freight transportation systems.
‘‘(iv) Efforts to reduce the environmental impacts
of freight movement.
‘‘(v) Environmental and community mitigation for
freight movement.
‘‘(vi) Railway-highway grade separation.
‘‘(vii) Geometric improvements to interchanges and
ramps.
‘‘(viii) Truck-only lanes.
‘‘(ix) Climbing and runaway truck lanes.
‘‘(x) Adding or widening of shoulders.
‘‘(xi) Truck parking facilities eligible for funding
under section 1401 of MAP–21 (23 U.S.C. 137 note).
‘‘(xii) Real-time traffic, truck parking, roadway
condition, and multimodal transportation information
systems.
‘‘(xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck
inspection technologies.
‘‘(xiv) Traffic signal optimization, including synchronized and adaptive signals.
‘‘(xv) Work zone management and information systems.
‘‘(xvi) Highway ramp metering.
‘‘(xvii) Electronic cargo and border security technologies that improve truck freight movement.

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129 STAT. 1355

‘‘(xviii) Intelligent transportation systems that
would increase truck freight efficiencies inside the
boundaries of intermodal facilities.
‘‘(xix) Additional road capacity to address highway
freight bottlenecks.
‘‘(xx) Physical separation of passenger vehicles
from commercial motor freight.
‘‘(xxi) Enhancement of the resiliency of critical
highway infrastructure, including highway infrastructure that supports national energy security, to improve
the flow of freight.
‘‘(xxii) A highway or bridge project, other than
a project described in clauses (i) through (xxi), to
improve the flow of freight on the National Highway
Freight Network.
‘‘(xxiii) Any other surface transportation project
to improve the flow of freight into and out of a facility
described in subparagraph (B).
‘‘(6) OTHER ELIGIBLE COSTS.—In addition to the eligible
projects identified in paragraph (5), a State may use funds
apportioned under section 104(b)(5) for—
‘‘(A) carrying out diesel retrofit or alternative fuel
projects under section 149 for class 8 vehicles; and
‘‘(B) the necessary costs of—
‘‘(i) conducting analyses and data collection related
to the national highway freight program;
‘‘(ii) developing and updating performance targets
to carry out this section; and
‘‘(iii) reporting to the Administrator to comply with
the freight performance target under section 150.
‘‘(7) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section
shall be consistent with the requirements of sections 134 and
135.
‘‘(j) STATE PERFORMANCE TARGETS.—If the Administrator determines that a State has not met or made significant progress toward
meeting the performance targets related to freight movement of
the State established under section 150(d) by the date that is
2 years after the date of the establishment of the performance
targets, the State shall include in the next report submitted under
section 150(e) a description of the actions the State will undertake
to achieve the targets, including—
‘‘(1) an identification of significant freight system trends,
needs, and issues within the State;
‘‘(2) a description of the freight policies and strategies that
will guide the freight-related transportation investments of the
State;
‘‘(3) an inventory of freight bottlenecks within the State
and a description of the ways in which the State is allocating
national highway freight program funds to improve those bottlenecks; and
‘‘(4) a description of the actions the State will undertake
to meet the performance targets of the State.
‘‘(k) INTELLIGENT FREIGHT TRANSPORTATION SYSTEM.—
‘‘(1) DEFINITION OF INTELLIGENT FREIGHT TRANSPORTATION
SYSTEM.—In this section, the term ‘intelligent freight transportation system’ means—

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23 USC
prec. 101.

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities—
‘‘(i) in proximity to, or within, an existing right
of way on a Federal-aid highway; or
‘‘(ii) that connect land ports-of entry to existing
Federal-aid highways; or
‘‘(B) communications or information processing systems
that improve the efficiency, security, or safety of freight
movements on the Federal-aid highway system, including
to improve the conveyance of freight on dedicated intelligent freight lanes.
‘‘(2) OPERATING STANDARDS.—The Administrator shall
determine whether there is a need for establishing operating
standards for intelligent freight transportation systems.
‘‘(l) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any
other provision of law, a freight project carried out under this
section shall be treated as if the project were on a Federal-aid
highway.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 167 and inserting the following:
‘‘167. National highway freight program.’’.

(c) REPEALS.—Sections 1116, 1117, and 1118 of MAP–21 (23
U.S.C. 167 note), and the items relating to such sections in the
table of contents in section 1(c) of such Act, are repealed.

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SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

(a) TRIBAL DATA COLLECTION.—Section 201(c)(6) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(C) TRIBAL DATA COLLECTION.—In addition to the data
to be collected under subparagraph (A), not later than
90 days after the last day of each fiscal year, any entity
carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and
the Secretary of the Interior, based on obligations and
expenditures under the tribal transportation program
during the preceding fiscal year, the following data:
‘‘(i) The names of projects and activities carried
out by the entity under the tribal transportation program during the preceding fiscal year.
‘‘(ii) A description of the projects and activities
identified under clause (i).
‘‘(iii) The current status of the projects and activities identified under clause (i).
‘‘(iv) An estimate of the number of jobs created
and the number of jobs retained by the projects and
activities identified under clause (i).’’.
(b) REPORT ON TRIBAL GOVERNMENT TRANSPORTATION SAFETY
DATA.—
(1) FINDINGS.—Congress finds that—
(A) in many States, the Native American population
is disproportionately represented in fatalities and crash
statistics;

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(B) improved crash reporting by tribal law enforcement
agencies would facilitate safety planning and would enable
Indian tribes to apply more successfully for State and Federal funds for safety improvements;
(C) the causes of underreporting of crashes on Indian
reservations include—
(i) tribal law enforcement capacity, including—
(I) staffing shortages and turnover; and
(II) lack of equipment, software, and training;
and
(ii) lack of standardization in crash reporting forms
and protocols; and
(D) without more accurate reporting of crashes on
Indian reservations, it is difficult or impossible to fully
understand the nature of the problem and develop appropriate countermeasures, which may include effective
transportation safety planning and programs aimed at—
(i) driving under the influence (DUI) prevention;
(ii) pedestrian safety;
(iii) roadway safety improvements;
(iv) seat belt usage; and
(v) proper use of child restraints.
(2) REPORT TO CONGRESS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, after consultation
with the Secretary of Interior, the Secretary of Health
and Human Services, the Attorney General, and Indian
tribes, shall submit to the Committee on Environment and
Public Works and the Committee on Indian Affairs of the
Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the
House of Representatives a report describing the quality
of transportation safety data collected by States, counties,
and Indian tribes for transportation safety systems and
the relevance of that data to improving the collection and
sharing of data on crashes on Indian reservations.
(B) PURPOSES.—The purposes of the report are—
(i) to improve the collection and sharing of data
on crashes on Indian reservations; and
(ii) to develop data that Indian tribes can use
to recover damages to tribal property caused by motorists.
(C) PAPERLESS DATA REPORTING.—In preparing the
report, the Secretary shall provide States, counties, and
Indian tribes with options and best practices for transition
to a paperless transportation safety data reporting system
that—
(i) improves the collection of crash reports;
(ii) stores, archives, queries, and shares crash
records; and
(iii) uses data exclusively—
(I) to address traffic safety issues on Indian
reservations; and
(II) to identify and improve problem areas on
public roads on Indian reservations.

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(D) ADDITIONAL BUDGETARY RESOURCES.—The Secretary shall include in the report the identification of Federal transportation funds provided to Indian tribes by agencies in addition to the Department and the Department
of the Interior.
(c) STUDY ON BUREAU OF INDIAN AFFAIRS ROAD SAFETY.—
Not later than 2 years after the date of enactment of this Act,
the Secretary, in consultation with the Secretary of Interior, the
Attorney General, States, and Indian tribes shall—
(1) complete a study that identifies and evaluates options
for improving safety on public roads on Indian reservations;
and
(2) submit to the Committee on Environment and Public
Works and the Committee on Indian Affairs of the Senate
and the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of Representatives a report describing the results of the study.
SEC. 1118. TRIBAL TRANSPORTATION PROGRAM AMENDMENT.

Section 202 of title 23, United States Code, is amended—
(1) in subsection (a)(6) by striking ‘‘6 percent’’ and inserting
‘‘5 percent’’; and
(2) in subsection (d)(2) in the matter preceding subparagraph (A) by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’.
SEC. 1119. FEDERAL LANDS TRANSPORTATION PROGRAM.

Section 203 of title 23, United States Code, is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (B) by striking ‘‘operation’’ and
inserting ‘‘capital, operations,’’; and
(B) in subparagraph (D) by striking ‘‘subparagraph
(A)(iv)’’ and inserting ‘‘subparagraph (A)(iv)(I)’’;
(2) in subsection (b)—
(A) in paragraph (1)(B)—
(i) in clause (iv) by striking ‘‘and’’ at the end;
(ii) in clause (v) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(vi) the Bureau of Reclamation; and
‘‘(vii) independent Federal agencies with natural
resource and land management responsibilities.’’; and
(B) in paragraph (2)(B)—
(i) in the matter preceding clause (i) by inserting
‘‘performance management, including’’ after ‘‘support’’;
and
(ii) in clause (i)(II) by striking ‘‘, and’’ and inserting
‘‘; and’’; and
(3) in subsection (c)(2)(B) by adding at the end the following:
‘‘(vi) The Bureau of Reclamation.’’.

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SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.

Section 201(c) of title 23, United States Code, is amended—
(1) in paragraph (6)(A)—
(A) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively (and by moving the subclauses
2 ems to the right);

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(B) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Secretaries’’ and inserting the
following:
‘‘(i) IN GENERAL.—The Secretaries’’;
(C) by inserting a period after ‘‘tribal transportation
program’’; and
(D) by striking ‘‘in accordance with’’ and all that follows
through ‘‘including—’’ and inserting the following:
‘‘(ii) REQUIREMENT.—Data collected to implement
the tribal transportation program shall be in accordance with the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
‘‘(iii) INCLUSIONS.—Data collected under this paragraph includes—’’; and
(2) by striking paragraph (7) and inserting the following—
‘‘(7) COOPERATIVE RESEARCH AND TECHNOLOGY DEPLOYMENT.—The Secretary may conduct cooperative research and
technology deployment in coordination with Federal land
management agencies, as determined appropriate by the Secretary.
‘‘(8) FUNDING.—
‘‘(A) IN GENERAL.—To carry out the activities described
in this subsection for Federal lands transportation facilities,
Federal lands access transportation facilities, and other
federally owned roads open to public travel (as that term
is defined in section 125(e)), the Secretary shall for each
fiscal year combine and use not greater than 5 percent
of the funds authorized for programs under sections 203
and 204.
‘‘(B) OTHER ACTIVITIES.—In addition to the activities
described in subparagraph (A), funds described under that
subparagraph may be used for—
‘‘(i) bridge inspections on any federally owned
bridge even if that bridge is not included on the inventory described under section 203; and
‘‘(ii) transportation planning activities carried out
by Federal land management agencies eligible for
funding under this chapter.’’.
SEC. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

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(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 206 the following:
‘‘§ 207. Tribal transportation self-governance program
‘‘(a) ESTABLISHMENT.—Subject to the requirements of this section, the Secretary shall establish and carry out a program to
be known as the tribal transportation self-governance program.
The Secretary may delegate responsibilities for administration of
the program as the Secretary determines appropriate.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), an
Indian tribe shall be eligible to participate in the program
if the Indian tribe requests participation in the program by
resolution or other official action by the governing body of
the Indian tribe, and demonstrates, for the preceding 3 fiscal
years, financial stability and financial management capability,
and transportation program management capability.

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‘‘(2) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND
FINANCIAL MANAGEMENT CAPACITY.—For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years,
an Indian tribe had no uncorrected significant and material
audit exceptions in the required annual audit of the Indian
tribe’s self-determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.
‘‘(3) CRITERIA FOR DETERMINING TRANSPORTATION PROGRAM
MANAGEMENT CAPABILITY.—The Secretary shall require an
Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under
chapter 53 of title 49, to gain eligibility for the program.
‘‘(c) COMPACTS.—
‘‘(1) COMPACT REQUIRED.—Upon the request of an eligible
Indian tribe, and subject to the requirements of this section,
the Secretary shall negotiate and enter into a written compact
with the Indian tribe for the purpose of providing for the
participation of the Indian tribe in the program.
‘‘(2) CONTENTS.—A compact entered into under paragraph
(1) shall set forth the general terms of the government-togovernment relationship between the Indian tribe and the
United States under the program and other terms that will
continue to apply in future fiscal years.
‘‘(3) AMENDMENTS.—A compact entered into with an Indian
tribe under paragraph (1) may be amended only by mutual
agreement of the Indian tribe and the Secretary.
‘‘(d) ANNUAL FUNDING AGREEMENTS.—
‘‘(1) FUNDING AGREEMENT REQUIRED.—After entering into
a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding
agreement with the Indian tribe.
‘‘(2) CONTENTS.—
‘‘(A) IN GENERAL.—
‘‘(i) FORMULA FUNDING AND DISCRETIONARY
GRANTS.—A funding agreement entered into with an
Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate,
administer, and receive full tribal share funding, tribal
transit formula funding, and funding to tribes from
discretionary and competitive grants administered by
the Department for all programs, services, functions,
and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation
programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary
that are otherwise available to Indian tribes.
‘‘(ii) TRANSFERS OF STATE FUNDS.—
‘‘(I) INCLUSION OF TRANSFERRED FUNDS IN
FUNDING
AGREEMENT.—A
funding agreement
entered into with an Indian tribe shall include
Federal-aid funds apportioned to a State under
chapter 1 if the State elects to provide a portion
of such funds to the Indian tribe for a project
eligible under section 202(a). The provisions of this

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129 STAT. 1361

section shall be in addition to the methods for
making funding contributions described in section
202(a)(9). Nothing in this section shall diminish
the authority of the Secretary to provide funds
to an Indian tribe under section 202(a)(9).
‘‘(II) METHOD FOR TRANSFERS.—If a State
elects to provide funds described in subclause (I)
to an Indian tribe—
‘‘(aa) the transfer may occur in accordance
with section 202(a)(9); or
‘‘(bb) the State shall transfer the funds
back to the Secretary and the Secretary shall
transfer the funds to the Indian tribe in
accordance with this section.
‘‘(III) RESPONSIBILITY FOR TRANSFERRED
FUNDS.—Notwithstanding any other provision of
law, if a State provides funds described in subclause (I) to an Indian tribe—
‘‘(aa) the State shall not be responsible
for constructing or maintaining a project carried out using the funds or for administering
or supervising the project or funds during the
applicable statute of limitations period related
to the construction of the project; and
‘‘(bb) the Indian tribe shall be responsible
for constructing and maintaining a project carried out using the funds and for administering
and supervising the project and funds in
accordance with this section during the
applicable statute of limitations period related
to the construction of the project.
‘‘(B) ADMINISTRATION OF TRIBAL SHARES.—The tribal
shares referred to in subparagraph (A) shall be provided
without regard to the agency or office of the Department
within which the program, service, function, or activity
(or portion thereof) is performed.
‘‘(C) FLEXIBLE AND INNOVATIVE FINANCING.—
‘‘(i) IN GENERAL.—A funding agreement entered
into with an Indian tribe under paragraph (1) shall
include provisions pertaining to flexible and innovative
financing if agreed upon by the parties.
‘‘(ii) TERMS AND CONDITIONS.—
‘‘(I) AUTHORITY TO ISSUE REGULATIONS.—The
Secretary may issue regulations to establish the
terms and conditions relating to the flexible and
innovative financing provisions referred to in
clause (i).
‘‘(II) TERMS AND CONDITIONS IN ABSENCE OF
REGULATIONS.—If the Secretary does not issue
regulations under subclause (I), the terms and
conditions relating to the flexible and innovative
financing provisions referred to in clause (i) shall
be consistent with—
‘‘(aa) agreements entered into by the
Department under—
‘‘(AA) section 202(b)(7); and

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(BB) section 202(d)(5), as in effect
before the date of enactment of MAP–21
(Public Law 112–141); or
‘‘(bb) regulations of the Department of the
Interior relating to flexible financing contained
in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment
of the FAST Act.
‘‘(3) TERMS.—A funding agreement shall set forth—
‘‘(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be
performed or administered by the Indian tribe; and
‘‘(B) for items identified in subparagraph (A)—
‘‘(i) the general budget category assigned;
‘‘(ii) the funds to be provided, including those funds
to be provided on a recurring basis;
‘‘(iii) the time and method of transfer of the funds;
‘‘(iv) the responsibilities of the Secretary and the
Indian tribe; and
‘‘(v) any other provision agreed to by the Indian
tribe and the Secretary.
‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.—
‘‘(A) APPLICABILITY OF EXISTING AGREEMENT.—Absent
notification from an Indian tribe that the Indian tribe
is withdrawing from or retroceding the operation of 1 or
more programs, services, functions, or activities (or portions
thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement
shall remain in full force and effect until a subsequent
funding agreement is executed.
‘‘(B) EFFECTIVE DATE OF SUBSEQUENT AGREEMENT.—
The terms of the subsequent funding agreement shall be
retroactive to the end of the term of the preceding funding
agreement.
‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.—The Secretary
shall not revise, amend, or require additional terms in a new
or subsequent funding agreement without the consent of the
Indian tribe that is subject to the agreement unless such terms
are required by Federal law.
‘‘(e) GENERAL PROVISIONS.—
‘‘(1) REDESIGN AND CONSOLIDATION.—
‘‘(A) IN GENERAL.—An Indian tribe, in any manner
that the Indian tribe considers to be in the best interest
of the Indian community being served, may—
‘‘(i) redesign or consolidate programs, services,
functions, and activities (or portions thereof) included
in a funding agreement; and
‘‘(ii) reallocate or redirect funds for such programs,
services, functions, and activities (or portions thereof),
if the funds are—
‘‘(I) expended on projects identified in a
transportation improvement program approved by
the Secretary; and
‘‘(II) used in accordance with the requirements
in—
‘‘(aa) appropriations Acts;

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‘‘(bb) this title and chapter 53 of title 49;

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and
‘‘(cc) any other applicable law.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
if, pursuant to subsection (d), an Indian tribe receives
a discretionary or competitive grant from the Secretary
or receives State apportioned funds, the Indian tribe shall
use the funds for the purpose for which the funds were
originally authorized.
‘‘(2) RETROCESSION.—
‘‘(A) IN GENERAL.—
‘‘(i) AUTHORITY OF INDIAN TRIBES.—An Indian tribe
may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions
thereof) included in a compact or funding agreement.
‘‘(ii) REASSUMPTION OF REMAINING FUNDS.—Following a retrocession described in clause (i), the Secretary may—
‘‘(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included
in the applicable compact or funding agreement;
‘‘(II) out of such remaining funds, transfer
funds associated with Department of Interior programs, services, functions, or activities (or portions
thereof) to the Secretary of the Interior to carry
out transportation services provided by the Secretary of the Interior; and
‘‘(III) distribute funds not transferred under
subclause (II) in accordance with applicable law.
‘‘(iii) CORRECTION OF PROGRAMS.—If the Secretary
makes a finding under subsection (f)(2)(B) and no funds
are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds
to complete or correct any programs, functions, services, or activities (or portions thereof).
‘‘(B) EFFECTIVE DATE.—Unless the Indian tribe rescinds
a request for retrocession, the retrocession shall become
effective within the timeframe specified by the parties in
the compact or funding agreement. In the absence of such
a specification, the retrocession shall become effective on—
‘‘(i) the earlier of—
‘‘(I) 1 year after the date of submission of
the request; or
‘‘(II) the date on which the funding agreement
expires; or
‘‘(ii) such date as may be mutually agreed upon
by the parties and, with respect to Department of
the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.
‘‘(f) PROVISIONS RELATING TO SECRETARY.—
‘‘(1) DECISIONMAKER.—A decision that relates to an appeal
of the rejection of a final offer by the Department shall be
made either—
‘‘(A) by an official of the Department who holds a
position at a higher organizational level within the Department than the level of the departmental agency in which

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PUBLIC LAW 114–94—DEC. 4, 2015
the decision that is the subject of the appeal was made;
or
‘‘(B) by an administrative judge.
‘‘(2) TERMINATION OF COMPACT OR FUNDING AGREEMENT.—
‘‘(A) AUTHORITY TO TERMINATE.—
‘‘(i) PROVISION TO BE INCLUDED IN COMPACT OR
FUNDING AGREEMENT.—A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in
subparagraph (B), to—
‘‘(I) terminate the compact or funding agreement (or a portion thereof); and
‘‘(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or
funding agreement.
‘‘(ii) TRANSFERS OF FUNDS.—Out of any funds reassumed under clause (i)(II), the Secretary may
transfer the funds associated with Department of the
Interior programs, functions, services, and activities
(or portions thereof) to the Secretary of the Interior
to provide continued transportation services in accordance with applicable law.
‘‘(B) FINDINGS RESULTING IN TERMINATION.—The
finding referred to in subparagraph (A) is a specific finding
of—
‘‘(i) imminent jeopardy to a trust asset, natural
resources, or public health and safety that is caused
by an act or omission of the Indian tribe and that
arises out of a failure to carry out the compact or
funding agreement, as determined by the Secretary;
or
‘‘(ii) gross mismanagement with respect to funds
or programs transferred to the Indian tribe under the
compact or funding agreement, as determined by the
Secretary in consultation with the Inspector General
of the Department, as appropriate.
‘‘(C) PROHIBITION.—The Secretary shall not terminate
a compact or funding agreement (or portion thereof)
unless—
‘‘(i) the Secretary has first provided written notice
and a hearing on the record to the Indian tribe that
is subject to the compact or funding agreement; and
‘‘(ii) the Indian tribe has not taken corrective action
to remedy the mismanagement of funds or programs
or the imminent jeopardy to a trust asset, natural
resource, or public health and safety.
‘‘(D) EXCEPTION.—
‘‘(i) IN GENERAL.—Notwithstanding subparagraph
(C), the Secretary, upon written notification to an
Indian tribe that is subject to a compact or funding
agreement, may immediately terminate the compact
or funding agreement (or portion thereof) if—
‘‘(I) the Secretary makes a finding of imminent
substantial and irreparable jeopardy to a trust
asset, natural resource, or public health and safety;
and

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‘‘(II) the jeopardy arises out of a failure to
carry out the compact or funding agreement.
‘‘(ii) HEARINGS.—If the Secretary terminates a compact or funding agreement (or portion thereof) under
clause (i), the Secretary shall provide the Indian tribe
subject to the compact or agreement with a hearing
on the record not later than 10 days after the date
of such termination.
‘‘(E) BURDEN OF PROOF.—In any hearing or appeal
involving a decision to terminate a compact or funding
agreement (or portion thereof) under this paragraph, the
Secretary shall have the burden of proof in demonstrating
by clear and convincing evidence the validity of the grounds
for the termination.
‘‘(g) COST PRINCIPLES.—In administering funds received under
this section, an Indian tribe shall apply cost principles under the
applicable Office of Management and Budget circular, except as
modified by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1), other provisions of law,
or by any exemptions to applicable Office of Management and
Budget circulars subsequently granted by the Office of Management
and Budget. No other audit or accounting standards shall be
required by the Secretary. Any claim by the Federal Government
against the Indian tribe relating to funds received under a funding
agreement based on any audit conducted pursuant to this subsection
shall be subject to the provisions of section 106(f) of that Act
(25 U.S.C. 450j–1(f)).
‘‘(h) TRANSFER OF FUNDS.—The Secretary shall provide funds
to an Indian tribe under a funding agreement in an amount equal
to—
‘‘(1) the sum of the funding that the Indian tribe would
otherwise receive for the program, function, service, or activity
in accordance with a funding formula or other allocation method
established under this title or chapter 53 of title 49; and
‘‘(2) such additional amounts as the Secretary determines
equal the amounts that would have been withheld for the
costs of the Bureau of Indian Affairs for administration of
the program or project.
‘‘(i) CONSTRUCTION PROGRAMS.—
‘‘(1) STANDARDS.—Construction projects carried out under
programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement
entered into under this section shall be constructed pursuant
to the construction program standards set forth in applicable
regulations or as specifically approved by the Secretary (or
the Secretary’s designee).
‘‘(2) MONITORING.—Construction programs shall be monitored by the Secretary in accordance with applicable regulations.
‘‘(j) FACILITATION.—
‘‘(1) SECRETARIAL INTERPRETATION.—Except as otherwise
provided by law, the Secretary shall interpret all Federal laws,
Executive orders, and regulations in a manner that will facilitate—
‘‘(A) the inclusion of programs, services, functions, and
activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and

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‘‘(B) the implementation of the compacts and funding
agreements.
‘‘(2) REGULATION WAIVER.—
‘‘(A) IN GENERAL.—An Indian tribe may submit to the
Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the
regulation sought to be waived and the basis for the
request.
‘‘(B) APPROVALS AND DENIALS.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the
request in writing.
‘‘(ii) REVIEW.—The Secretary shall review any
application by an Indian tribe for a waiver bearing
in mind increasing opportunities for using flexible
policy approaches at the Indian tribal level.
‘‘(iii) DEEMED APPROVAL.—If the Secretary does not
approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day
period referred to in clause (i), the request shall be
deemed approved.
‘‘(iv) DENIALS.—If the application for a waiver is
not granted, the agency shall provide the applicant
with the reasons for the denial as part of the written
response required in clause (i).
‘‘(v) FINALITY OF DECISIONS.—A decision by the
Secretary under this subparagraph shall be final for
the Department.
‘‘(k) DISCLAIMERS.—
‘‘(1) EXISTING AUTHORITY.—Notwithstanding any other
provision of law, upon the election of an Indian tribe, the
Secretary shall—
‘‘(A) maintain current tribal transportation program
funding agreements and program agreements; or
‘‘(B) enter into new agreements under the authority
of section 202(b)(7).
‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this section may be construed to impair or diminish the
authority of the Secretary under section 202(b)(7).
‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—Except to the extent in conflict with
this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance
Act shall apply to compact and funding agreements (except that
any reference to the Secretary of the Interior or the Secretary
of Health and Human Services in such provisions shall be treated
as a reference to the Secretary of Transportation):
‘‘(1) Subsections (a), (b), (d), (g), and (h) of section 506
of such Act (25 U.S.C. 458aaa–5), relating to general provisions.
‘‘(2) Subsections (b) through (e) and (g) of section 507
of such Act (25 U.S.C. 458aaa–6), relating to provisions relating
to the Secretary of Health and Human Services.
‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of
section 508 of such Act (25 U.S.C. 458aaa–7), relating to
transfer of funds.

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‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa–9), relating
to Federal procurement laws and regulations.
‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa–10), relating
to civil actions.
‘‘(6) Subsections (a)(1), (a)(2), and (c) through (f) of section
512 of such Act (25 U.S.C. 458aaa–11), relating to facilitation,
except that subsection (c)(1) of that section shall be applied
by substituting ‘transportation facilities and other facilities’
for ‘school buildings, hospitals, and other facilities’.
‘‘(7) Subsections (a) and (b) of section 515 of such Act
(25 U.S.C. 458aaa–14), relating to disclaimers.
‘‘(8) Subsections (a) and (b) of section 516 of such Act
(25 U.S.C. 458aaa–15), relating to application of title I provisions.
‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa–17), relating
to appeals.
‘‘(m) DEFINITIONS.—
‘‘(1) IN GENERAL.—In this section, the following definitions
apply (except as otherwise expressly provided):
‘‘(A) COMPACT.—The term ‘compact’ means a compact
between the Secretary and an Indian tribe entered into
under subsection (c).
‘‘(B) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(C) ELIGIBLE INDIAN TRIBE.—The term ‘eligible Indian
tribe’ means an Indian tribe that is eligible to participate
in the program, as determined under subsection (b).
‘‘(D) FUNDING AGREEMENT.—The term ‘funding agreement’ means a funding agreement between the Secretary
and an Indian tribe entered into under subsection (d).
‘‘(E) INDIAN TRIBE.—The term ‘Indian tribe’ means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians. In any case
in which an Indian tribe has authorized another Indian
tribe, an intertribal consortium, or a tribal organization
to plan for or carry out programs, services, functions, or
activities (or portions thereof) on its behalf under this
section, the authorized Indian tribe, intertribal consortium,
or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise
provided in the authorizing resolution or in this title).
In such event, the term ‘Indian tribe’ as used in this
section shall include such other authorized Indian tribe,
intertribal consortium, or tribal organization.
‘‘(F) PROGRAM.—The term ‘program’ means the tribal
transportation self-governance program established under
this section.
‘‘(G) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.
‘‘(H) TRANSPORTATION PROGRAMS.—The term ‘transportation programs’ means all programs administered or
financed by the Department under this title and chapter
53 of title 49.
‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.—In this section,
the definitions set forth in sections 4 and 505 of the Indian

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Self-Determination and Education Assistance Act (25 U.S.C.
450b; 458aaa) apply, except as otherwise expressly provided
in this section.
‘‘(n) REGULATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) PROMULGATION.—Not later than 90 days after the
date of enactment of the FAST Act, the Secretary shall
initiate procedures under subchapter III of chapter 5 of
title 5 to negotiate and promulgate such regulations as
are necessary to carry out this section.
‘‘(B) PUBLICATION OF PROPOSED REGULATIONS.—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later
than 21 months after such date of enactment.
‘‘(C) EXPIRATION OF AUTHORITY.—The authority to
promulgate regulations under subparagraph (A) shall
expire 30 months after such date of enactment.
‘‘(D) EXTENSION OF DEADLINES.—A deadline set forth
in subparagraph (B) or (C) may be extended up to 180
days if the negotiated rulemaking committee referred to
in paragraph (2) concludes that the committee cannot meet
the deadline and the Secretary so notifies the appropriate
committees of Congress.
‘‘(2) COMMITTEE.—
‘‘(A) IN GENERAL.—A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry
out this subsection shall have as its members only Federal
and tribal government representatives, a majority of whom
shall be nominated by and be representatives of Indian
tribes with funding agreements under this title.
‘‘(B) REQUIREMENTS.—The committee shall confer with,
and accommodate participation by, representatives of
Indian tribes, inter-tribal consortia, tribal organizations,
and individual tribal members.
‘‘(C) ADAPTATION OF PROCEDURES.—The Secretary shall
adapt the negotiated rulemaking procedures to the unique
context of self-governance and the government-to-government relationship between the United States and Indian
tribes.
‘‘(3) EFFECT.—The lack of promulgated regulations shall
not limit the effect of this section.
‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE,
AND RULES.—Unless expressly agreed to by the participating
Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular,
policy, manual, guidance, or rule adopted by the Department,
except regulations promulgated under this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 2 of title
23, United States Code, is amended by inserting after the item
relating to section 206 the following:

23 USC
prec. 201.

‘‘207. Tribal transportation self-governance program.’’.

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23 USC 103 note.

SEC. 1122. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM
MODIFICATIONS.

(a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.—Not later than
90 days after the date of enactment of this Act, the Secretary
shall issue guidance relating to working with State departments

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1369

of transportation that request assistance from the division offices
of the Federal Highway Administration—
(1) to review roads classified as principal arterials in the
State that were added to the National Highway System as
of October 1, 2012, so as to comply with section 103 of title
23, United States Code; and
(2) to identify any necessary functional classification
changes to rural and urban principal arterials.
(b) ADMINISTRATIVE ACTIONS.—The Secretary shall direct the
division offices of the Federal Highway Administration to work
with the applicable State department of transportation that
requests assistance under this section—
(1) to assist in the review of roads in accordance with
guidance issued under subsection (a);
(2) to expeditiously review and facilitate requests from
States to reclassify roads classified as principal arterials; and
(3) in the case of a State that requests the withdrawal
of reclassified roads from the National Highway System under
section 103(b)(3) of title 23, United States Code, to carry out
that withdrawal if the inclusion of the reclassified road in
the National Highway System is not consistent with the needs
and priorities of the community or region in which the reclassified road is located.
(c) NATIONAL HIGHWAY SYSTEM MODIFICATION REGULATIONS.—
The Secretary shall—
(1) review the National Highway System modification
process described in appendix D of part 470 of title 23, Code
of Federal Regulations (or successor regulations); and
(2) take any action necessary to ensure that a State may
submit to the Secretary a request to modify the National Highway System by withdrawing a road from the National Highway
System.
(d) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a
description of—
(1) each request for reclassification of National Highway
System roads;
(2) the status of each request; and
(3) if applicable, the justification for the denial by the
Secretary of a request.
(e) MODIFICATIONS TO THE NATIONAL HIGHWAY SYSTEM.—Section 103(b)(3)(A) of title 23, United States Code, is amended—
(1) in the matter preceding clause (i)—
(A) by striking ‘‘, including any modification consisting
of a connector to a major intermodal terminal,’’; and
(B) by inserting ‘‘, including any modification consisting
of a connector to a major intermodal terminal or the withdrawal of a road from that system,’’ after ‘‘the National
Highway System’’; and
(2) in clause (ii)—
(A) by striking ‘‘(ii) enhances’’ and inserting ‘‘(ii)(I)
enhances’’;
(B) by striking the period at the end and inserting
‘‘; or’’; and

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(C) by adding at the end the following:
‘‘(II) in the case of the withdrawal of a road, is
reasonable and appropriate.’’.

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23 USC 201 note.

SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.

(a) PURPOSE.—The Secretary shall establish a nationally significant Federal lands and tribal projects program (referred to in this
section as the ‘‘program’’) to provide funding to construct,
reconstruct, or rehabilitate nationally significant Federal lands and
tribal transportation projects.
(b) ELIGIBLE APPLICANTS.—
(1) IN GENERAL.—Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203,
and 204 of title 23, United States Code, may apply for funding
under the program.
(2) SPECIAL RULE.—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian
tribe.
(c) ELIGIBLE PROJECTS.—An eligible project under the program
shall be a single continuous project—
(1) on a Federal lands transportation facility, a Federal
lands access transportation facility, or a tribal transportation
facility (as those terms are defined in section 101 of title 23,
United States Code), except that such facility is not required
to be included in an inventory described in section 202 or
203 of such title;
(2) for which completion of activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) has been demonstrated through—
(A) a record of decision with respect to the project;
(B) a finding that the project has no significant impact;
or
(C) a determination that the project is categorically
excluded; and
(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding $25,000,000,
with priority consideration given to projects with an estimated
cost equal to or exceeding $50,000,000.
(d) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Subject to paragraph (2), an eligible
applicant receiving funds under the program may only use
the funds for construction, reconstruction, and rehabilitation
activities.
(2) INELIGIBLE ACTIVITIES.—An eligible applicant may not
use funds received under the program for activities relating
to project design.
(e) APPLICATIONS.—Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing
such information as the Secretary may require.
(f) SELECTION CRITERIA.—In selecting a project to receive funds
under the program, the Secretary shall consider the extent to which
the project—
(1) furthers the goals of the Department, including state
of good repair, economic competitiveness, quality of life, and
safety;

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129 STAT. 1371

(2) improves the condition of critical transportation facilities, including multimodal facilities;
(3) needs construction, reconstruction, or rehabilitation;
(4) has costs matched by funds that are not provided under
this section, with projects with a greater percentage of other
sources of matching funds ranked ahead of lesser matches;
(5) is included in or eligible for inclusion in the National
Register of Historic Places;
(6) uses new technologies and innovations that enhance
the efficiency of the project;
(7) is supported by funds, other than the funds received
under the program, to construct, maintain, and operate the
facility;
(8) spans 2 or more States; and
(9) serves land owned by multiple Federal agencies or
Indian tribes.
(g) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the cost of a project
shall be up to 90 percent.
(2) NON-FEDERAL SHARE.—Notwithstanding any other
provision of law, any Federal funds other than those made
available under title 23 or title 49, United States Code, may
be used to pay the non-Federal share of the cost of a project
carried out under this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $100,000,000 for each
of fiscal years 2016 through 2020. Such sums shall remain available
for a period of 3 fiscal years following the fiscal year for which
the amounts are appropriated.

Subtitle B—Planning and Performance
Management

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SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

Section 134 of title 23, United States Code, is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘people and freight and’’ and inserting
‘‘people and freight,’’ and
(B) by inserting ‘‘and take into consideration resiliency
needs’’ after ‘‘urbanized areas,’’;
(2) in subsection (c)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting ‘‘, bicycle transportation facilities,
and intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities and commuter vanpool providers’’;
(3) in subsection (d)—
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
‘‘(3) REPRESENTATION.—
‘‘(A) IN GENERAL.—Designation or selection of officials
or representatives under paragraph (2) shall be determined
by the metropolitan planning organization according to the
bylaws or enabling statute of the organization.
‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject to the bylaws or enabling statute of the metropolitan

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PUBLIC LAW 114–94—DEC. 4, 2015
planning organization, a representative of a provider of
public transportation may also serve as a representative
of a local municipality.
‘‘(C) POWERS OF CERTAIN OFFICIALS.—An official
described in paragraph (2)(B) shall have responsibilities,
actions, duties, voting rights, and any other authority
commensurate with other officials described in paragraph
(2).’’; and
(C) in paragraph (5) as so redesignated by striking
‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’;
(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’
and inserting ‘‘subsection (d)(6)’’;
(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural
disaster risk reduction,’’ after ‘‘economic development,’’;
(6) in subsection (h)—
(A) in paragraph (1)—
(i) in subparagraph (G) by striking ‘‘and’’ at the
end;
(ii) in subparagraph (H) by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(I) improve the resiliency and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation; and
‘‘(J) enhance travel and tourism.’’; and
(B) in paragraph (2)(A) by striking ‘‘and in section
5301(c) of title 49’’ and inserting ‘‘and the general purposes
described in section 5301 of title 49’’;
(7) in subsection (i)—
(A) in paragraph (2)—
(i) in subparagraph (A)(i) by striking ‘‘transit,’’ and
inserting ‘‘public transportation facilities, intercity bus
facilities,’’;
(ii) in subparagraph (G)—
(I) by striking ‘‘and provide’’ and inserting ‘‘,
provide’’; and
(II) by inserting ‘‘, and reduce the vulnerability
of the existing transportation infrastructure to natural disasters’’ before the period at the end; and
(iii) in subparagraph (H) by inserting ‘‘including
consideration of the role that intercity buses may play
in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and
investments that preserve and enhance intercity bus
systems, including systems that are privately owned
and operated’’ before the period at the end;
(B) in paragraph (6)(A)—
(i) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and
(ii) by inserting ‘‘(including intercity bus operators,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program,
parking cash-out program, shuttle program, or
telework program)’’ after ‘‘private providers of transportation’’; and
(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’
and inserting ‘‘paragraph (2)(E)’’ each place it appears;

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129 STAT. 1373

(8) in subsection (k)(3)—
(A) in subparagraph (A) by inserting ‘‘(including intercity bus operators, employer-based commuting programs
such as a carpool program, vanpool program, transit benefit
program, parking cash-out program, shuttle program, or
telework program), job access projects,’’ after ‘‘reduction’’;
and
(B) by adding at the end the following:
‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan
planning organization serving a transportation management area may develop a plan that includes projects and
strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—
‘‘(i) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and improve
transportation connections between areas with high
job concentration and areas with high concentrations
of low-income households;
‘‘(ii) identify existing public transportation services, employer-based commuter programs, and other
existing transportation services that support access to
jobs in the region; and
‘‘(iii) identify proposed projects and programs to
reduce congestion and increase job access opportunities.
‘‘(D) PARTICIPATION.—In developing the plan under
subparagraph (C), a metropolitan planning organization
shall consult with employers, private and nonprofit providers of public transportation, transportation management
organizations, and organizations that provide job access
reverse commute projects or job-related services to lowincome individuals.’’;
(9) in subsection (l)—
(A) by adding a period at the end of paragraph (1);
and
(B) in paragraph (2)(D) by striking ‘‘of less than
200,000’’ and inserting ‘‘with a population of 200,000 or
less’’;
(10) in subsection (n)(1) by inserting ‘‘49’’ after ‘‘chapter
53 of title’’;
(11) in subsection (p) by striking ‘‘Funds set aside under
section 104(f)’’ and inserting ‘‘Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)’’; and
(12) by adding at the end the following:
‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.—
‘‘(1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, the term ‘Bi-State MPO Region’ has the meaning given
the term ‘region’ in subsection (a) of Article II of the Lake
Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat.
3234).
‘‘(2) TREATMENT.—For the purpose of this title, the BiState MPO Region shall be treated as—
‘‘(A) a metropolitan planning organization;
‘‘(B) a transportation management area under subsection (k); and

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population
of 65,000 in the State of Nevada.
‘‘(3) SUBALLOCATED FUNDING.—
‘‘(A) PLANNING.—In determining the amounts under
subparagraph (A) of section 133(d)(1) that shall be obligated
for a fiscal year in the States of California and Nevada
under clauses (i), (ii), and (iii) of that subparagraph, the
Secretary shall, for each of those States—
‘‘(i) calculate the population under each of those
clauses;
‘‘(ii) decrease the amount under section
133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO
Region in that State; and
‘‘(iii) increase the amount under section
133(d)(1)(A)(i) by the population specified in paragraph
(2) of this subsection for the Bi-State MPO Region
in that State.
‘‘(B) STBGP SET ASIDE.—In determining the amounts
under paragraph (2) of section 133(h) that shall be obligated
for a fiscal year in the States of California and Nevada,
the Secretary shall, for the purpose of that subsection,
calculate the populations for each of those States in a
manner consistent with subparagraph (A).’’.

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SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.

Section 135 of title 23, United States Code, is amended—
(1) in subsection (a)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting, ‘‘, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and
commuter van pool providers’’;
(2) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (G) by striking ‘‘and’’ at the
end;
(ii) in subparagraph (H) by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(I) improve the resiliency and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation; and
‘‘(J) enhance travel and tourism.’’; and
(B) in paragraph (2)—
(i) in subparagraph (A) by striking ‘‘and in section
5301(c) of title 49’’ and inserting ‘‘and the general
purposes described in section 5301 of title 49’’;
(ii) in subparagraph (B)(ii) by striking ‘‘urbanized’’;
and
(iii) in subparagraph (C) by striking ‘‘urbanized’’;
(3) in subsection (f)—
(A) in paragraph (3)(A)(ii)—
(i) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and

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129 STAT. 1375

(ii) by inserting ‘‘(including intercity bus operators,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program,
parking cash-out program, shuttle program, or
telework program)’’ after ‘‘private providers of transportation’’; and
(B) in paragraph (7), in the matter preceding subparagraph (A), by striking ‘‘should’’ and inserting ‘‘shall’’; and
(C) in paragraph (8), by inserting ‘‘, including consideration of the role that intercity buses may play in reducing
congestion, pollution, and energy consumption in a costeffective manner and strategies and investments that preserve and enhance intercity bus systems, including systems
that are privately owned and operated’’ before the period
at the end; and
(4) in subsection (g)(3)—
(A) by inserting ‘‘public ports,’’ before ‘‘freight shippers’’; and
(B) by inserting ‘‘(including intercity bus operators),’’
after ‘‘private providers of transportation’’.

Subtitle C—Acceleration of Project
Delivery

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SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC
SITES.

(a) HIGHWAYS.—Section 138 of title 23, United States Code,
is amended by adding at the end the following:
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC
SITES.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) align, to the maximum extent practicable, with
the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108
of title 54, including implementing regulations; and
‘‘(B) not later than 90 days after the date of enactment
of this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory Council
on Historic Preservation (referred to in this subsection
as the ‘Council’) to establish procedures to satisfy the
requirements described in subparagraph (A) (including
regulations).
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—
‘‘(A) IN GENERAL.—If, in an analysis required under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Secretary determines that there is no
feasible or prudent alternative to avoid use of a historic
site, the Secretary may—
‘‘(i) include the determination of the Secretary in
the analysis required under that Act;
‘‘(ii) provide a notice of the determination to—
‘‘(I) each applicable State historic preservation
officer and tribal historic preservation officer;
‘‘(II) the Council, if the Council is participating
in the consultation process under section 306108
of title 54; and

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‘‘(III) the Secretary of the Interior; and
‘‘(iii) request from the applicable preservation
officer, the Council, and the Secretary of the Interior
a concurrence that the determination is sufficient to
satisfy subsection (a)(1).
‘‘(B) CONCURRENCE.—If the applicable preservation
officer, the Council, and the Secretary of the Interior each
provide a concurrence requested under subparagraph
(A)(iii), no further analysis under subsection (a)(1) shall
be required.
‘‘(C) PUBLICATION.—A notice of a determination,
together with each relevant concurrence to that determination, under subparagraph (A) shall—
‘‘(i) be included in the record of decision or finding
of no significant impact of the Secretary; and
‘‘(ii) be posted on an appropriate Federal website
by not later than 3 days after the date of receipt
by the Secretary of all concurrences requested under
subparagraph (A)(iii).
‘‘(3) ALIGNING HISTORICAL REVIEWS.—
‘‘(A) IN GENERAL.—If the Secretary, the applicable
preservation officer, the Council, and the Secretary of the
Interior concur that no feasible and prudent alternative
exists as described in paragraph (2), the Secretary may
provide to the applicable preservation officer, the Council,
and the Secretary of the Interior notice of the intent of
the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54.
‘‘(B) SATISFACTION OF CONDITIONS.—To satisfy subsection (a)(2), each individual described in paragraph
(2)(A)(ii) shall concur in the treatment of the applicable
historic site described in the memorandum of agreement
or programmatic agreement developed under section
306108 of title 54.’’.
(b) PUBLIC TRANSPORTATION.—Section 303 of title 49, United
States Code, is amended by adding at the end the following:
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC
SITES.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) align, to the maximum extent practicable, the
requirements of this section with the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and section 306108 of title 54, including implementing regulations; and
‘‘(B) not later than 90 days after the date of enactment
of this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory Council
on Historic Preservation (referred to in this subsection
as the ‘Council’) to establish procedures to satisfy the
requirements described in subparagraph (A) (including
regulations).
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.—
‘‘(A) IN GENERAL.—If, in an analysis required under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Secretary determines that there is no
feasible or prudent alternative to avoid use of a historic
site, the Secretary may—

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‘‘(i) include the determination of the Secretary in
the analysis required under that Act;
‘‘(ii) provide a notice of the determination to—
‘‘(I) each applicable State historic preservation
officer and tribal historic preservation officer;
‘‘(II) the Council, if the Council is participating
in the consultation process under section 306108
of title 54; and
‘‘(III) the Secretary of the Interior; and
‘‘(iii) request from the applicable preservation
officer, the Council, and the Secretary of the Interior
a concurrence that the determination is sufficient to
satisfy subsection (c)(1).
‘‘(B) CONCURRENCE.—If the applicable preservation
officer, the Council, and the Secretary of the Interior each
provide a concurrence requested under subparagraph
(A)(iii), no further analysis under subsection (c)(1) shall
be required.
‘‘(C) PUBLICATION.—A notice of a determination,
together with each relevant concurrence to that determination, under subparagraph (A) shall—
‘‘(i) be included in the record of decision or finding
of no significant impact of the Secretary; and
‘‘(ii) be posted on an appropriate Federal website
by not later than 3 days after the date of receipt
by the Secretary of all concurrences requested under
subparagraph (A)(iii).
‘‘(3) ALIGNING HISTORICAL REVIEWS.—
‘‘(A) IN GENERAL.—If the Secretary, the applicable
preservation officer, the Council, and the Secretary of the
Interior concur that no feasible and prudent alternative
exists as described in paragraph (2), the Secretary may
provide to the applicable preservation officer, the Council,
and the Secretary of the Interior notice of the intent of
the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54.
‘‘(B) SATISFACTION OF CONDITIONS.—To satisfy subsection (c)(2), the applicable preservation officer, the
Council, and the Secretary of the Interior shall concur
in the treatment of the applicable historic site described
in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.’’.

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SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL
AUTHORITIES.

(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United
States Code, as amended by section 1301, is amended by adding
at the end the following:
‘‘(d) REFERENCES TO PAST TRANSPORTATION ENVIRONMENTAL
AUTHORITIES.—
‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this
section are commonly referred to as section 4(f) requirements
(see section 4(f) of the Department of Transportation Act (Public
Law 89–670; 80 Stat. 934) as in effect before the repeal of
that section).
‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of section 306108 of title 54 are commonly referred to as section

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106 requirements (see section 106 of the National Historic
Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917)
as in effect before the repeal of that section).’’.
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United
States Code, as amended by section 1301, is amended by adding
at the end the following:
‘‘(f) REFERENCES TO PAST TRANSPORTATION ENVIRONMENTAL
AUTHORITIES.—
‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this
section are commonly referred to as section 4(f) requirements
(see section 4(f) of the Department of Transportation Act (Public
Law 89–670; 80 Stat. 934) as in effect before the repeal of
that section).
‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of section 306108 of title 54 are commonly referred to as section
106 requirements (see section 106 of the National Historic
Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917)
as in effect before the repeal of that section).’’.
SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION
REQUIREMENTS.

(a) PRESERVATION OF PARKLANDS.—Section 138 of title 23,
United States Code, as amended by section 1302, is amended by
adding at the end the following:
‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION.—A common
post-1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54 shall be exempt from consideration under
this section.’’.
(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL REFUGES,
AND HISTORIC SITES.—Section 303 of title 49, United States Code,
as amended by section 1302, is amended by adding at the end
the following:
‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION.—A common
post-1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54 shall be exempt from consideration under
this section.’’.

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SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING.

(a) DEFINITIONS.—Section 139(a) of title 23, United States Code,
is amended—
(1) by striking paragraph (5) and inserting the following:
‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’
means a project that requires the approval of more than 1
Department of Transportation operating administration or secretarial office.’’; and
(2) by striking paragraph (6) and inserting the following:
‘‘(6) PROJECT.—
‘‘(A) IN GENERAL.—The term ‘project’ means any highway project, public transportation capital project, or
multimodal project that, if implemented as proposed by
the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation.
‘‘(B) CONSIDERATIONS.—In determining whether a
project is a project under subparagraph (A), the Secretary

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129 STAT. 1379

shall take into account, if known, any sources of Federal
funding or financing identified by the project sponsor,
including any discretionary grant, loan, and loan guarantee
programs administered by the Department of Transportation.’’.
(b) APPLICABILITY.—Section 139(b)(3) of title 23, United States
Code, is amended—
(1) in subparagraph (A) in the matter preceding clause
(i) by striking ‘‘initiate a rulemaking to’’; and
(2) by striking subparagraph (B) and inserting the following:
‘‘(B) REQUIREMENTS.—In carrying out subparagraph
(A), the Secretary shall ensure that programmatic
reviews—
‘‘(i) promote transparency, including the transparency of—
‘‘(I) the analyses and data used in the environmental reviews;
‘‘(II) the treatment of any deferred issues
raised by agencies or the public; and
‘‘(III) the temporal and spatial scales to be
used to analyze issues under subclauses (I) and
(II);
‘‘(ii) use accurate and timely information, including
through establishment of—
‘‘(I) criteria for determining the general duration of the usefulness of the review; and
‘‘(II) a timeline for updating an out-of-date
review;
‘‘(iii) describe—
‘‘(I) the relationship between any programmatic analysis and future tiered analysis; and
‘‘(II) the role of the public in the creation of
future tiered analysis;
‘‘(iv) are available to other relevant Federal and
State agencies, Indian tribes, and the public; and
‘‘(v) provide notice and public comment opportunities consistent with applicable requirements.’’.
(c) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United
States Code, is amended—
(1) in paragraph (1)(A) by inserting ‘‘, or an operating
administration thereof designated by the Secretary,’’ after
‘‘Department of Transportation’’; and
(2) in paragraph (6)—
(A) in subparagraph (A) by striking ‘‘and’’ at the end;
(B) in subparagraph (B) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) to consider and respond to comments received
from participating agencies on matters within the special
expertise or jurisdiction of those agencies.’’.
(d) PARTICIPATING AGENCIES.—
(1) INVITATION.—Section 139(d)(2) of title 23, United States
Code, is amended by striking ‘‘The lead agency shall identify,
as early as practicable in the environmental review process
for a project,’’ and inserting ‘‘Not later than 45 days after
the date of publication of a notice of intent to prepare an

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environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify’’.
(2) SINGLE NEPA DOCUMENT.—Section 139(d) of title 23,
United States Code, is amended by adding at the end the
following:
‘‘(8) SINGLE NEPA DOCUMENT.—
‘‘(A) IN GENERAL.—Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews
for a project shall rely on a single environment document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) under the leadership of the
lead agency.
‘‘(B) USE OF DOCUMENT.—
‘‘(i) IN GENERAL.—To the maximum extent practicable, the lead agency shall develop an environmental
document sufficient to satisfy the requirements for any
Federal approval or other Federal action required for
the project, including permits issued by other Federal
agencies.
‘‘(ii) COOPERATION OF PARTICIPATING AGENCIES.—
Other participating agencies shall cooperate with the
lead agency and provide timely information to help
the lead agency carry out this subparagraph.
‘‘(C) TREATMENT AS PARTICIPATING AND COOPERATING
AGENCIES.—A Federal agency required to make an approval
or take an action for a project, as described in subparagraph
(B), shall work with the lead agency for the project to
ensure that the agency making the approval or taking
the action is treated as being both a participating and
cooperating agency for the project.
‘‘(9) PARTICIPATING AGENCY RESPONSIBILITIES.—An agency
participating in the environmental review process under this
section shall—
‘‘(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or
jurisdiction of the agency; and
‘‘(B) use the process to address any environmental
issues of concern to the agency.’’.
(e) PROJECT INITIATION.—Section 139(e) of title 23, United
States Code, is amended—
(1) in paragraph (1) by inserting ‘‘(including any additional
information that the project sponsor considers to be important
to initiate the process for the proposed project)’’ after ‘‘general
location of the proposed project’’; and
(2) by adding at the end the following:
‘‘(3) REVIEW OF APPLICATION.—Not later than 45 days after
the date on which the Secretary receives notification under
paragraph (1), the Secretary shall provide to the project sponsor
a written response that, as applicable—
‘‘(A) describes the determination of the Secretary—
‘‘(i) to initiate the environmental review process,
including a timeline and an expected date for the
publication in the Federal Register of the relevant
notice of intent; or
‘‘(ii) to decline the application, including an explanation of the reasons for that decision; or

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129 STAT. 1381

‘‘(B) requests additional information, and provides to
the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review
process.
‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.—
‘‘(A) IN GENERAL.—Any project sponsor may submit
to the Secretary a request to designate the operating
administration or secretarial office within the Department
of Transportation with the expertise on the proposed project
to serve as the Federal lead agency for the project.
‘‘(B) SECRETARIAL ACTION.—
‘‘(i) IN GENERAL.—If the Secretary receives a
request under subparagraph (A), the Secretary shall
respond to the request not later than 45 days after
the date of receipt.
‘‘(ii) REQUIREMENTS.—The response under clause
(i) shall—
‘‘(I) approve the request;
‘‘(II) deny the request, with an explanation
of the reasons for the denial; or
‘‘(III) require the submission of additional
information.
‘‘(iii) ADDITIONAL INFORMATION.—If additional
information is submitted in accordance with clause
(ii)(III), the Secretary shall respond to the submission
not later than 45 days after the date of receipt.
‘‘(5) ENVIRONMENTAL CHECKLIST.—
‘‘(A) DEVELOPMENT.—The lead agency for a project,
in consultation with participating agencies, shall develop,
as appropriate, a checklist to help project sponsors identify
potential natural, cultural, and historic resources in the
area of the project.
‘‘(B) PURPOSE.—The purposes of the checklist are—
‘‘(i) to identify agencies and organizations that can
provide information about natural, cultural, and historic resources;
‘‘(ii) to develop the information needed to determine the range of alternatives; and
‘‘(iii) to improve interagency collaboration to help
expedite the permitting process for the lead agency
and participating agencies.’’.
(f) PURPOSE AND NEED.—Section 139(f) of title 23, United States
Code, is amended—
(1) in the subsection heading by inserting ‘‘; ALTERNATIVES
ANALYSIS’’ after ‘‘NEED’’; and
(2) in paragraph (4)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) PARTICIPATION.—
‘‘(i) IN GENERAL.—As early as practicable during
the environmental review process, the lead agency
shall provide an opportunity for involvement by participating agencies and the public in determining the
range of alternatives to be considered for a project.
‘‘(ii) COMMENTS OF PARTICIPATING AGENCIES.—To
the maximum extent practicable and consistent with
applicable law, each participating agency receiving an

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PUBLIC LAW 114–94—DEC. 4, 2015
opportunity for involvement under clause (i) shall limit
the comments of the agency to subject matter areas
within the special expertise or jurisdiction of the
agency.
‘‘(iii) EFFECT OF NONPARTICIPATION.—A participating agency that declines to participate in the
development of the purpose and need and range of
alternatives for a project shall be required to comply
with the schedule developed under subsection
(g)(1)(B).’’;
(B) in subparagraph (B)—
(i) by striking ‘‘Following participation under paragraph (1)’’ and inserting the following:
‘‘(i)
DETERMINATION.—Following
participation
under subparagraph (A)’’; and
(ii) by adding at the end the following:
‘‘(ii) USE.—To the maximum extent practicable and
consistent with Federal law, the range of alternatives
determined for a project under clause (i) shall be used
for all Federal environmental reviews and permit processes required for the project unless the alternatives
must be modified—
‘‘(I) to address significant new information or
circumstances, and the lead agency and participating agencies agree that the alternatives must
be modified to address the new information or
circumstances; or
‘‘(II) for the lead agency or a participating
agency to fulfill the responsibilities of the agency
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) in a timely manner.’’;
and
(C) by adding at the end the following:
‘‘(E) REDUCTION OF DUPLICATION.—
‘‘(i) IN GENERAL.—In carrying out this paragraph,
the lead agency shall reduce duplication, to the maximum extent practicable, between—
‘‘(I) the evaluation of alternatives under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
‘‘(II) the evaluation of alternatives in the
metropolitan transportation planning process
under section 134 or an environmental review
process carried out under State law (referred to
in this subparagraph as a ‘State environmental
review process’).
‘‘(ii) CONSIDERATION OF ALTERNATIVES.—The lead
agency may eliminate from detailed consideration an
alternative proposed in an environmental impact statement regarding a project if, as determined by the lead
agency—
‘‘(I) the alternative was considered in a metropolitan planning process or a State environmental
review process by a metropolitan planning
organization or a State or local transportation
agency, as applicable;

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129 STAT. 1383

‘‘(II) the lead agency provided guidance to the
metropolitan planning organization or State or
local transportation agency, as applicable,
regarding analysis of alternatives in the metropolitan planning process or State environmental
review process, including guidance on the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and any other
Federal law necessary for approval of the project;
‘‘(III) the applicable metropolitan planning
process or State environmental review process
included an opportunity for public review and comment;
‘‘(IV) the applicable metropolitan planning
organization or State or local transportation
agency rejected the alternative after considering
public comments;
‘‘(V) the Federal lead agency independently
reviewed the alternative evaluation approved by
the applicable metropolitan planning organization
or State or local transportation agency; and
‘‘(VI) the Federal lead agency determined—
‘‘(aa) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is
not necessary for compliance with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
‘‘(bb) with the concurrence of Federal
agencies with jurisdiction over a permit or
approval required for a project, that the alternative to be eliminated from consideration is
not necessary for any permit or approval under
any other Federal law.’’.
(g) COORDINATION AND SCHEDULING.—
(1) COORDINATION PLAN.—Section 139(g)(1) of title 23,
United States Code, is amended—
(A) in subparagraph (A) by striking ‘‘The lead agency’’
and inserting ‘‘Not later than 90 days after the date of
publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency’’; and
(B) in subparagraph (B)(i) by striking ‘‘may establish
as part of the coordination plan’’ and inserting ‘‘shall establish as part of such coordination plan’’.
(2) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—Section
139(g)(3) of title 23, United States Code, is amended in the
matter preceding subparagraph (A) by inserting ‘‘and publish
on the Internet’’ after ‘‘House of Representatives’’.
(h) ISSUE IDENTIFICATION AND RESOLUTION.—
(1) ISSUE RESOLUTION.—Section 139(h) of title 23, United
States Code, is amended—
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following:
‘‘(4) ISSUE RESOLUTION.—Any issue resolved by the lead
agency with the concurrence of participating agencies may not

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be reconsidered unless significant new information or circumstances arise.’’.
(2) FAILURE TO ASSURE.—Section 139(h)(5)(C) of title 23,
United States Code (as redesignated by paragraph (1)(A)), is
amended by striking ‘‘paragraph (5) and’’ and inserting ‘‘paragraph (6)’’.
(3) FINANCIAL PENALTY PROVISIONS.—Section 139(h)(7)(B)
of title 23, United States Code (as redesignated by paragraph
(1)(A)), is amended—
(A) in clause (i)(I) by striking ‘‘under section 106(i)
is required’’ and inserting ‘‘is required under subsection
(h) or (i) of section 106’’; and
(B) by striking clause (ii) and inserting the following:
‘‘(ii) DESCRIPTION OF DATE.—The date referred to
in clause (i) is—
‘‘(I) the date that is 30 days after the date
for rendering a decision as described in the project
schedule established pursuant to subsection
(g)(1)(B);
‘‘(II) if no schedule exists, the later of—
‘‘(aa) the date that is 180 days after the
date on which an application for the permit,
license, or approval is complete; and
‘‘(bb) the date that is 180 days after the
date on which the Federal lead agency issues
a decision on the project under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
‘‘(III) a modified date in accordance with subsection (g)(1)(D).’’.
(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.—
(1) IN GENERAL.—Section 139(j) of title 23, United States
Code, is amended by striking paragraph (1) and inserting the
following:
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORITY TO PROVIDE FUNDS.—The Secretary
may allow a public entity receiving financial assistance
from the Department of Transportation under this title
or chapter 53 of title 49 to provide funds to Federal agencies
(including the Department), State agencies, and Indian
tribes participating in the environmental review process
for the project or program.
‘‘(B) USE OF FUNDS.—Funds referred to in subparagraph (A) may be provided only to support activities that
directly and meaningfully contribute to expediting and
improving permitting and review processes, including planning, approval, and consultation processes for the project
or program.’’.
(2) ACTIVITIES ELIGIBLE FOR FUNDING.—Section 139(j)(2)
of title 23, United States Code, is amended by inserting ‘‘activities directly related to the environmental review process,’’ before
‘‘dedicated staffing,’’.
(3) AGREEMENT.—Section 139(j) of title 23, United States
Code, is amended by striking paragraph (6) and inserting the
following:
‘‘(6) AGREEMENT.—Prior to providing funds approved by
the Secretary for dedicated staffing at an affected agency under

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paragraphs (1) and (2), the affected agency and the requesting
public entity shall enter into an agreement that establishes
the projects and priorities to be addressed by the use of the
funds.’’.
(j) ACCELERATED DECISIONMAKING; IMPROVING TRANSPARENCY
IN ENVIRONMENTAL REVIEWS.—
(1) IN GENERAL.—Section 139 of title 23, United States
Code, is amended by adding at the end the following:
‘‘(n) ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.—
‘‘(1) IN GENERAL.—In preparing a final environmental
impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies
the statement in response to comments that are minor and
are confined to factual corrections or explanations of why the
comments do not warrant additional agency response, the lead
agency may write on errata sheets attached to the statement
instead of rewriting the draft statement, subject to the condition
that the errata sheets—
‘‘(A) cite the sources, authorities, and reasons that
support the position of the agency; and
‘‘(B) if appropriate, indicate the circumstances that
would trigger agency reappraisal or further response.
‘‘(2) SINGLE DOCUMENT.—To the maximum extent practicable, the lead agency shall expeditiously develop a single
document that consists of a final environmental impact statement and a record of decision, unless—
‘‘(A) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
‘‘(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the
proposed action or the impacts of the proposed action.
‘‘(o) IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this subsection, the Secretary shall—
‘‘(A) use the searchable Internet website maintained
under section 41003(b) of the FAST Act—
‘‘(i) to make publicly available the status and
progress of projects requiring an environmental assessment or an environmental impact statement with
respect to compliance with applicable requirements of
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any other Federal, State,
or local approval required for those projects; and
‘‘(ii) to make publicly available the names of
participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and
‘‘(B) issue reporting standards to meet the requirements of subparagraph (A).
‘‘(2) FEDERAL, STATE, AND LOCAL AGENCY PARTICIPATION.—
‘‘(A) FEDERAL AGENCIES.—A Federal agency participating in the environmental review or permitting process
for a project shall provide to the Secretary information
regarding the status and progress of the approval of the
project for publication on the Internet website referred

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to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B).
‘‘(B) STATE AND LOCAL AGENCIES.—The Secretary shall
encourage State and local agencies participating in the
environmental review permitting process for a project to
provide information regarding the status and progress of
the approval of the project for publication on the Internet
website referred to in paragraph (1)(A).
‘‘(3) STATES WITH DELEGATED AUTHORITY.—A State with
delegated authority for responsibilities under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
pursuant to section 327 shall be responsible for supplying to
the Secretary project development and compliance status for
all applicable projects.’’.
(2) CONFORMING AMENDMENT.—Section 1319 of MAP–21
(42 U.S.C. 4332a), and the item relating to that section in
the table of contents contained in section 1(c) of that Act,
are repealed.
(k) IMPLEMENTATION OF PROGRAMMATIC COMPLIANCE.—
(1) RULEMAKING.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall complete a rulemaking to implement the provisions of section 139(b)(3) of
title 23, United States Code, as amended by this section.
(2) CONSULTATION.—Before initiating the rulemaking under
paragraph (1), the Secretary shall consult with relevant Federal
agencies, relevant State resource agencies, State departments
of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches.
(3) REQUIREMENTS.—In carrying out this subsection, the
Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23, United States Code,
as amended by this section.
(4) COMMENT PERIOD.—The Secretary shall—
(A) allow not fewer than 60 days for public notice
and comment on the proposed rule; and
(B) address any comments received under this subsection.

23 USC 139 note.

SEC.

1305.

INTEGRATION
REVIEW.

OF

PLANNING

AND

ENVIRONMENTAL

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Section 168 of title 23, United States Code, is amended to
read as follows:
‘‘§ 168. Integration of planning and environmental review
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ has the meaning given the term in
section 139(a).
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ has the meaning
given the term in section 139(a).
‘‘(3) PLANNING PRODUCT.—The term ‘planning product’
means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking
process carried out by a metropolitan planning organization
or a State, as appropriate, during metropolitan or statewide
transportation planning under section 134 or 135, respectively.

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‘‘(4) PROJECT.—The term ‘project’ has the meaning given
the term in section 139(a).
‘‘(5) PROJECT SPONSOR.—The term ‘project sponsor’ has the
meaning given the term in section 139(a).
‘‘(6) RELEVANT AGENCY.—The term ‘relevant agency’ means
the agency with authority under subparagraph (A) or (B) of
subsection (b)(1).
‘‘(b) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING
PRODUCTS FOR USE IN NEPA PROCEEDINGS.—
‘‘(1) IN GENERAL.—Subject to subsection (d) and to the
maximum extent practicable and appropriate, the following
agencies may adopt or incorporate by reference and use a
planning product in proceedings relating to any class of action
in the environmental review process of the project:
‘‘(A) The lead agency for a project, with respect to
an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
‘‘(B) The cooperating agency with responsibility under
Federal law, with respect to the process for and completion
of any environmental permit, approval, review, or study
required for a project under any Federal law other than
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), if consistent with that law.
‘‘(2) IDENTIFICATION.—If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies
that participated in the development of the planning products.
‘‘(3) ADOPTION OR INCORPORATION BY REFERENCE OF PLANNING PRODUCTS.—The relevant agency may—
‘‘(A) adopt or incorporate by reference an entire planning product under paragraph (1); or
‘‘(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference.
‘‘(4) TIMING.—A determination under paragraph (1) with
respect to the adoption or incorporation by reference of a planning product may—
‘‘(A) be made at the time the relevant agencies decide
the appropriate scope of environmental review for the
project; or
‘‘(B) occur later in the environmental review process,
as appropriate.
‘‘(c) APPLICABILITY.—
‘‘(1) PLANNING DECISIONS.—The relevant agency in the
environmental review process may adopt or incorporate by reference decisions from a planning product, including—
‘‘(A) whether tolling, private financial assistance, or
other special financial measures are necessary to implement the project;
‘‘(B) a decision with respect to general travel corridor
or modal choice, including a decision to implement corridor
or subarea study recommendations to advance different
modal solutions as separate projects with independent
utility;
‘‘(C) the purpose and the need for the proposed action;

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129 STAT. 1388

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(D) preliminary screening of alternatives and elimination of unreasonable alternatives;
‘‘(E) a basic description of the environmental setting;
‘‘(F) a decision with respect to methodologies for analysis; and
‘‘(G) an identification of programmatic level mitigation
for potential impacts of a project, including a programmatic
mitigation plan developed in accordance with section 169,
that the relevant agency determines are more effectively
addressed on a national or regional scale, including—
‘‘(i) measures to avoid, minimize, and mitigate
impacts at a national or regional scale of proposed
transportation
investments
on
environmental
resources, including regional ecosystem and water
resources; and
‘‘(ii) potential mitigation activities, locations, and
investments.
‘‘(2) PLANNING ANALYSES.—The relevant agency in the
environmental review process may adopt or incorporate by reference analyses from a planning product, including—
‘‘(A) travel demands;
‘‘(B) regional development and growth;
‘‘(C) local land use, growth management, and development;
‘‘(D) population and employment;
‘‘(E) natural and built environmental conditions;
‘‘(F) environmental resources and environmentally sensitive areas;
‘‘(G) potential environmental effects, including the
identification of resources of concern and potential direct,
indirect, and cumulative effects on those resources; and
‘‘(H) mitigation needs for a proposed project, or for
programmatic level mitigation, for potential effects that
the lead agency determines are most effectively addressed
at a regional or national program level.
‘‘(d) CONDITIONS.—The relevant agency in the environmental
review process may adopt or incorporate by reference a planning
product under this section if the relevant agency determines, with
the concurrence of the lead agency and, if the planning product
is necessary for a cooperating agency to issue a permit, review,
or approval for the project, with the concurrence of the cooperating
agency, that the following conditions have been met:
‘‘(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
‘‘(2) The planning product was developed in consultation
with appropriate Federal and State resource agencies and
Indian tribes.
‘‘(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects, including effects on the human
and natural environment.
‘‘(4) The planning process included public notice that the
planning products produced in the planning process may be
adopted during a subsequent environmental review process in
accordance with this section.
‘‘(5) During the environmental review process, the relevant
agency has—

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129 STAT. 1389

‘‘(A) made the planning documents available for public
review and comment by members of the general public
and Federal, State, local, and tribal governments that may
have an interest in the proposed project;
‘‘(B) provided notice of the intention of the relevant
agency to adopt or incorporate by reference the planning
product; and
‘‘(C) considered any resulting comments.
‘‘(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
‘‘(7) The planning product has a rational basis and is based
on reliable and reasonably current data and reasonable and
scientifically acceptable methodologies.
‘‘(8) The planning product is documented in sufficient detail
to support the decision or the results of the analysis and to
meet requirements for use of the information in the environmental review process.
‘‘(9) The planning product is appropriate for adoption or
incorporation by reference and use in the environmental review
process for the project and is incorporated in accordance with,
and is sufficient to meet the requirements of, the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and section 1502.21 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of the FAST Act).
‘‘(10) The planning product was approved within the 5year period ending on the date on which the information is
adopted or incorporated by reference.
‘‘(e) EFFECT OF ADOPTION OR INCORPORATION BY REFERENCE.—
Any planning product adopted or incorporated by reference by the
relevant agency in accordance with this section may be—
‘‘(1) incorporated directly into an environmental review
process document or other environmental document; and
‘‘(2) relied on and used by other Federal agencies in carrying out reviews of the project.
‘‘(f) RULES OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—This section does not make the environmental review process applicable to the transportation planning
process conducted under this title and chapter 53 of title 49.
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of
the environmental review process as a part of, or concurrently
with, transportation planning activities does not subject
transportation plans and programs to the environmental review
process.
‘‘(3) PLANNING PRODUCTS.—This section does not affect the
use of planning products in the environmental review process
pursuant to other authorities under any other provision of
law or restrict the initiation of the environmental review
process during planning.’’.

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SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

Section 169(f) of title 23, United States Code, is amended—
(1) by striking ‘‘may use’’ and inserting ‘‘shall give substantial weight to’’; and
(2) by inserting ‘‘or other Federal environmental law’’ before
the period at the end.

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PUBLIC LAW 114–94—DEC. 4, 2015

SEC. 1307. TECHNICAL ASSISTANCE FOR STATES.

Section 326 of title 23, United States Code, is amended—
(1) in subsection (c)—
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(B) by inserting after paragraph (1) the following:
‘‘(2) ASSISTANCE TO STATES.—On request of a Governor
of a State, the Secretary shall provide to the State technical
assistance, training, or other support relating to—
‘‘(A) assuming responsibility under subsection (a);
‘‘(B) developing a memorandum of understanding under
this subsection; or
‘‘(C) addressing a responsibility in need of corrective
action under subsection (d)(1)(B).’’; and
(2) in subsection (d), by striking paragraph (1) and inserting
the following:
‘‘(1) TERMINATION BY SECRETARY.—The Secretary may
terminate the participation of any State in the program if—
‘‘(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to
the State;
‘‘(B) the Secretary provides to the State—
‘‘(i) a notification of the determination of noncompliance;
‘‘(ii) a period of not less than 120 days to take
such corrective action as the Secretary determines to
be necessary to comply with the applicable agreement;
and
‘‘(iii) on request of the Governor of the State, a
detailed description of each responsibility in need of
corrective action regarding an inadequacy identified
under subparagraph (A); and
‘‘(C) the State, after the notification and period
described in clauses (i) and (ii) of subparagraph (B), fails
to take satisfactory corrective action, as determined by
the Secretary.’’.

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SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

Section 327 of title 23, United States Code, is amended—
(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 U.S.C. 13
4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’;
(2) in subsection (c)(4) by inserting ‘‘reasonably’’ before
‘‘considers necessary’’;
(3) in subsection (e) by inserting ‘‘and without further
approval of’’ after ‘‘in lieu of’’;
(4) in subsection (g)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—To ensure compliance by a State with
any agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State
participating in the program under this section, the Secretary
shall—
‘‘(A) not later than 180 days after the date of execution
of the agreement, meet with the State to review

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129 STAT. 1391

implementation of the agreement and discuss plans for
the first annual audit;
‘‘(B) conduct annual audits during each of the first
4 years of State participation; and
‘‘(C) ensure that the time period for completing an
annual audit, from initiation to completion (including public
comment and responses to those comments), does not
exceed 180 days.’’; and
(B) by adding at the end the following:
‘‘(3) AUDIT TEAM.—
‘‘(A) IN GENERAL.—An audit conducted under paragraph (1) shall be carried out by an audit team determined
by the Secretary, in consultation with the State, in accordance with subparagraph (B).
‘‘(B) CONSULTATION.—Consultation with the State
under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on
the proposed members of the audit team.’’;
(5) in subsection (j) by striking paragraph (1) and inserting
the following:
‘‘(1) TERMINATION BY SECRETARY.—The Secretary may
terminate the participation of any State in the program if—
‘‘(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to
the State;
‘‘(B) the Secretary provides to the State—
‘‘(i) a notification of the determination of noncompliance;
‘‘(ii) a period of not less than 120 days to take
such corrective action as the Secretary determines to
be necessary to comply with the applicable agreement;
and
‘‘(iii) on request of the Governor of the State, a
detailed description of each responsibility in need of
corrective action regarding an inadequacy identified
under subparagraph (A); and
‘‘(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory
corrective action, as determined by the Secretary.’’; and
(6) by adding at the end the following:
‘‘(k) CAPACITY BUILDING.—The Secretary, in cooperation with
representatives of State officials, may carry out education, training,
peer-exchange, and other initiatives as appropriate—
‘‘(1) to assist States in developing the capacity to participate
in the assignment program under this section; and
‘‘(2) to promote information sharing and collaboration
among States that are participating in the assignment program
under this section.
‘‘(l) RELATIONSHIP TO LOCALLY ADMINISTERED PROJECTS.—A
State granted authority under this section may, as appropriate
and at the request of a local government—
‘‘(1) exercise such authority on behalf of the local government for a locally administered project; or
‘‘(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply
with the National Environmental Policy Act of 1969 (42 U.S.C.

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129 STAT. 1392

PUBLIC LAW 114–94—DEC. 4, 2015
4321 et seq.) and any comparable requirements under State
law.’’.

23 USC 330 note.

SEC. 1309. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS.

(a) PURPOSE.—The purpose of this section is to eliminate
duplication of environmental reviews and approvals under State
laws and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(b) IN GENERAL.—Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:

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‘‘§ 330. Program for eliminating duplication of environmental
reviews
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish a pilot
program to authorize States that have assumed responsibilities
of the Secretary under section 327 and are approved to participate in the program under this section to conduct environmental reviews and make approvals for projects under State
environmental laws and regulations instead of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
consistent with the requirements of this section.
‘‘(2) PARTICIPATING STATES.—The Secretary may select not
more than 5 States to participate in the program.
‘‘(3) ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL
PROCEDURES DEFINED.—In this section, the term ‘alternative
environmental review and approval procedures’ means—
‘‘(A) substitution of 1 or more State environmental
laws for—
‘‘(i) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
‘‘(ii) any provisions of section 139 establishing
procedures for the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) that are under the authority of the Secretary,
as the Secretary, in consultation with the State, considers appropriate; and
‘‘(iii) related regulations and Executive orders; and
‘‘(B) substitution of 1 or more State environmental
regulations for—
‘‘(i) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
‘‘(ii) any provisions of section 139 establishing
procedures for the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) that are under the authority of the Secretary,
as the Secretary, in consultation with the State, considers appropriate; and
‘‘(iii) related regulations and Executive orders.
‘‘(b) APPLICATION.—To be eligible to participate in the program,
a State shall submit to the Secretary an application containing
such information as the Secretary may require, including—
‘‘(1) a full and complete description of the proposed alternative environmental review and approval procedures of the
State, including—

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129 STAT. 1393

‘‘(A) the procedures the State uses to engage the public
and consider alternatives to the proposed action; and
‘‘(B) the extent to which the State considers environmental consequences or impacts on resources potentially
impacted by the proposed action (such as air, water, or
species);
‘‘(2) each Federal requirement described in subsection (a)(3)
that the State is seeking to substitute;
‘‘(3) each State law or regulation that the State intends
to substitute for such Federal requirement;
‘‘(4) an explanation of the basis for concluding that the
State law or regulation is at least as stringent as the Federal
requirement described in subsection (a)(3);
‘‘(5) a description of the projects or classes of projects for
which the State anticipates exercising the authority that may
be granted under the program;
‘‘(6) verification that the State has the financial resources
necessary to carry out the authority that may be granted under
the program;
‘‘(7) evidence of having sought, received, and addressed
comments on the proposed application from the public; and
‘‘(8) any such additional information as the Secretary, or,
with respect to section (d)(1)(A), the Secretary in consultation
with the Chair, may require.
‘‘(c) REVIEW OF APPLICATION.—In accordance with subsection
(d), the Secretary shall—
‘‘(1) review and accept public comments on an application
submitted under subsection (b);
‘‘(2) approve or disapprove the application not later than
120 days after the date of receipt of an application that the
Secretary determines is complete; and
‘‘(3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the
approval or disapproval.
‘‘(d) APPROVAL OF APPLICATION.—
‘‘(1) IN GENERAL.—The Secretary shall approve an application submitted under subsection (b) only if—
‘‘(A) the Secretary, with the concurrence of the Chair
and after considering any public comments received pursuant to subsection (c), determines that the laws and regulations of the State described in the application are at least
as stringent as the Federal requirements described in subsection (a)(3);
‘‘(B) the Secretary, after considering any public comments received pursuant to subsection (c), determines that
the State has the capacity, including financial and personnel, to assume the responsibility;
‘‘(C) the State has executed an agreement with the
Secretary in accordance with section 327; and
‘‘(D) the State has executed an agreement with the
Secretary under this section that—
‘‘(i) has been executed by the Governor or the
top-ranking transportation official in the State who
is charged with responsibility for highway construction;
‘‘(ii) is in such form as the Secretary may prescribe;
‘‘(iii) provides that the State—

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129 STAT. 1394

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(I) agrees to assume the responsibilities, as
identified by the Secretary, under this section;
‘‘(II) expressly consents, on behalf of the State,
to accept the jurisdiction of the Federal courts
under subsection (e)(1) for the compliance, discharge, and enforcement of any responsibility
under this section;
‘‘(III) certifies that State laws (including regulations) are in effect that—
‘‘(aa) authorize the State to take the
actions necessary to carry out the responsibilities being assumed; and
‘‘(bb) are comparable to section 552 of title
5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a
court of competent jurisdiction; and
‘‘(IV) agrees to maintain the financial
resources necessary to carry out the responsibilities being assumed;
‘‘(iv) requires the State to provide to the Secretary
any information the Secretary reasonably considers
necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State;
‘‘(v) has a term of not more than 5 years; and
‘‘(vi) is renewable.
‘‘(2) EXCLUSION.—The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision
by the Secretary to approve or disapprove an application submitted under this section.
‘‘(e) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—The United States district courts shall
have exclusive jurisdiction over any civil action against a State
relating to the failure of the State—
‘‘(A) to meet the requirements of this section; or
‘‘(B) to follow the alternative environmental review
and approval procedures approved pursuant to this section.
‘‘(2) LIMITATION ON REVIEW.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, a claim seeking judicial review of a permit,
license, or approval issued by a State under this section
shall be barred unless the claim is filed not later than
2 years after the date of publication in the Federal Register
by the Secretary of a notice that the permit, license, or
approval is final pursuant to the law under which the
action is taken.
‘‘(B) DEADLINES.—
‘‘(i) NOTIFICATION.—The State shall notify the Secretary of the final action of the State not later than
10 days after the final action is taken.
‘‘(ii) PUBLICATION.—The Secretary shall publish
the notice of final action in the Federal Register not
later than 30 days after the date of receipt of the
notice under clause (i).
‘‘(C) SAVINGS PROVISION.—Nothing in this subsection
creates a right to judicial review or places any limit on

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129 STAT. 1395

filing a claim that a person has violated the terms of
a permit, license, or approval.
‘‘(3) NEW INFORMATION.—
‘‘(A) IN GENERAL.—A State shall consider new information received after the close of a comment period if the
information satisfies the requirements for a supplemental
environmental impact statement under section 771.130 of
title 23, Code of Federal Regulations (or successor regulations).
‘‘(B) TREATMENT OF FINAL AGENCY ACTION.—
‘‘(i) IN GENERAL.—The final agency action that follows preparation of a supplemental environmental
impact statement, if required, shall be considered a
separate final agency action, and the deadline for filing
a claim for judicial review of the action shall be 2
years after the date of publication in the Federal Register by the Secretary of a notice announcing such
action.
‘‘(ii) DEADLINES.—
‘‘(I) NOTIFICATION.—The State shall notify the
Secretary of the final action of the State not later
than 10 days after the final action is taken.
‘‘(II) PUBLICATION.—The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt
of the notice under subclause (I).
‘‘(f) ELECTION.—A State participating in the programs under
this section and section 327, at the discretion of the State, may
elect to apply the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) instead of the alternative environmental review
and approval procedures of the State.
‘‘(g) ADOPTION OR INCORPORATION BY REFERENCE OF DOCUMENTS.—To the maximum extent practicable and consistent with
Federal law, other Federal agencies with authority over a project
subject to this section shall adopt or incorporate by reference documents produced by a participating State under this section to satisfy
the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
‘‘(h) RELATIONSHIP TO LOCALLY ADMINISTERED PROJECTS.—
‘‘(1) IN GENERAL.—A State with an approved program under
this section, at the request of a local government, may exercise
authority under that program on behalf of up to 25 local governments for locally administered projects.
‘‘(2) SCOPE.—For up to 25 local governments selected by
a State with an approved program under this section, the
State shall be responsible for ensuring that any environmental
review, consultation, or other action required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) or the State program, or both, meets the requirements
of such Act or program.
‘‘(i) REVIEW AND TERMINATION.—
‘‘(1) IN GENERAL.—A State program approved under this
section shall at all times be in accordance with the requirements
of this section.
‘‘(2) REVIEW.—The Secretary shall review each State program approved under this section not less than once every
5 years.

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(3) PUBLIC NOTICE AND COMMENT.—In conducting the
review process under paragraph (2), the Secretary shall provide
notice and an opportunity for public comment.
‘‘(4) WITHDRAWAL OF APPROVAL.—If the Secretary, in consultation with the Chair, determines at any time that a State
is not administering a State program approved under this
section in accordance with the requirements of this section,
the Secretary shall so notify the State, and if appropriate
corrective action is not taken within a reasonable time, not
to exceed 90 days, the Secretary shall withdraw approval of
the State program.
‘‘(5) EXTENSIONS AND TERMINATIONS.—At the conclusion of
the review process under paragraph (2), the Secretary may
extend for an additional 5-year period or terminate the
authority of a State under this section to substitute the laws
and regulations of the State for the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(j) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this section, and annually thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report that
describes the administration of the program, including—
‘‘(1) the number of States participating in the program;
‘‘(2) the number and types of projects for which each State
participating in the program has used alternative environmental review and approval procedures;
‘‘(3) a description and assessment of whether implementation of the program has resulted in more efficient review of
projects; and
‘‘(4) any recommendations for modifications to the program.
‘‘(k) SUNSET.—The program shall terminate 12 years after the
date of enactment of this section.
‘‘(l) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) CHAIR.—The term ‘Chair’ means the Chair of the
Council on Environmental Quality.
‘‘(2) MULTIMODAL PROJECT.—The term ‘multimodal project’
has the meaning given that term in section 139(a).
‘‘(3) PROGRAM.—The term ‘program’ means the pilot program established under this section.
‘‘(4) PROJECT.—The term ‘project’ means—
‘‘(A) a project requiring approval under this title,
chapter 53 of subtitle III of title 49, or subtitle V of title
49; and
‘‘(B) a multimodal project.’’.
(c) RULEMAKING.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the Secretary, in consultation with
the Chair of the Council on Environmental Quality, shall
promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this
section.
(2) DETERMINATION OF STRINGENCY.—As part of the rulemaking required under this subsection, the Chair shall—
(A) establish the criteria necessary to determine that
a State law or regulation is at least as stringent as a

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Federal requirement described in section 330(a)(3) of title
23, United States Code; and
(B) ensure that the criteria, at a minimum—
(i) provide for protection of the environment;
(ii) provide opportunity for public participation and
comment, including access to the documentation necessary to review the potential impact of a project;
and
(iii) ensure a consistent review of projects that
would otherwise have been covered under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
23, United States Code, is amended by adding at the end the
following:

23 USC
prec. 301.

‘‘330. Program for eliminating duplication of environmental reviews.’’.

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SEC.

1310.

APPLICATION OF CATEGORICAL
MULTIMODAL PROJECTS.

EXCLUSIONS

FOR

Section 304 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘operating authority that’’ and
inserting ‘‘operating administration or secretarial office
that has expertise but’’; and
(ii) by inserting ‘‘proposed multimodal’’ after ‘‘with
respect to a’’; and
(B) by striking paragraph (2) and inserting the following:
‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means
a Department of Transportation operating administration or
secretarial office that has the lead responsibility for compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a proposed multimodal project.’’;
(2) in subsection (b) by inserting ‘‘or title 23’’ after ‘‘under
this title’’;
(3) by striking subsection (c) and inserting the following:
‘‘(c)
APPLICATION
OF
CATEGORICAL
EXCLUSIONS
FOR
MULTIMODAL PROJECTS.—In considering the environmental impacts
of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed
multimodal project, subject to the conditions that—
‘‘(1) the lead authority makes a determination, with the
concurrence of the cooperating authority—
‘‘(A) on the applicability of a categorical exclusion to
a proposed multimodal project; and
‘‘(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and this section;
‘‘(2) the lead authority follows the implementing regulations
of the cooperating authority or procedures under that Act;
and
‘‘(3) the lead authority determines that—

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the
environment; and
‘‘(B) extraordinary circumstances do not exist that
merit additional analysis and documentation in an environmental impact statement or environmental assessment
required under that Act.’’; and
(4) by striking subsection (d) and inserting the following:
‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A cooperating
authority shall provide expertise to the lead authority on aspects
of the multimodal project in which the cooperating authority has
expertise.’’.
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.

(a) IN GENERAL.—Title 49, United States Code, is amended
by inserting after section 304 the following:

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49 USC 304a.

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‘‘§ 304a.

Accelerated decisionmaking in environmental
reviews
‘‘(a) IN GENERAL.—In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if the lead agency modifies the statement
in response to comments that are minor and are confined to factual
corrections or explanations of why the comments do not warrant
additional agency response, the lead agency may write on errata
sheets attached to the statement, instead of rewriting the draft
statement, subject to the condition that the errata sheets—
‘‘(1) cite the sources, authorities, and reasons that support
the position of the agency; and
‘‘(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
‘‘(b) SINGLE DOCUMENT.—To the maximum extent practicable,
the lead agency shall expeditiously develop a single document that
consists of a final environmental impact statement and a record
of decision, unless—
‘‘(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
‘‘(2) there is a significant new circumstance or information
relevant to environmental concerns that bears on the proposed
action or the impacts of the proposed action.
‘‘(c) ADOPTION AND INCORPORATION BY REFERENCE OF DOCUMENTS.—
‘‘(1) AVOIDING DUPLICATION.—To prevent duplication of
analyses and support expeditious and efficient decisions, the
operating administrations of the Department of Transportation
shall use adoption and incorporation by reference in accordance
with this subsection.
‘‘(2) ADOPTION OF DOCUMENTS OF OTHER OPERATING
ADMINISTRATIONS.—An operating administration or a secretarial office within the Department of Transportation may adopt
a draft environmental impact statement, an environmental
assessment, or a final environmental impact statement of
another operating administration for the use of the adopting
operating administration when preparing an environmental
assessment or final environmental impact statement for a

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129 STAT. 1399

project without recirculating the document for public review,
if—
‘‘(A) the adopting operating administration certifies
that the proposed action is substantially the same as the
project considered in the document to be adopted;
‘‘(B) the other operating administration concurs with
such decision; and
‘‘(C) such actions are consistent with the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
‘‘(3) INCORPORATION BY REFERENCE.—An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft
environmental impact statement, an environmental assessment,
or a final environmental impact statement for the use of the
adopting operating administration when preparing an environmental assessment or final environmental impact statement
for a project if—
‘‘(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are
briefly described;
‘‘(B) the incorporated material is reasonably available
for inspection by potentially interested persons within the
time allowed for review and comment; and
‘‘(C) the incorporated material does not include proprietary data that is not available for review and comment.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of
title 49, United States Code, is amended by inserting after the
item relating to section 304 the following:

49 USC
prec. 301.

‘‘304a. Accelerated decisionmaking in environmental reviews.’’.
SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT
IN ENVIRONMENTAL REVIEWS.

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(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.—
‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public entity
receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects,
for a public purpose may request that the Secretary allow
the public entity to provide funds to Federal agencies, including
the Department, State agencies, and Indian tribes participating
in the environmental planning and review process for the
project, projects, or program.
‘‘(2) USE OF FUNDS.—The funds may be provided only to
support activities that directly and meaningfully contribute
to expediting and improving permitting and review processes,
including planning, approval, and consultation processes for
the project, projects, or program.
‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities for which
funds may be provided under subsection (a) include transportation
planning activities that precede the initiation of the environmental
review process, activities directly related to the environmental

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review process, dedicated staffing, training of agency personnel,
information gathering and mapping, and development of programmatic agreements.
‘‘(c) AMOUNTS.—A request under subsection (a) may be approved
only for the additional amounts that the Secretary determines
are necessary for the Federal agencies, State agencies, or Indian
tribes participating in the environmental review process to timely
conduct the review.
‘‘(d) AGREEMENTS.—Prior to providing funds approved by the
Secretary for dedicated staffing at an affected Federal agency under
subsection (a), the affected Federal agency and the requesting public
entity shall enter into an agreement that establishes a process
to identify projects or priorities to be addressed by the use of
the funds.
‘‘(e) GUIDANCE.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Secretary shall issue guidance
to implement this section.
‘‘(2) FACTORS.—As part of the guidance issued under paragraph (1), the Secretary shall ensure—
‘‘(A) to the maximum extent practicable, that expediting and improving the process of environmental review
and permitting through the use of funds accepted and
expended under this section does not adversely affect the
timeline for review and permitting by Federal agencies,
State agencies, or Indian tribes of other entities that have
not contributed funds under this section;
‘‘(B) that the use of funds accepted under this section
will not impact impartial decisionmaking with respect to
environmental reviews or permits, either substantively or
procedurally; and
‘‘(C) that the Secretary maintains, and makes publicly
available, including on the Internet, a list of projects or
programs for which such review or permits have been
carried out using funds authorized under this section.
‘‘(f) EXISTING AUTHORITY.—Nothing in this section may be construed to conflict with section 139(j) of title 23.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of
title 49, United States Code, is amended by inserting after the
item relating to section 306 the following:
‘‘307. Improving State and Federal agency engagement in environmental reviews.’’.

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SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.

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49 USC
prec. 301.

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

49 USC 310.

‘‘§ 310. Aligning Federal environmental reviews
‘‘(a) COORDINATED AND CONCURRENT ENVIRONMENTAL
REVIEWS.—Not later than 1 year after the date of enactment of
this section, the Department of Transportation, in coordination
with the heads of Federal agencies likely to have substantive review
or approval responsibilities under Federal law, shall develop a
coordinated and concurrent environmental review and permitting
process for transportation projects when initiating an environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as
‘NEPA’).

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129 STAT. 1401

‘‘(b) CONTENTS.—The coordinated and concurrent environmental
review and permitting process developed under subsection (a)
shall—
‘‘(1) ensure that the Department of Transportation and
agencies of jurisdiction possess sufficient information early in
the review process to determine a statement of a transportation
project’s purpose and need and range of alternatives for analysis
that the lead agency and agencies of jurisdiction will rely
on for concurrent environmental reviews and permitting
decisions required for the proposed project;
‘‘(2) achieve early concurrence or issue resolution during
the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during
development of the environmental impact statement on the
range of alternatives for analysis, that the lead agency and
agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration
in order to meet an agency of jurisdiction’s obligations under
a statute or Executive order; and
‘‘(3) achieve concurrence or issue resolution in an expedited
manner if circumstances arise that require a reconsideration
of the purpose and need or range of alternatives considered
during any Federal agency’s environmental or permitting
review in order to meet an agency of jurisdiction’s obligations
under a statute or Executive order.
‘‘(c) ENVIRONMENTAL CHECKLIST.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Secretary of Transportation
and Federal agencies of jurisdiction likely to have substantive
review or approval responsibilities on transportation projects
shall jointly develop a checklist to help project sponsors identify
potential natural, cultural, and historic resources in the area
of a proposed project.
‘‘(2) PURPOSE.—The purpose of the checklist shall be to—
‘‘(A) identify agencies of jurisdiction and cooperating
agencies;
‘‘(B) develop the information needed for the purpose
and need and alternatives for analysis; and
‘‘(C) improve interagency collaboration to help expedite
the permitting process for the lead agency and agencies
of jurisdiction.
‘‘(d) INTERAGENCY COLLABORATION.—
‘‘(1) IN GENERAL.—Consistent with Federal environmental
statutes, the Secretary of Transportation shall facilitate annual
interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management.
‘‘(2) PURPOSE OF COLLABORATION SESSIONS.—The interagency collaboration sessions shall ensure that agency staff
is—
‘‘(A) fully engaged;
‘‘(B) utilizing the flexibility of existing regulations, policies, and guidance; and
‘‘(C) identifying additional actions to facilitate high
quality, efficient, and targeted environmental reviews and
permitting decisions.

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129 STAT. 1402

49 USC
prec. 301.

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The interagency
collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to—
‘‘(A) work with State and local transportation entities
to improve project planning, siting, and application quality;
and
‘‘(B) consult and coordinate with relevant stakeholders
and Federal, tribal, State, and local representatives early
in permitting processes.
‘‘(4) CONSULTATION.—The interagency collaboration sessions shall include a consultation with groups or individuals
representing State, tribal, and local governments that are
engaged in the infrastructure permitting process.
‘‘(e) PERFORMANCE MEASUREMENT.—Not later than 1 year after
the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning
Federal reviews and reducing permitting and project delivery time
as outlined in this section.
‘‘(f) REPORTS.—
‘‘(1) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this section and biennially thereafter,
the Secretary of Transportation shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes—
‘‘(A) progress in aligning Federal environmental
reviews under this section; and
‘‘(B) the impact this section has had on accelerating
the environmental review and permitting process.
‘‘(2) INSPECTOR GENERAL REPORT.—Not later than 3 years
after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
‘‘(A) progress in aligning Federal environmental
reviews under this section; and
‘‘(B) the impact this section has had on accelerating
the environmental review and permitting process.
‘‘(g) SAVINGS PROVISION.—This section shall not apply to any
project subject to section 139 of title 23.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of
title 49, United States Code, is amended by inserting after the
item relating to section 309 the following:
‘‘310. Aligning Federal environmental reviews.’’.

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SEC. 1314. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE.

(a) ADJUSTMENT FOR INFLATION.—Section 1317 of MAP–21 (23
U.S.C. 109 note; Public Law 112–141) is amended—
(1) in paragraph (1)(A) by inserting ‘‘(as adjusted annually
by the Secretary to reflect any increases in the Consumer
Price Index prepared by the Department of Labor)’’ after
‘‘$5,000,000’’; and
(2) in paragraph (1)(B) by inserting ‘‘(as adjusted annually
by the Secretary to reflect any increases in the Consumer

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1403

Price Index prepared by the Department of Labor)’’ after
‘‘$30,000,000’’.
(b) RETROACTIVE APPLICATION.—The first adjustment made
pursuant to the amendments made by subsection (a) shall—
(1) be carried out not later than 60 days after the date
of enactment of this Act; and
(2) reflect the increase in the Consumer Price Index since
July 1, 2012.

23 USC 109 note.

SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE.

(a) IN GENERAL.—Section 1318 of MAP–21 (23 U.S.C. 109 note;
Public Law 112–141) is amended by adding at the end the following:
‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.—
‘‘(1) IN GENERAL.—The Secretary shall develop a template
programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code
of Federal Regulations (as in effect on the date of enactment
of this subsection).
‘‘(2) USE OF TEMPLATE.—The Secretary—
‘‘(A) on receipt of a request from a State, shall use
the template programmatic agreement developed under
paragraph (1) in carrying out this section; and
‘‘(B) on consent of the applicable State, may modify
the template as necessary to address the unique needs
and characteristics of the State.
‘‘(3) OUTCOME MEASUREMENTS.—The Secretary shall establish a method to verify that actions described in section
771.117(c) of title 23, Code of Federal Regulations (as in effect
on the date of enactment of this subsection), are evaluated
and documented in a consistent manner by the State that
uses the template programmatic agreement under this subsection.’’.
(b) CATEGORICAL EXCLUSION DETERMINATIONS.—Not later than
30 days after the date of enactment of this Act, the Secretary
shall revise section 771.117(g) of title 23, Code of Federal Regulations, to allow a programmatic agreement under this section to
include responsibility for making categorical exclusion determinations—
(1) for actions described in subsections (c) and (d) of section
771.117 of title 23, Code of Federal Regulations; and
(2) that meet the criteria for a categorical exclusion under
section 1508.4 of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act), and are identified
in the programmatic agreement.

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SEC. 1316. ASSUMPTION OF AUTHORITIES.

23 USC 109 note.

23 USC 106 note.

(a) IN GENERAL.—The Secretary shall use the authority under
section 106(c) of title 23, United States Code, to the maximum
extent practicable, to allow a State to assume the responsibilities
of the Secretary for project design, plans, specifications, estimates,
contract awards, and inspection of projects, on both a project-specific
and programmatic basis.
(b) SUBMISSION OF RECOMMENDATIONS.—Not later than 18
months after the date of enactment of this Act, the Secretary,
in cooperation with the States, shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of

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129 STAT. 1404

PUBLIC LAW 114–94—DEC. 4, 2015

the Senate recommendations for legislation to permit the assumption of additional authorities by States, including with respect to
real estate acquisition and project design.
SEC.

1317.

MODERNIZATION
PROCESS.

OF

THE

ENVIRONMENTAL

REVIEW

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall examine ways to modernize, simplify, and improve the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the
Department.
(b) INCLUSIONS.—In carrying out subsection (a), the Secretary
shall consider—
(1) the use of technology in the process, such as—
(A) searchable databases;
(B) geographic information system mapping tools;
(C) integration of those tools with fiscal management
systems to provide more detailed data; and
(D) other innovative technologies;
(2) ways to prioritize use of programmatic environmental
impact statements;
(3) methods to encourage cooperating agencies to present
analyses in a concise format; and
(4) any other improvements that can be made to modernize
process implementation.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate
a report describing the results of the review carried out under
subsection (a).

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SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT
DELIVERY.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall assess the progress made under this Act, MAP–21 (Public
Law 112–141), and SAFETEA–LU (Public Law 109–59), including
the amendments made by those Acts, to accelerate the delivery
of Federal-aid highway and highway safety construction projects
and public transportation capital projects by streamlining the
environmental review and permitting process.
(b) CONTENTS.—The assessment required under subsection (a)
shall evaluate—
(1) how often the various streamlining provisions have
been used;
(2) which of the streamlining provisions have had the
greatest impact on streamlining the environmental review and
permitting process;
(3) what, if any, impact streamlining of the process has
had on environmental protection;
(4) how, and the extent to which, streamlining provisions
have improved and accelerated the process for permitting under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), and other applicable Federal laws;
(5) what impact actions by the Council on Environmental
Quality have had on accelerating Federal-aid highway and

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129 STAT. 1405

highway safety construction projects and public transportation
capital projects;
(6) the number and percentage of projects that proceed
under a traditional environmental assessment or environmental
impact statement, and the number and percentage of projects
that proceed under categorical exclusions;
(7) the extent to which the environmental review and
permitting process remains a significant source of project delay
and the sources of delays; and
(8) the costs of conducting environmental reviews and
issuing permits or licenses for a project, including the cost
of contractors and dedicated agency staff.
(c) RECOMMENDATIONS.—The assessment required under subsection (a) shall include recommendations with respect to—
(1) additional opportunities for streamlining the environmental review process, including regulatory or statutory
changes to accelerate the processes of Federal agencies (other
than the Department) with responsibility for reviewing Federalaid highway and highway safety construction projects and
public transportation capital projects without negatively
impacting the environment; and
(2) best practices of other Federal agencies that should
be considered for adoption by the Department.
(d) REPORT TO CONGRESS.—The Comptroller General of the
United States shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report
containing the assessment and recommendations required under
this section.

Subtitle D—Miscellaneous
SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED
TRAFFIC ENFORCEMENT.

(a) PROHIBITION.—Except as provided in subsection (b), for fiscal
years 2016 through 2020, funds apportioned to a State under section
104(b)(3) of title 23, United States Code, may not be used to purchase, operate, or maintain an automated traffic enforcement
system.
(b) EXCEPTION.—Subsection (a) does not apply to an automated
traffic enforcement system located in a school zone.
(c) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM DEFINED.—In
this section, the term ‘‘automated traffic enforcement system’’ means
any camera that captures an image of a vehicle for the purposes
of traffic law enforcement.

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SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.

(a) IN GENERAL.—Section 104 of title 23, United States Code,
is amended by striking subsection (g) and inserting the following:
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY REPORTS.—
‘‘(1) COMPILATION OF DATA.—Not later than 180 days after
the date of enactment of the FAST Act, the Secretary shall
compile data in accordance with this subsection on the use
of Federal-aid highway funds made available under this title.

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129 STAT. 1406

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) REQUIREMENTS.—The Secretary shall ensure that the
reports required under this subsection are made available in
a user-friendly manner on the public Internet website of the
Department of Transportation and can be searched and
downloaded by users of the website.
‘‘(3) CONTENTS OF REPORTS.—
‘‘(A) APPORTIONED AND ALLOCATED PROGRAMS.—On a
semiannual basis, the Secretary shall make available a
report on funding apportioned and allocated to the States
under this title that describes—
‘‘(i) the amount of funding obligated by each State,
year-to-date, for the current fiscal year;
‘‘(ii) the amount of funds remaining available for
obligation by each State;
‘‘(iii) changes in the obligated, unexpended balance
for each State, year-to-date, during the current fiscal
year, including the obligated, unexpended balance at
the end of the preceding fiscal year and current fiscal
year expenditures;
‘‘(iv) the amount and program category of unobligated funding, year-to-date, available for expenditure
at the discretion of the Secretary;
‘‘(v) the rates of obligation on and off the National
Highway System, year-to-date, for the current fiscal
year of funds apportioned, allocated, or set aside under
this section, according to—
‘‘(I) program;
‘‘(II) funding category or subcategory;
‘‘(III) type of improvement;
‘‘(IV) State; and
‘‘(V) sub-State geographical area, including
urbanized and rural areas, on the basis of the
population of each such area; and
‘‘(vi) the amount of funds transferred by each State,
year-to-date, for the current fiscal year between programs under section 126.
‘‘(B) PROJECT DATA.—On an annual basis, the Secretary
shall make available a report that provides, for any project
funded under this title (excluding projects for which funds
are transferred to agencies other than the Federal Highway
Administration) with an estimated total cost as of the
start of construction greater than $25,000,000, and to the
maximum extent practicable, other projects funded under
this title, project data describing—
‘‘(i) the specific location of the project;
‘‘(ii) the total cost of the project;
‘‘(iii) the amount of Federal funding obligated for
the project;
‘‘(iv) the program or programs from which Federal
funds have been obligated for the project;
‘‘(v) the type of improvement being made, such
as categorizing the project as—
‘‘(I) a road reconstruction project;
‘‘(II) a new road construction project;
‘‘(III) a new bridge construction project;
‘‘(IV) a bridge rehabilitation project; or
‘‘(V) a bridge replacement project;

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‘‘(vi) the ownership of the highway or bridge;
‘‘(vii) whether the project is located in an area
of the State with a population of—
‘‘(I) less than 5,000 individuals;
‘‘(II) 5,000 or more individuals but less than
50,000 individuals;
‘‘(III) 50,000 or more individuals but less than
200,000 individuals; or
‘‘(IV) 200,000 or more individuals; and
‘‘(viii) available information on the estimated cost
of the project as of the start of project construction,
or the revised cost estimate based on a description
of revisions to the scope of work or other factors
affecting project cost other than cost overruns.’’.
(b) CONFORMING AMENDMENT.—Section 1503 of MAP–21 (23
U.S.C. 104 note; Public Law 112–141) is amended by striking subsection (c).
SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 104 the following:
‘‘§ 105. Additional deposits into Highway Trust Fund
‘‘(a) IN GENERAL.—If monies are deposited into the Highway
Account or Mass Transit Account pursuant to a law enacted subsequent to the date of enactment of the FAST Act, the Secretary
shall make available additional amounts of contract authority under
subsections (b) and (c).
‘‘(b) AMOUNT OF ADJUSTMENT.—If monies are deposited into
the Highway Account or the Mass Transit Account as described
in subsection (a), on October 1 of the fiscal year following the
deposit of such monies, the Secretary shall—
‘‘(1) make available for programs authorized from such
account for such fiscal year a total amount equal to—
‘‘(A) the amount otherwise authorized to be appropriated for such programs for such fiscal year; plus
‘‘(B) an amount equal to such monies deposited into
such account during the previous fiscal year as described
in subsection (a); and
‘‘(2) distribute the additional amount under paragraph
(1)(B) to each of such programs in accordance with subsection
(c).
‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG PROGRAMS.—
‘‘(1) IN GENERAL.—In making an adjustment for programs
authorized to be appropriated from the Highway Account or
the Mass Transit Account for a fiscal year under subsection
(b), the Secretary shall—
‘‘(A) determine the ratio that—
‘‘(i) the amount authorized to be appropriated for
a program from the account for the fiscal year; bears
to
‘‘(ii) the total amount authorized to be appropriated
for such fiscal year for all programs under such
account;
‘‘(B) multiply the ratio determined under subparagraph
(A) by the amount of the adjustment determined under
subsection (b)(1)(B); and

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‘‘(C) adjust the amount that the Secretary would otherwise have allocated for the program for such fiscal year
by the amount calculated under subparagraph (B).
‘‘(2) FORMULA PROGRAMS.—For a program for which funds
are distributed by formula, the Secretary shall add the adjustment to the amount authorized for the program but for this
section and make available the adjusted program amount for
such program in accordance with such formula.
‘‘(3) AVAILABILITY FOR OBLIGATION.—Adjusted amounts
under this subsection shall be available for obligation and
administered in the same manner as other amounts made
available for the program for which the amount is adjusted.
‘‘(d) EXCLUSION OF EMERGENCY RELIEF PROGRAM AND COVERED
ADMINISTRATIVE EXPENSES.—The Secretary shall exclude the emergency relief program under section 125 and covered administrative
expenses from an adjustment of funding under subsection (c)(1).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated from the appropriate account or accounts of
the Highway Trust Fund an amount equal to the amount of an
adjustment for a fiscal year under subsection (b) for any of fiscal
years 2017 through 2020.
‘‘(f) REVISION TO OBLIGATION LIMITATIONS.—
‘‘(1) IN GENERAL.—If the Secretary makes an adjustment
under subsection (b) for a fiscal year to an amount subject
to a limitation on obligations imposed by section 1102 or 3018
of the FAST Act—
‘‘(A) such limitation on obligations for such fiscal year
shall be revised by an amount equal to such adjustment;
and
‘‘(B) the Secretary shall distribute such limitation on
obligations, as revised under subparagraph (A), in accordance with such sections.
‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE EXPENSES.—
The Secretary shall exclude covered administrative expenses
from—
‘‘(A) any calculation relating to a revision of a limitation
on obligations under paragraph (1)(A); and
‘‘(B) any distribution of a revised limitation on obligations under paragraph (1)(B).
‘‘(g) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COVERED ADMINISTRATIVE EXPENSES.—The term ‘covered administrative expenses’ means the administrative
expenses of—
‘‘(A) the Federal Highway Administration, as authorized under section 104(a);
‘‘(B) the National Highway Traffic Safety Administration, as authorized under section 4001(a)(6) of the FAST
Act; and
‘‘(C) the Federal Motor Carrier Safety Administration,
as authorized under section 31110 of title 49.
‘‘(2) HIGHWAY ACCOUNT.—The term ‘Highway Account’
means the portion of the Highway Trust Fund that is not
the Mass Transit Account.
‘‘(3) MASS TRANSIT ACCOUNT.—The term ‘Mass Transit
Account’ means the Mass Transit Account of the Highway

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129 STAT. 1409

Trust Fund established under section 9503(e)(1) of the Internal
Revenue Code of 1986.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by inserting after the item relating to section 104 the
following:

23 USC
prec. 101.

‘‘105. Additional deposits into Highway Trust Fund.’’.

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SEC. 1404. DESIGN STANDARDS.

(a) IN GENERAL.—Section 109 of title 23, United States Code,
is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A) by
striking ‘‘may take into account’’ and inserting ‘‘shall
consider’’;
(ii) in subparagraph (B) by striking ‘‘and’’ at the
end;
(iii) by redesignating subparagraph (C) as subparagraph (D); and
(iv) by inserting after subparagraph (B) the following:
‘‘(C) cost savings by utilizing flexibility that exists in
current design guidance and regulations; and’’; and
(B) in paragraph (2)—
(i) in subparagraph (C) by striking ‘‘and’’ at the
end;
(ii) by redesignating subparagraph (D) as subparagraph (F); and
(iii) by inserting after subparagraph (C) the following:
‘‘(D) the publication entitled ‘Highway Safety Manual’
of the American Association of State Highway and
Transportation Officials;
‘‘(E) the publication entitled ‘Urban Street Design
Guide’ of the National Association of City Transportation
Officials; and’’; and
(2) in subsection (f) by inserting ‘‘pedestrian walkways,’’
after ‘‘bikeways,’’.
(b) DESIGN STANDARD FLEXIBILITY.—Notwithstanding section
109(o) of title 23, United States Code, a State may allow a local
jurisdiction to use a roadway design publication that is different
from the roadway design publication used by the State in which
the local jurisdiction is located for the design of a project on a
roadway under the ownership of the local jurisdiction (other than
a highway on the Interstate System) if—
(1) the local jurisdiction is a direct recipient of Federal
funds for the project;
(2) the roadway design publication—
(A) is recognized by the Federal Highway Administration; and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal
laws.

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SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
INTERSTATE SYSTEM.

Section 111(e) of title 23, United States Code, is amended
by inserting ‘‘(including new or modified freeway-to-crossroad interchanges inside a transportation management area)’’ after ‘‘the Interstate System’’.
SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT.

(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—Section 119
of title 23, United States Code, is amended—
(1) in subsection (e)(7), by striking ‘‘for 2 consecutive reports
submitted under this paragraph shall include in the next report
submitted’’ and inserting ‘‘shall include as part of the performance target report under section 150(e)’’; and
(2) in subsection (f)(1)(A) in the matter preceding clause
(i) by striking ‘‘If, during 2 consecutive reporting periods, the
condition of the Interstate System, excluding bridges on the
Interstate System, in a State falls’’ and inserting ‘‘If a State
reports that the condition of the Interstate System, excluding
bridges on the Interstate System, has fallen’’.
(b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—Section 148(i)
of title 23, United States Code, is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘performance targets of the State established under section
150(d) by the date that is 2 years after the date of the establishment of the performance targets’’ and inserting ‘‘safety performance targets of the State established under section 150(d)’’;
and
(2) in paragraphs (1) and (2), by inserting ‘‘safety’’ before
‘‘performance targets’’ each place it appears.
SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.

(a) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—Section
119(d)(2)(L) of title 23, United States Code, is amended by inserting
‘‘, including the installation of vehicle-to-infrastructure communication equipment’’ after ‘‘capital improvements’’.
(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Section 133(b)(1)(D) of title 23, United States Code, is amended by
inserting ‘‘, including the installation of vehicle-to-infrastructure
communication equipment’’ after ‘‘capital improvements’’.

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SEC. 1408. FEDERAL SHARE PAYABLE.

(a) INNOVATIVE PROJECT DELIVERY METHODS.—Section 120(c)(3)
of title 23, United States Code, is amended—
(1) in subparagraph (A)(ii)—
(A) by inserting ‘‘engineering or design approaches,’’
after ‘‘technologies,’’; and
(B) by inserting ‘‘or project delivery’’ after ‘‘or contracting’’;
(2) in subparagraph (B)—
(A) in clause (iii) by inserting ‘‘and alternative bidding’’
before the semicolon at the end;
(B) in clause (iv) by striking ‘‘or’’ at the end;
(C) by redesignating clause (v) as clause (vi); and
(D) by inserting after clause (iv) the following:
‘‘(v) innovative pavement materials that have a
demonstrated life cycle of 75 or more years, are manufactured with reduced greenhouse gas emissions, and

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reduce construction-related congestion by rapidly
curing; or’’; and
(b) EMERGENCY RELIEF.—Section 120(e)(2) of title 23, United
States Code, is amended by striking ‘‘Federal land access transportation facilities’’ and inserting ‘‘other Federally owned roads that
are open to public travel’’.
SEC. 1409. MILK PRODUCTS.

Section 127(a) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(13) MILK PRODUCTS.—A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled
or divided.’’.

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SEC. 1410. INTERSTATE WEIGHT LIMITS.

Section 127 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(m) COVERED HEAVY-DUTY TOW AND RECOVERY VEHICLES.—
‘‘(1) IN GENERAL.—The vehicle weight limitations set forth
in this section do not apply to a covered heavy-duty tow and
recovery vehicle.
‘‘(2) COVERED HEAVY-DUTY TOW AND RECOVERY VEHICLE
DEFINED.—In this subsection, the term ‘covered heavy-duty tow
and recovery vehicle’ means a vehicle that—
‘‘(A) is transporting a disabled vehicle from the place
where the vehicle became disabled to the nearest appropriate repair facility; and
‘‘(B) has a gross vehicle weight that is equal to or
exceeds the gross vehicle weight of the disabled vehicle
being transported.
‘‘(n) OPERATION OF VEHICLES ON CERTAIN HIGHWAYS IN THE
STATE OF TEXAS.—If any segment in the State of Texas of United
States Route 59, United States Route 77, United States Route
281, United States Route 84, Texas State Highway 44, or another
roadway is designated as Interstate Route 69, a vehicle that could
operate legally on that segment before the date of the designation
may continue to operate on that segment, without regard to any
requirement under this section.
‘‘(o) CERTAIN LOGGING VEHICLES IN THE STATE OF WISCONSIN.—
‘‘(1) IN GENERAL.—The Secretary shall waive, with respect
to a covered logging vehicle, the application of any vehicle
weight limit established under this section.
‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In this subsection, the term ‘covered logging vehicle’ means a vehicle
that—
‘‘(A) is transporting raw or unfinished forest products,
including logs, pulpwood, biomass, or wood chips;
‘‘(B) has a gross vehicle weight of not more than 98,000
pounds;
‘‘(C) has not less than 6 axles; and
‘‘(D) is operating on a segment of Interstate Route
39 in the State of Wisconsin from mile marker 175.8 to
mile marker 189.
‘‘(p) OPERATION OF CERTAIN SPECIALIZED VEHICLES ON CERTAIN
HIGHWAYS IN THE STATE OF ARKANSAS.—If any segment of United
States Route 63 between the exits for highways 14 and 75 in
the State of Arkansas is designated as part of the Interstate System,
the single axle weight, tandem axle weight, gross vehicle weight,

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and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 shall not apply to that
segment with respect to the operation of any vehicle that could
operate legally on that segment before the date of the designation.
‘‘(q) CERTAIN LOGGING VEHICLES IN THE STATE OF MINNESOTA.—
‘‘(1) IN GENERAL.—The Secretary shall waive, with respect
to a covered logging vehicle, the application of any vehicle
weight limit established under this section.
‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In this subsection, the term ‘covered logging vehicle’ means a vehicle
that—
‘‘(A) is transporting raw or unfinished forest products,
including logs, pulpwood, biomass, or wood chips;
‘‘(B) has a gross vehicle weight of not more than 99,000
pounds;
‘‘(C) has not less than 6 axles; and
‘‘(D) is operating on a segment of Interstate Route
35 in the State of Minnesota from mile marker 235.4 to
mile marker 259.552.
‘‘(r) EMERGENCY VEHICLES.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (a), a State
shall not enforce against an emergency vehicle a vehicle weight
limit (up to a maximum gross vehicle weight of 86,000 pounds)
of less than—
‘‘(A) 24,000 pounds on a single steering axle;
‘‘(B) 33,500 pounds on a single drive axle;
‘‘(C) 62,000 pounds on a tandem axle; or
‘‘(D) 52,000 pounds on a tandem rear drive steer axle.
‘‘(2) EMERGENCY VEHICLE DEFINED.—In this subsection, the
term ‘emergency vehicle’ means a vehicle designed to be used
under emergency conditions—
‘‘(A) to transport personnel and equipment; and
‘‘(B) to support the suppression of fires and mitigation
of other hazardous situations.
‘‘(s) NATURAL GAS VEHICLES.—A vehicle, if operated by an
engine fueled primarily by natural gas, may exceed any vehicle
weight limit (up to a maximum gross vehicle weight of 82,000
pounds) under this section by an amount that is equal to the
difference between—
‘‘(1) the weight of the vehicle attributable to the natural
gas tank and fueling system carried by that vehicle; and
‘‘(2) the weight of a comparable diesel tank and fueling
system.’’.

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SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION
AND REHABILITATION.

(a) TOLLING.—Section 129(a) of title 23, United States Code,
is amended—
(1) in paragraph (3)(A), in the matter preceding clause
(i)—
(A) by striking ‘‘shall use’’ and inserting ‘‘shall ensure
that’’; and
(B) by inserting ‘‘are used’’ before ‘‘only for’’;
(2) by striking paragraph (4) and redesignating paragraphs
(5) through (9) as paragraphs (4) through (8), respectively;
and

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(3) in subparagraph (B) of paragraph (4) (as so redesignated) by striking ‘‘Federal-aid system’’ and inserting ‘‘Federalaid highways’’;
(4) by inserting after paragraph (8) (as so redesignated)—
‘‘(9) EQUAL ACCESS FOR OVER-THE-ROAD BUSES.—An overthe-road bus that serves the public shall be provided access
to a toll facility under the same rates, terms, and conditions
as public transportation buses.’’; and
(5) in paragraph (10)—
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following:
‘‘(C) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’
has the meaning given the term in section 301 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12181).’’.
(b) HOV FACILITIES.—Section 166 of title 23, United States
Code, is amended—
(1) by striking ‘‘the agency’’ each place it appears and
inserting ‘‘the authority’’;
(2) in subsection (a)(1)—
(A) by striking the paragraph heading and inserting
‘‘AUTHORITY OF PUBLIC AUTHORITIES’’; and
(B) by striking ‘‘State agency’’ and inserting ‘‘public
authority’’;
(3) in subsection (b)—
(A) by striking ‘‘State agency’’ each place it appears
and inserting ‘‘public authority’’;
(B) in paragraph (3)—
(i) in subparagraph (A) by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B) by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) provides equal access under the same rates, terms,
and conditions for all public transportation vehicles and
over-the-road buses serving the public.’’;
(C) in paragraph (4)(C)—
(i) in clause (i) by striking ‘‘and’’ at the end;
(ii) in clause (ii) by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(iii) ensure that over-the-road buses serving the
public are provided access to the facility under the
same rates, terms, and conditions as public transportation buses.’’; and
(D) in paragraph (5)—
(i) by striking subparagraph (A) and inserting the
following:
‘‘(A) SPECIAL RULE.—Before September 30, 2025, if a
public authority establishes procedures for enforcing the
restrictions on the use of a HOV facility by vehicles
described in clauses (i) and (ii), the public authority may
allow the use of the HOV facility by—
‘‘(i) alternative fuel vehicles; and
‘‘(ii) any motor vehicle described in section
30D(d)(1) of the Internal Revenue Code of 1986.’’; and

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PUBLIC LAW 114–94—DEC. 4, 2015
(ii) in subparagraph (B) by striking ‘‘2017’’ and
inserting ‘‘2019’’;
(4) in subsection (c)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Notwithstanding section 301, tolls may
be charged under paragraphs (4) and (5) of subsection (b),
subject to the requirements of section 129.’’; and
(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
(5) in subsection (d)—
(A) by striking ‘‘State agency’’ each place it appears
and inserting ‘‘public authority’’;
(B) in paragraph (1)—
(i) by striking subparagraphs (D) and (E); and
(ii) by inserting after subparagraph (C) the following:
‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.—
‘‘(i) SUBMISSION OF PLAN.—Not later than 180 days
after the date on which a facility is degraded under
paragraph (2), the public authority with jurisdiction
over the facility shall submit to the Secretary for
approval a plan that details the actions the public
authority will take to make significant progress toward
bringing the facility into compliance with the minimum
average operating speed performance standard through
changes to the operation of the facility, including—
‘‘(I) increasing the occupancy requirement for
HOV lanes;
‘‘(II) varying the toll charged to vehicles
allowed under subsection (b) to reduce demand;
‘‘(III) discontinuing allowing non-HOV vehicles
to use HOV lanes under subsection (b); or
‘‘(IV) increasing the available capacity of the
HOV facility.
‘‘(ii) NOTICE OF APPROVAL OR DISAPPROVAL.—Not
later than 60 days after the date of receipt of a plan
under clause (i), the Secretary shall provide to the
public authority a written notice indicating whether
the Secretary has approved or disapproved the plan
based on a determination of whether the implementation of the plan will make significant progress toward
bringing the HOV facility into compliance with the
minimum average operating speed performance
standard.
‘‘(iii) ANNUAL PROGRESS UPDATES.—Until the date
on which the Secretary determines that the public
authority has brought the HOV facility into compliance
with this subsection, the public authority shall submit
annual updates that describe—
‘‘(I) the actions taken to bring the HOV facility
into compliance; and
‘‘(II) the progress made by those actions.
‘‘(E) COMPLIANCE.—If the public authority fails to bring
a facility into compliance under subparagraph (D), the Secretary shall subject the public authority to appropriate
program sanctions under section 1.36 of title 23, Code

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of Federal Regulations (or successor regulations), until the
performance is no longer degraded.
‘‘(F) WAIVER.—
‘‘(i) IN GENERAL.—Upon the request of a public
authority, the Secretary may waive the compliance
requirements of subparagraph (E), if the Secretary
determines that—
‘‘(I) the waiver is in the best interest of the
traveling public;
‘‘(II) the public authority is meeting the conditions under subparagraph (D); and
‘‘(III) the public authority has made a good
faith effort to improve the performance of the
facility.
‘‘(ii) CONDITION.—The Secretary may require, as
a condition of providing a waiver under this subparagraph, that a public authority take additional actions,
as determined by the Secretary, to maximize the operating speed performance of the facility, even if such
performance is below the level set under paragraph
(2).’’;
(6) in subsection (f)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘solely’’ before ‘‘operating’’;
(B) in paragraph (4)(B)(iii) by striking ‘‘State agency’’
and inserting ‘‘public authority’’;
(C) by striking paragraph (5);
(D) by redesignating paragraph (4) as paragraph (6);
and
(E) by inserting after paragraph (3) the following:
‘‘(4) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has
the meaning given the term in section 301 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12181).
‘‘(5) PUBLIC AUTHORITY.—The term ‘public authority’ as
used with respect to a HOV facility, means a State, interstate
compact of States, public entity designated by a State, or local
government having jurisdiction over the operation of the
facility.’’; and
(7) by adding at the end the following:
‘‘(g) CONSULTATION OF MPO.—If a HOV facility charging tolls
under paragraph (4) or (5) of subsection (b) is on the Interstate
System and located in a metropolitan planning area established
in accordance with section 134, the public authority shall consult
with the metropolitan planning organization for the area concerning
the placement and amount of tolls on the facility.’’.
(c) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION
PILOT PROGRAM.—Section 1216(b) of the Transportation Equity Act
for the 21st Century (Public Law 105–178) is amended—
(1) in paragraph (4)—
(A) in subparagraph (D) by striking ‘‘and’’ at the end;
(B) in subparagraph (E) by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(F) the State has the authority required for the project
to proceed.’’;
(2) by redesignating paragraphs (6) through (8) as paragraphs (8) through (10), respectively; and

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(3) by inserting after paragraph (5) the following:
‘‘(6) REQUIREMENTS FOR PROJECT COMPLETION.—
‘‘(A) GENERAL TERM FOR EXPIRATION OF PROVISIONAL
APPLICATION.—An application provisionally approved by the
Secretary under this subsection shall expire 3 years after
the date on which the application was provisionally
approved if the State has not—
‘‘(i) submitted a complete application to the Secretary that fully satisfies the eligibility criteria under
paragraph (3) and the selection criteria under paragraph (4);
‘‘(ii) completed the environmental review and
permitting process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
pilot project; and
‘‘(iii) executed a toll agreement with the Secretary.
‘‘(B) EXCEPTIONS TO EXPIRATION.—Notwithstanding
subparagraph (A), the Secretary may extend the provisional
approval for not more than 1 additional year if the State
demonstrates material progress toward implementation of
the project as evidenced by—
‘‘(i) substantial progress in completing the environmental review and permitting process for the pilot
project under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
‘‘(ii) funding and financing commitments for the
pilot project;
‘‘(iii) expressions of support for the pilot project
from State and local governments, community
interests, and the public; and
‘‘(iv) submission of a facility management plan
pursuant to paragraph (3)(D).
‘‘(C) CONDITIONS FOR PREVIOUSLY PROVISIONALLY
APPROVED APPLICATIONS.—A State with a provisionally
approved application for a pilot project as of the date of
enactment of the FAST Act shall have 1 year after that
date of enactment to meet the requirements of subparagraph (A) or receive an extension from the Secretary under
subparagraph (B), or the application will expire.
‘‘(7) DEFINITION.—In this subsection, the term ‘provisional
approval’ or ‘provisionally approved’ means the approval by
the Secretary of a partial application under this subsection,
including the reservation of a slot in the pilot program.’’.
(d) APPROVAL OF APPLICATIONS.—The Secretary may approve
an application submitted under section 1604(c) of SAFETEA–LU
(Public Law 109–59; 119 Stat. 1253) if the application, or any
part of the application, was submitted before the deadline specified
in section 1604(c)(8) of that Act.

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SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING
TRAINS.

Section 130(a) of title 23, United States Code, is amended
by striking ‘‘and the relocation of highways to eliminate grade
crossings’’ and inserting ‘‘the relocation of highways to eliminate
grade crossings, and projects at grade crossings to eliminate hazards
posed by blocked grade crossings due to idling trains’’.

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129 STAT. 1417

SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN,
PROPANE, AND NATURAL GAS FUELING CORRIDORS.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 150 the following:
‘‘§ 151. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the FAST Act, the Secretary shall designate national
electric vehicle charging and hydrogen, propane, and natural gas
fueling corridors that identify the near- and long-term need for,
and location of, electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, and natural
gas fueling infrastructure at strategic locations along major national
highways to improve the mobility of passenger and commercial
vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States.
‘‘(b) DESIGNATION OF CORRIDORS.—In designating the corridors
under subsection (a), the Secretary shall—
‘‘(1) solicit nominations from State and local officials for
facilities to be included in the corridors;
‘‘(2) incorporate existing electric vehicle charging, hydrogen
fueling, propane fueling, and natural gas fueling corridors designated by a State or group of States; and
‘‘(3) consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure.
‘‘(c) STAKEHOLDERS.—In designating corridors under subsection
(a), the Secretary shall involve, on a voluntary basis, stakeholders
that include—
‘‘(1) the heads of other Federal agencies;
‘‘(2) State and local officials;
‘‘(3) representatives of—
‘‘(A) energy utilities;
‘‘(B) the electric, fuel cell electric, propane, and natural
gas vehicle industries;
‘‘(C) the freight and shipping industry;
‘‘(D) clean technology firms;
‘‘(E) the hospitality industry;
‘‘(F) the restaurant industry;
‘‘(G) highway rest stop vendors; and
‘‘(H) industrial gas and hydrogen manufacturers; and
‘‘(4) such other stakeholders as the Secretary determines
to be necessary.
‘‘(d) REDESIGNATION.—Not later than 5 years after the date
of establishment of the corridors under subsection (a), and every
5 years thereafter, the Secretary shall update and redesignate
the corridors.
‘‘(e) REPORT.—During designation and redesignation of the corridors under this section, the Secretary shall issue a report that—
‘‘(1) identifies electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure,
and natural gas fueling infrastructure and standardization
needs for electricity providers, industrial gas providers, natural
gas providers, infrastructure providers, vehicle manufacturers,
electricity purchasers, and natural gas purchasers; and

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23 USC
prec. 101.

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(2) establishes an aspirational goal of achieving strategic
deployment of electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors by the end
of fiscal year 2020.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the
item relating to section 150 the following:
‘‘151. National electric vehicle charging and hydrogen, propane, and natural gas
fueling corridors.’’.

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42 USC 6364.

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(c) OPERATION OF BATTERY RECHARGING STATIONS IN PARKING
AREAS USED BY FEDERAL EMPLOYEES.—
(1) AUTHORIZATION.—
(A) IN GENERAL.—The Administrator of General Services may install, construct, operate, and maintain on a
reimbursable basis a battery recharging station (or allow,
on a reimbursable basis, the use of a 120-volt electrical
receptacle for battery recharging) in a parking area that
is in the custody, control, or administrative jurisdiction
of the General Services Administration for the use of only
privately owned vehicles of employees of the General Services Administration, tenant Federal agencies, and others
who are authorized to park in such area to the extent
such use by only privately owned vehicles does not interfere
with or impede access to the equipment by Federal fleet
vehicles.
(B) AREAS UNDER OTHER FEDERAL AGENCIES.—The
Administrator of General Services (on the request of a
Federal agency) or the head of a Federal agency may
install, construct, operate, and maintain on a reimbursable
basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for
battery recharging) in a parking area that is in the custody,
control, or administrative jurisdiction of the requesting
Federal agency, to the extent such use by only privately
owned vehicles does not interfere with or impede access
to the equipment by Federal fleet vehicles.
(C) USE OF VENDORS.—The Administrator of General
Services, with respect to subparagraph (A) or (B), or the
head of a Federal agency, with respect to subparagraph
(B), may carry out such subparagraph through a contract
with a vendor, under such terms and conditions (including
terms relating to the allocation between the Federal agency
and the vendor of the costs of carrying out the contract)
as the Administrator or the head of the Federal agency,
as the case may be, and the vendor may agree to.
(2) IMPOSITION OF FEES TO COVER COSTS.—
(A) FEES.—The Administrator of General Services or
the head of the Federal agency under paragraph (1)(B)
shall charge fees to the individuals who use the battery
recharging station in such amount as is necessary to ensure
that the respective agency recovers all of the costs such
agency incurs in installing, constructing, operating, and
maintaining the station.
(B) DEPOSIT AND AVAILABILITY OF FEES.—Any fees collected by the Administrator of General Services or the

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129 STAT. 1419

Federal agency, as the case may be, under this paragraph
shall be—
(i) deposited monthly in the Treasury to the credit
of the respective agency’s appropriations account for
the operations of the building where the battery recharging station is located; and
(ii) available for obligation without further appropriation during—
(I) the fiscal year collected; and
(II) the fiscal year following the fiscal year
collected.
(3) NO EFFECT ON EXISTING PROGRAMS FOR HOUSE AND
SENATE.—Nothing in this subsection affects the installation,
construction, operation, or maintenance of battery recharging
stations by the Architect of the Capitol—
(A) under Public Law 112–170 (2 U.S.C. 2171), relating
to employees of the House of Representatives and individuals authorized to park in any parking area under the
jurisdiction of the House of Representatives on the Capitol
Grounds; or
(B) under Public Law 112–167 (2 U.S.C. 2170), relating
to employees of the Senate and individuals authorized to
park in any parking area under the jurisdiction of the
Senate on the Capitol Grounds.
(4) NO EFFECT ON SIMILAR AUTHORITIES.—Nothing in this
subsection—
(A) repeals or limits any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations; or
(B) requires a Federal agency to seek reimbursement
for the costs of installing or constructing a battery recharging station—
(i) that has been installed or constructed prior
to the date of enactment of this Act;
(ii) that is installed or constructed for Federal
fleet vehicles, but that receives incidental use to
recharge privately owned vehicles; or
(iii) that is otherwise installed or constructed
pursuant to appropriations for that purpose.
(5) ANNUAL REPORT TO CONGRESS.—Not later than 2 years
after the date of enactment of this Act, and annually thereafter
for 10 years, the Administrator of General Services shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report describing—
(A) the number of battery recharging stations installed
by the Administrator on the Administrator’s own initiative
under this subsection;
(B) requests from other Federal agencies to install
battery recharging stations; and
(C) the status and disposition of requests from other
Federal agencies.
(6) FEDERAL AGENCY DEFINED.—In this subsection, the term
‘‘Federal agency’’ has the meaning given the term ‘‘Executive
agency’’ in section 105 of title 5, United States Code, and
includes—
(A) the United States Postal Service;

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PUBLIC LAW 114–94—DEC. 4, 2015
(B) the Executive Office of the President;
(C) the military departments (as defined in section
102 of title 5, United States Code); and
(D) the judicial branch.
(7) EFFECTIVE DATE.—This subsection shall apply with
respect to fiscal year 2016 and each succeeding fiscal year.

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SEC. 1414. REPEAT OFFENDER CRITERIA.

Section 164(a) of title 23, United States Code, is amended—
(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 sobriety program’ has the meaning given the term in section 405(d)(7)(A).’’;
(3) in paragraph (5), as redesignated—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or combination of laws or programs’’ after ‘‘State
law’’;
(B) by amending subparagraph (A) to read as follows:
‘‘(A) receive, for a period of not less than 1 year—
‘‘(i) a suspension of all driving privileges;
‘‘(ii) a restriction on driving privileges that limits
the individual to operating only motor vehicles with
an ignition interlock device installed, unless a special
exception applies;
‘‘(iii) a restriction on driving privileges that limits
the individual to operating motor vehicles only if
participating in, and complying with, a 24-7 sobriety
program; or
‘‘(iv) any combination of clauses (i) through (iii);’’;
(C) by striking subparagraph (B);
(D) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(E) in subparagraph (C), as redesignated—
(i) in clause (i)(II) by inserting before the semicolon
the following: ‘‘(unless the State certifies that the general practice is that such an individual will be incarcerated)’’; and
(ii) in clause (ii)(II) by inserting before the period
at the end the following: ‘‘(unless the State certifies
that the general practice is that such an individual
will receive 10 days of incarceration)’’; and
(4) by adding at the end the following:
‘‘(6) SPECIAL EXCEPTION.—The term ‘special exception’
means an exception under a State alcohol-ignition interlock
law for the following circumstances:
‘‘(A) The individual is required to operate an employer’s
motor vehicle in the course and scope of employment and
the business entity that owns the vehicle is not owned
or controlled by the individual.
‘‘(B) The individual is certified by a medical doctor
as being unable to provide a deep lung breath sample
for analysis by an ignition interlock device.’’.

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129 STAT. 1421

SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR HABITAT AND FORAGE ON TRANSPORTATION
RIGHTS-OF-WAY.

(a) IN GENERAL.—Section 319 of title 23, United States Code,
is amended—
(1) in subsection (a) by inserting ‘‘(including the enhancement of habitat and forage for pollinators)’’ before ‘‘adjacent’’;
and
(2) by adding at the end the following:
‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND FORAGE
DEVELOPMENT AND PROTECTION ON TRANSPORTATION RIGHTS-OFWAY.—In carrying out any program administered by the Secretary
under this title, the Secretary shall, in conjunction with willing
States, as appropriate—
‘‘(1) encourage integrated vegetation management practices
on roadsides and other transportation rights-of-way, including
reduced mowing; and
‘‘(2) encourage the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of
other pollinators.’’.
(b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY WAY STATIONS FOR MONARCH BUTTERFLIES, OTHER NATIVE POLLINATORS,
AND HONEY BEES.—Section 329(a)(1) of title 23, United States
Code, is amended by inserting ‘‘provision of habitat, forage, and
migratory way stations for Monarch butterflies, other native pollinators, and honey bees,’’ before ‘‘and aesthetic enhancement’’.

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SEC. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY
SYSTEM.

(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS ON NATIONAL
HIGHWAY SYSTEM.—Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat.
190; 119 Stat. 1213) is amended—
(1) by striking paragraph (13) and inserting the following:
‘‘(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City,
North Carolina, to Norfolk, Virginia.’’;
(2) in paragraph (18)(D)—
(A) in clause (ii) by striking ‘‘and’’ at the end;
(B) in clause (iii) by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iv) include Texas State Highway 44 from United
States Route 59 at Freer, Texas, to Texas State Highway 358.’’;
(3) by striking paragraph (68) and inserting the following:
‘‘(68) The Washoe County Corridor and the Intermountain
West Corridor, which shall generally follow—
‘‘(A) for the Washoe County Corridor, along Interstate
Route 580/United States Route 95/United States Route 95A
from Reno, Nevada, to Las Vegas, Nevada; and
‘‘(B) for the Intermountain West Corridor, from the
vicinity of Las Vegas, Nevada, north along United States
Route 95 terminating at Interstate Route 80.’’; and

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PUBLIC LAW 114–94—DEC. 4, 2015

(4) by adding at the end the following:
‘‘(81) United States Route 117/Interstate Route 795 from
United States Route 70 in Goldsboro, Wayne County, North
Carolina, to Interstate Route 40 west of Faison, Sampson
County, North Carolina.
‘‘(82) United States Route 70 from its intersection with
Interstate Route 40 in Garner, Wake County, North Carolina,
to the Port at Morehead City, Carteret County, North Carolina.
‘‘(83) The Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south
of the Tucson International Airport.
‘‘(84) The Central Texas Corridor commencing at the logical
terminus of Interstate Route 10, generally following portions
of United States Route 190 eastward, passing in the vicinity
Fort Hood, Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, and Woodville, to the logical terminus
of Texas Highway 63 at the Sabine River Bridge at Burrs
Crossing.
‘‘(85) Interstate Route 81 in New York from its intersection
with Interstate Route 86 to the United States-Canadian border.
‘‘(86) Interstate Route 70 from Denver, Colorado, to Salt
Lake City, Utah.
‘‘(87) The Oregon 99W Newberg-Dundee Bypass Route
between Newberg, Oregon, and Dayton, Oregon.
‘‘(88) Interstate Route 205 in Oregon from its intersection
with Interstate Route 5 to the Columbia River.’’.
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE
SYSTEM.—Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119
Stat. 1213) is amended in the first sentence—
(1) by inserting ‘‘subsection (c)(13),’’ after ‘‘subsection
(c)(9),’’;
(2) by striking ‘‘subsections (c)(18)’’ and all that follows
through ‘‘subsection (c)(36)’’ and inserting ‘‘subsection (c)(18),
subsection (c)(20), subparagraphs (A) and (B)(i) of subsection
(c)(26), subsection (c)(36)’’; and
(3) by striking ‘‘and subsection (c)(57)’’ and inserting ‘‘subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), subsection (c)(82), and subsection (c)(83)’’.
(c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the Intermodal
Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126
Stat. 427) is amended by striking the final sentence and inserting
the following: ‘‘The routes referred to in subparagraphs (A) and
(B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated
as Interstate Route I–11. The route referred to in subsection (c)(84)
is designated as Interstate Route I–14.’’.
(d) FUTURE INTERSTATE DESIGNATION.—Section 119(a) of the
SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1608)
is amended by striking ‘‘and, as a future Interstate Route 66 Spur,
the Natcher Parkway in Owensboro, Kentucky’’ and inserting
‘‘between Henderson, Kentucky, and Owensboro, Kentucky, and,
as a future Interstate Route 65 and 66 Spur, the William H.
Natcher Parkway between Bowling Green, Kentucky, and
Owensboro, Kentucky’’.

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129 STAT. 1423

SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING.

(a) IN GENERAL.—Section 1409 of SAFETEA–LU (23 U.S.C.
401 note) is amended—
(1) by striking the section heading and inserting ‘‘WORK
ZONE AND GUARD RAIL SAFETY TRAINING’’; and
(2) in subsection (b) by adding at the end the following:
‘‘(4) Development, updating, and delivery of training
courses on guard rail installation, maintenance, and inspection.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is amended by striking the item relating to section
1409 and inserting the following:
‘‘Sec. 1409. Work zone and guard rail safety training.’’.
SEC. 1418. CONSOLIDATION OF PROGRAMS.

Section 1519(a) of MAP–21 (126 Stat. 574) is amended by
striking ‘‘From administrative funds’’ and all that follows through
‘‘shall be made available’’ and inserting ‘‘For each of fiscal years
2016 through 2020, before making an apportionment under section
104(b)(3) of title 23, United States Code, the Secretary shall set
aside, from amounts made available to carry out the highway safety
improvement program under section 148 of such title for the fiscal
year, $3,500,000’’.
SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.

(a) FUNDAMENTAL PROPERTIES OF ASPHALTS REPORT.—Section
6016(e) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2183) is repealed.
(b) EXPRESS LANES DEMONSTRATION PROGRAM REPORTS.—Section 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed.

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SEC. 1420. FLEXIBILITY FOR PROJECTS.

23 USC 101 note.

(a) AUTHORITY.—With respect to projects eligible for funding
under title 23, United States Code, subject to subsection (b) and
on request by a State, the Secretary may—
(1) exercise all existing flexibilities under and exceptions
to—
(A) the requirements of title 23, United States Code;
and
(B) other requirements administered by the Secretary,
in whole or part; and
(2) otherwise provide additional flexibility or expedited
processing with respect to the requirements described in paragraph (1).
(b) MAINTAINING PROTECTIONS.—Nothing in this section—
(1) waives the requirements of section 113 or 138 of title
23, United States Code;
(2) supersedes, amends, or modifies—
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or any other Federal environmental
law; or
(B) any requirement of title 23 or title 49, United
States Code; or
(3) affects the responsibility of any Federal officer to comply
with or enforce any law or requirement described in this subsection.

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23 USC 101 note.

PUBLIC LAW 114–94—DEC. 4, 2015

SEC. 1421. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices
to facilitate productive, effective, and timely expenditure of funds
for projects eligible for funding under title 23, United States Code.
(b) IMPLEMENTATION.—The Secretary shall work with States
to ensure that any guidance developed under subsection (a) is
consistently implemented by States and the Federal Highway
Administration to—
(1) avoid unnecessary delays in completing projects;
(2) minimize cost overruns; and
(3) ensure the effective use of Federal funding.

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SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES.

(a) IN GENERAL.—Subject to subsection (c), the Administrator
of the Federal Highway Administration (referred to in this section
as the ‘‘Administrator’’) shall commission the Transportation
Research Board of the National Academy of Sciences to conduct
a study on the performance of bridges that received funding under
the innovative bridge research and construction program (referred
to in this section as the ‘‘program’’) under section 503(b) of title
23, United States Code (as in effect on the day before the date
of enactment of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144))
in meeting the goals of that program, which included—
(1) the development of new, cost-effective innovative material highway bridge applications;
(2) the reduction of maintenance costs and lifecycle costs
of bridges, including the costs of new construction, replacement,
or rehabilitation of deficient bridges;
(3) the development of construction techniques to increase
safety and reduce construction time and traffic congestion;
(4) the development of engineering design criteria for
innovative products and materials for use in highway bridges
and structures;
(5) the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad
traffic;
(6) the development of highway bridges and structures
that will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges; and
(7) the development of new nondestructive bridge evaluation technologies and techniques.
(b) CONTENTS.—The study commissioned under subsection (a)
shall include—
(1) an analysis of the performance of bridges that received
funding under the program in meeting the goals described
in paragraphs (1) through (7) of subsection (a);
(2) an analysis of the utility, compared to conventional
materials and technologies, of each of the innovative materials
and technologies used in projects for bridges under the program
in meeting the needs of the United States in 2015 and in
the future for a sustainable and low lifecycle cost transportation
system;
(3) recommendations to Congress on how the installed and
lifecycle costs of bridges could be reduced through the use

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129 STAT. 1425

of innovative materials and technologies, including, as appropriate, any changes in the design and construction of bridges
needed to maximize the cost reductions; and
(4) a summary of any additional research that may be
needed to further evaluate innovative approaches to reducing
the installed and lifecycle costs of highway bridges.
(c) PUBLIC COMMENT.—Before commissioning the study under
subsection (a), the Administrator shall provide an opportunity for
public comment on the study proposal.
(d) DATA FROM STATES.—Each State that received funds under
the program shall provide to the Transportation Research Board
any relevant data needed to carry out the study commissioned
under subsection (a).
(e) DEADLINE.—The Administrator shall submit to Congress
the study commissioned under subsection (a) not later than 3 years
after the date of enactment of this Act.
SEC. 1423. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES.

23 USC 137 note.

A State transportation agency may relinquish park-and-ride
lot facilities or portions of park-and-ride lot facilities to a local
government agency for highway purposes if authorized to do so
under State law if the agreement providing for the relinquishment
provides that—
(1) rights-of-way on the Interstate System will remain
available for future highway improvements; and
(2) modifications to the facilities that could impair the
highway or interfere with the free and safe flow of traffic
are subject to the approval of the Secretary.
SEC. 1424. PILOT PROGRAM.

23 USC 116 note.

(a) IN GENERAL.—The Administrator of the Federal Highway
Administration (referred to in this section as the ‘‘Administrator’’)
may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State.
(b) LIMITATION.—A pilot program established under subsection
(a) shall—
(1) terminate after not more than 4 years;
(2) include not more than 5 States; and
(3) be subject to guidelines published by the Administrator.
(c) REPORT.—If the Administrator establishes a pilot program
under subsection (a), the Administrator shall, not more than 1
year after the completion of the pilot program, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate a report on the results of the pilot program.
(d) SAVINGS PROVISION.—Nothing in this section may be construed to affect the requirements of section 111 of title 23, United
States Code.

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SEC. 1425. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS
SERVICE SIGNS.

23 USC 131 note.

Notwithstanding section 131 of title 23, United States Code,
and part 750 of title 23, Code of Federal Regulations (or successor
regulations), if a State notifies the Federal Highway Administration,
the State may allow the maintenance of a sign of a service club,
charitable association, or religious service organization—

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(1) that exists on the date of enactment of this Act (or
was removed in the 3-year period ending on such date of
enactment); and
(2) the area of which is less than or equal to 32 square
feet.

23 USC 101 note.

SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL.

The Secretary, acting through the Administrator of the Federal
Highway Administration, shall appoint a Motorcyclist Advisory
Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including—
(1) barrier design;
(2) road design, construction, and maintenance practices;
and
(3) the architecture and implementation of intelligent
transportation system technologies.
SEC. 1427. HIGHWAY WORK ZONES.

It is the sense of Congress that the Federal Highway Administration should—
(1) do all within its power to protect workers in highway
work zones; and
(2) move rapidly to finalize regulations, as directed in section 1405 of MAP–21 (126 Stat. 560), to protect the lives and
safety of construction workers in highway work zones from
vehicle intrusions.
23 USC 101 note.

SEC. 1428. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATERIALS AND PRACTICES.

To the extent practicable, the Secretary shall encourage the
use of durable, resilient, and sustainable materials and practices,
including the use of geosynthetic materials and other innovative
technologies, in carrying out the activities of the Federal Highway
Administration.

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SEC. 1429. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE DEVICES.

(a) STUDY.—The Secretary shall conduct a study on methods
for identifying roadside highway safety hardware devices to improve
the data collected on the devices, as necessary for in-service evaluation of the devices.
(b) CONTENTS.—In conducting the study under subsection (a),
the Secretary shall evaluate identification methods based on the
ability of the method—
(1) to convey information on the devices, including manufacturing date, factory of origin, product brand, and model;
(2) to withstand roadside conditions; and
(3) to connect to State and regional inventories of similar
devices.
(c) IDENTIFICATION METHODS.—The identification methods to
be studied under this section include stamped serial numbers, radiofrequency identification, and such other methods as the Secretary
determines appropriate.
(d) REPORT TO CONGRESS.—Not later than January 1, 2018,
the Secretary shall submit to Congress a report on the results
of the study under subsection (a).

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129 STAT. 1427

SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY.

It is the sense of Congress that the Department should utilize,
to the fullest and most economically feasible extent practicable,
modeling and simulation technology to analyze highway and public
transportation projects authorized by this Act to ensure that these
projects—
(1) will increase transportation capacity and safety,
alleviate congestion, and reduce travel time and environmental
impacts; and
(2) are as cost effective as practicable.

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SEC.

1431.

NATIONAL ADVISORY COMMITTEE
TOURISM INFRASTRUCTURE.

ON

TRAVEL

AND

49 USC 301 note.

(a) FINDINGS.—Congress finds that—
(1) 1 out of every 9 jobs in the United States depends
on travel and tourism, and the industry supports 15,000,000
jobs in the United States;
(2) the travel and tourism industry employs individuals
in all 50 States, the District of Columbia, and all of the territories of the United States;
(3) international travel to the United States is the single
largest export industry in the United States, generating a trade
surplus balance of approximately $74,000,000,000;
(4) travel and tourism provide significant economic benefits
to the United States by generating nearly $2,100,000,000,000
in annual economic output; and
(5) the United States intermodal transportation network
facilitates the large-scale movement of business and leisure
travelers, and is the most important asset of the travel industry.
(b) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an advisory
committee to be known as the National Advisory Committee on
Travel and Tourism Infrastructure (referred to in this section as
the ‘‘Committee’’) to provide information, advice, and recommendations to the Secretary on matters relating to the role of intermodal
transportation in facilitating mobility related to travel and tourism
activities.
(c) MEMBERSHIP.—The Committee shall—
(1) be composed of members appointed by the Secretary
for terms of not more than 3 years; and
(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism
industry, including representatives of—
(A) the travel and tourism industry, product and
service providers, and travel and tourism-related associations;
(B) travel, tourism, and destination marketing
organizations;
(C) the travel and tourism-related workforce;
(D) State tourism offices;
(E) State departments of transportation;
(F) regional and metropolitan planning organizations;
and
(G) local governments.
(d) ROLE OF COMMITTEE.—The Committee shall—
(1) advise the Secretary on current and emerging priorities,
issues, projects, and funding needs related to the use of the

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129 STAT. 1428

PUBLIC LAW 114–94—DEC. 4, 2015

intermodal transportation network of the United States to facilitate travel and tourism;
(2) serve as a forum for discussion for travel and tourism
stakeholders on transportation issues affecting interstate and
interregional mobility of passengers;
(3) promote the sharing of information between the private
and public sectors on transportation issues impacting travel
and tourism;
(4) gather information, develop technical advice, and make
recommendations to the Secretary on policies that improve
the condition and performance of an integrated national
transportation system that—
(A) is safe, economical, and efficient; and
(B) maximizes the benefits to the United States generated through the travel and tourism industry;
(5) identify critical transportation facilities and corridors
that facilitate and support the interstate and interregional
transportation of passengers for tourism, commercial, and recreational activities;
(6) provide for development of measures of condition, safety,
and performance for transportation related to travel and
tourism;
(7) provide for development of transportation investment,
data, and planning tools to assist Federal, State, and local
officials in making investment decisions relating to transportation projects that improve travel and tourism; and
(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and
recreational purposes, including by making legislative recommendations.
(e) NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.—Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the Committee,
State departments of transportation, and other appropriate public
and private transportation stakeholders, shall develop and post
on the public Internet website of the Department a national travel
and tourism infrastructure strategic plan that includes—
(1) an assessment of the condition and performance of
the national transportation network;
(2) an identification of the issues on the national transportation network that create significant congestion problems and
barriers to long-haul passenger travel and tourism;
(3) forecasts of long-haul passenger travel and tourism
volumes for the 20-year period beginning in the year during
which the plan is issued;
(4) an identification of the major transportation facilities
and corridors for current and forecasted long-haul travel and
tourism volumes, the identification of which shall be revised,
as appropriate, in subsequent plans;
(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved longhaul passenger travel performance (including opportunities for
overcoming the barriers);
(6) best practices for improving the performance of the
national transportation network; and
(7) strategies to improve intermodal connectivity for longhaul passenger travel and tourism.

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129 STAT. 1429

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SEC. 1432. EMERGENCY EXEMPTIONS.

23 USC 109 note.

(a) IN GENERAL.—Any road, highway, railway, bridge, or transit
facility that is damaged by an emergency that is declared by the
Governor of the State, with the concurrence of the Secretary of
Homeland Security, or declared as an emergency by the President
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), and that is in operation
or under construction on the date on which the emergency occurs
may be reconstructed in the same location with the same capacity,
dimensions, and design as before the emergency subject to the
exemptions and expedited procedures under subsection (b).
(b) EXEMPTIONS AND EXPEDITED PROCEDURES.—
(1) ALTERNATIVE ARRANGEMENTS.—Alternative arrangements for an emergency under section 1506.11 of title 40,
Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection
(a), and the reconstruction shall be considered necessary to
control the immediate impacts of the emergency.
(2) STORMWATER DISCHARGE PERMITS.—A general permit
for stormwater discharges from construction activities, if available, issued by the Administrator of the Environmental Protection Agency or the director of a State program under section
402(p) of the Federal Water Pollution Control Act (33 U.S.C.
1342(p)), as applicable, shall apply to reconstruction under
subsection (a), on submission of a notice of intent to be subject
to the permit.
(3) EMERGENCY PROCEDURES.—The emergency procedures
for issuing permits in accordance with section 325.2(e)(4) of
title 33, Code of Federal Regulations (as in effect on the date
of enactment of this Act) shall apply to reconstruction under
subsection (a), and the reconstruction shall be considered an
emergency under that regulation.
(4) NATIONAL HISTORIC PRESERVATION ACT EXEMPTION.—
Reconstruction under subsection (a) is eligible for an exemption
from the requirements of the National Historic Preservation
Act of 1966 pursuant to part 78 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(5) ENDANGERED SPECIES ACT EXEMPTION.—An exemption
from the requirements of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) pursuant to section 7(p) of that Act
(16 U.S.C. 1536(p)) shall apply to reconstruction under subsection (a) and, if the President makes the determination
required under section 7(p) of that Act, the determinations
required under subsections (g) and (h) of that section shall
be deemed to be made.
(6) EXPEDITED CONSULTATION UNDER ENDANGERED SPECIES
ACT.—Expedited consultation pursuant to section 402.05 of title
50, Code of Federal Regulations (as in effect on the date of
enactment of this Act) shall apply to reconstruction under subsection (a).
(7) OTHER EXEMPTIONS.—Any reconstruction that is exempt
under paragraph (5) shall also be exempt from requirements
under—
(A) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);

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129 STAT. 1430

PUBLIC LAW 114–94—DEC. 4, 2015
(B) the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.); and
(C) the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.).

23 USC 101 note.

SEC. 1433. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE
EXPENDITURES.

(a) INITIAL REPORT.—Not later than 150 days after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report describing the administrative expenses of the Federal Highway Administration funded from
the Highway Trust Fund during the 3 most recent fiscal years.
(b) UPDATES.—Not later than 5 years after the date on which
the report is submitted under subsection (a) and every 5 years
thereafter, the Comptroller General shall submit to Congress a
report that updates the information provided in the report under
that subsection for the preceding 5-year period.
(c) INCLUSIONS.—Each report submitted under subsection (a)
or (b) shall include a description of—
(1) the types of administrative expenses of programs and
offices funded by the Highway Trust Fund;
(2) the tracking and monitoring of administrative expenses;
(3) the controls in place to ensure that funding for administrative expenses is used as efficiently as practicable; and
(4) the flexibility of the Department to reallocate amounts
from the Highway Trust Fund between full-time equivalent
employees and other functions.
49 USC 308 note.

SEC. 1434. AVAILABILITY OF REPORTS.

(a) IN GENERAL.—The Secretary shall make available to the
public on the website of the Department any report required to
be submitted by the Secretary to Congress after the date of enactment of this Act.
(b) DEADLINE.—Each report described in subsection (a) shall
be made available on the website not later than 30 days after
the report is submitted to Congress.
SEC. 1435. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

Section 1528 of MAP–21 (40 U.S.C. 14501 note; Public Law
112–141) is amended—
(1) by striking ‘‘2021’’ each place it appears and inserting
‘‘2050’’; and
(2) by striking ‘‘shall be 100 percent’’ each place it appears
and inserting ‘‘shall be up to 100 percent, as determined by
the State’’.
SEC. 1436. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.

(a) HIGH-SPEED BROADBAND DEVELOPMENT INITIATIVE.—
(1) IN GENERAL.—Subchapter I of chapter 145 of subtitle
IV of title 40, United States Code, is amended by adding
at the end the following:

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40 USC 14509.

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‘‘§ 14509. High-speed broadband deployment initiative
‘‘(a) IN GENERAL.—The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts,
or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1431

‘‘(1) to increase affordable access to broadband networks
throughout the Appalachian region;
‘‘(2) to conduct research, analysis, and training to increase
broadband adoption efforts in the Appalachian region;
‘‘(3) to provide technology assets, including computers,
smartboards, and video projectors to educational systems
throughout the Appalachian region;
‘‘(4) to increase distance learning opportunities throughout
the Appalachian region;
‘‘(5) to increase the use of telehealth technologies in the
Appalachian region; and
‘‘(6) to promote e-commerce applications in the Appalachian
region.
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any
activity eligible for a grant under this section—
‘‘(1) not more than 50 percent may be provided from
amounts appropriated to carry out this section; and
‘‘(2) notwithstanding paragraph (1)—
‘‘(A) in the case of a project to be carried out in a
county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may
be provided from amounts appropriated to carry out this
section; and
‘‘(B) in the case of a project to be carried out in a
county for which an at-risk designation is in effect under
section 14526, not more than 70 percent may be provided
from amounts appropriated to carry out this section.
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), a grant
provided under this section may be provided from amounts made
available to carry out this section in combination with amounts
made available—
‘‘(1) under any other Federal program; or
‘‘(2) from any other source.
‘‘(d) FEDERAL SHARE.—Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
145 of title 40, United States Code, is amended by inserting
after the item relating to section 14508 the following:

40 USC
prec. 14501.

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‘‘14509. High-speed broadband deployment initiative.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title
40, United States Code, is amended—
(1) in subsection (a)(5), by striking ‘‘fiscal year 2012’’ and
inserting ‘‘each of fiscal years 2012 through 2020’’;
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.—Of the
amounts made available under subsection (a), $10,000,000 may
be used to carry out section 14509 for each of fiscal years 2016
through 2020.’’.
(c) TERMINATION.—Section 14704 of title 40, United States
Code, is amended by striking ‘‘2012’’ and inserting ‘‘2020’’.

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129 STAT. 1432

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40 USC 14509
note.

(d) EFFECTIVE DATE.—This section and the amendments made
by this section take effect on October 1, 2015.

23 USC 101 note.

SEC. 1437. BORDER STATE INFRASTRUCTURE.

(a) IN GENERAL.—After consultation with relevant transportation planning organizations, the Governor of a State that shares
a land border with Canada or Mexico may designate for each
fiscal year not more than 5 percent of the funds made available
to the State under section 133(d)(1)(B) of title 23, United States
Code, for border infrastructure projects eligible under section 1303
of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207).
(b) USE OF FUNDS.—Funds designated under this section shall
be available under the requirements of section 1303 of SAFETEA–
LU (23 U.S.C. 101 note; 119 Stat. 1207).
(c) CERTIFICATION.—Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23,
United States Code.
(d) NOTIFICATION.—Not later than 30 days after making a
designation under subsection (a), the Governor shall submit to
the relevant transportation planning organizations within the
border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction.
(e) LIMITATION.—This section applies only to funds apportioned
to a State after the date of enactment of this Act.
(f) DEADLINE FOR DESIGNATION.—A designation under subsection (a) shall—
(1) be submitted to the Secretary not later than 30 days
before the first day of the fiscal year for which the designation
is being made; and
(2) remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State
notifies the Secretary of the termination of the designation.
(g) UNOBLIGATED FUNDS AFTER TERMINATION.—Effective beginning on the date of a termination under subsection (f)(2), all
remaining unobligated funds that were designated under subsection
(a) for the fiscal year for which the designation is being terminated
shall be made available to the State for the purposes described
in section 133(d)(1)(B) of title 23, United States Code.

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SEC. 1438. ADJUSTMENTS.

(a) IN GENERAL.—On July 1, 2020, of the unobligated balances
of funds apportioned among the States under chapter 1 of title
23, United States Code, a total of $7,569,000,000 is permanently
rescinded.
(b) EXCLUSIONS FROM RESCISSION.—The rescission under subsection (a) shall not apply to funds distributed in accordance with—
(1) sections 104(b)(3) and 130(f) of title 23, United States
Code;
(2) section 133(d)(1)(A) of such title;
(3) the first sentence of section 133(d)(3)(A) of such title,
as in effect on the day before the date of enactment of MAP–
21 (Public Law 112–141);
(4) sections 133(d)(1) and 163 of such title, as in effect
on the day before the date of enactment of SAFETEA–LU
(Public Law 109–59); and

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129 STAT. 1433

(5) section 104(b)(5) of such title, as in effect on the day
before the date of enactment of MAP–21 (Public Law 112–
141).
(c) DISTRIBUTION AMONG STATES.—The amount to be rescinded
under this section from a State shall be determined by multiplying
the total amount of the rescission in subsection (a) by the ratio
that—
(1) the unobligated balances subject to the rescission as
of September 30, 2019, for the State; bears to
(2) the unobligated balances subject to the rescission as
of September 30, 2019, for all States.
(d) DISTRIBUTION WITHIN EACH STATE.—The amount to be
rescinded under this section from each program to which the rescission applies within a State shall be determined by multiplying
the required rescission amount calculated under subsection (c) for
such State by the ratio that—
(1) the unobligated balance as of September 30, 2019, for
such program in such State; bears to
(2) the unobligated balances as of September 30, 2019,
for all programs to which the rescission applies in such State.

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SEC. 1439. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES.

16 USC 703 note.

(a) TEMPORARY AUTHORIZATION.—
(1) IN GENERAL.—Until the Secretary of the Interior takes
the action described in subsection (b), the take of nesting swallows to facilitate a construction project on a bridge eligible
for funding under title 23, United States Code, with any component condition rating of 3 or less (as defined by the National
Bridge Inventory General Condition Guidance issued by the
Federal Highway Administration) is authorized under the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between
April 1 and August 31.
(2) MEASURES TO MINIMIZE IMPACTS.—
(A) NOTIFICATION BEFORE TAKING.—Prior to the taking
of nesting swallows authorized under paragraph (1), any
person taking that action shall submit to the Secretary
of the Interior a document that contains—
(i) the name of the person acting under the
authority of paragraph (1) to take nesting swallows;
(ii) a list of practicable measures that will be
undertaken to minimize or mitigate significant adverse
impacts on the population of that species;
(iii) the time period during which activities will
be carried out that will result in the taking of that
species; and
(iv) an estimate of the number of birds, by species,
to be taken in the proposed action.
(B) NOTIFICATION AFTER TAKING.—Not later than 60
days after the taking of nesting swallows authorized under
paragraph (1), any person taking that action shall submit
to the Secretary of the Interior a document that contains
the number of birds, by species, taken in the action.
(b) AUTHORIZATION OF TAKE.—
(1) IN GENERAL.—The Secretary of the Interior, in consultation with the Secretary, shall promulgate a regulation under
the authority of section 3 of the Migratory Bird Treaty Act

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129 STAT. 1434

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(16 U.S.C. 704) authorizing the take of nesting swallows to
facilitate bridge repair, maintenance, or construction—
(A) without individual permit requirements; and
(B) under terms and conditions determined to be consistent with treaties relating to migratory birds that protect
swallow species occurring in the United States.
(2) TERMINATION.—On the effective date of a final rule
under this subsection by the Secretary of the Interior, subsection (a) shall have no force or effect.
(c) SUSPENSION OR WITHDRAWAL OF TAKE AUTHORIZATION.—
If the Secretary of the Interior, in consultation with the Secretary,
determines that taking of nesting swallows carried out under the
authority provided in subsection (a)(1) is having a significant
adverse impact on swallow populations, the Secretary of the Interior
may suspend that authority through publication in the Federal
Register.

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23 USC 121 note.

SEC. 1440. AT-RISK PROJECT PREAGREEMENT AUTHORITY.

(a) DEFINITION OF PRELIMINARY ENGINEERING.—In this section,
the
term
‘‘preliminary
engineering’’
means
allowable
preconstruction project development and engineering costs.
(b) AT-RISK PROJECT PREAGREEMENT AUTHORITY.—A recipient
or subrecipient of Federal-aid funds under title 23, United States
Code, may—
(1) incur preliminary engineering costs for an eligible
project under title 23, United States Code, before receiving
project authorization from the State, in the case of a subrecipient, and the Secretary to proceed with the project; and
(2) request reimbursement of applicable Federal funds after
the project authorization is received.
(c) ELIGIBILITY.—The Secretary may reimburse preliminary
engineering costs incurred by a recipient or subrecipient under
subsection (b)—
(1) if the costs meet all applicable requirements under
title 23, United States Code, at the time the costs are incurred
and the Secretary concurs that the requirements have been
met;
(2) in the case of a project located within a designated
nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act (42 U.S.C. 7401
et seq.) have been met; and
(3) if the costs would have been allowable if incurred after
the date of the project authorization by the Department.
(d) AT-RISK.—A recipient or subrecipient that elects to use
the authority provided under this section shall—
(1) assume all risk for preliminary engineering costs
incurred prior to project authorization; and
(2) be responsible for ensuring and demonstrating to the
Secretary that all applicable cost eligibility conditions are met
after the authorization is received.
(e) RESTRICTIONS.—Nothing in this section—
(1) allows a recipient or subrecipient to use the authority
under this section to advance a project beyond preliminary
engineering prior to the completion of the environmental review
process;
(2) waives the applicability of Federal requirements to a
project other than the reimbursement of preliminary

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engineering costs incurred prior to an authorization to proceed
in accordance with this section; or
(3) guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding.

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SEC. 1441. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION PROGRAM.

23 USC 601 note.

(a) IN GENERAL.—The Secretary shall establish a regional infrastructure demonstration program (referred to in this section as
the ‘‘program’’) to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the TIFIA
program under chapter 6 of title 23, United States Code.
(b) DESIGNATION OF REGIONAL INFRASTRUCTURE ACCELERATORS.—In carrying out the program, the Secretary may designate
regional infrastructure accelerators that will—
(1) serve a defined geographic area; and
(2) act as a resource in the geographic area to qualified
entities in accordance with this section.
(c) APPLICATION.—To be eligible for a designation under subsection (b), a proposed regional infrastructure accelerator shall
submit to the Secretary a proposal at such time, in such manner,
and containing such information as the Secretary may require.
(d) CRITERIA.—In evaluating a proposal submitted under subsection (c), the Secretary shall consider—
(1) the need for geographic diversity among regional infrastructure accelerators; and
(2) the ability of the proposal to promote investment in
covered infrastructure projects, which shall include a plan—
(A) to evaluate and promote innovative financing
methods for local projects, including the use of the TIFIA
program under chapter 6 of title 23, United States Code;
(B) to build capacity of State, local, and tribal governments to evaluate and structure projects involving the
investment of private capital;
(C) to provide technical assistance and information
on best practices with respect to financing the projects;
(D) to increase transparency with respect to infrastructure project analysis and using innovative financing for
public infrastructure projects;
(E) to deploy predevelopment capital programs
designed to facilitate the creation of a pipeline of infrastructure projects available for investment;
(F) to bundle smaller-scale and rural projects into
larger proposals that may be more attractive for investment; and
(G) to reduce transaction costs for public project sponsors.
(e) ANNUAL REPORT.—Not less frequently than once each year,
the Secretary shall submit to Congress a report that describes
the findings and effectiveness of the program.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the program $12,000,000, of which
the Secretary shall use—
(1) $11,750,000 for initial grants to regional infrastructure
accelerators under subsection (b); and

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PUBLIC LAW 114–94—DEC. 4, 2015
(2) $250,000 for administrative costs of carrying out the
program.

23 USC 109 note.

SEC. 1442. SAFETY FOR USERS.

(a) IN GENERAL.—The Secretary shall encourage each State
and metropolitan planning organization to adopt standards for the
design of Federal surface transportation projects that provide for
the safe and adequate accommodation (as determined by the State)
of all users of the surface transportation network, including motorized and nonmotorized users, in all phases of project planning,
development, and operation.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall make available to the public a
report cataloging examples of State law or State transportation
policy that provide for the safe and adequate accommodation of
all users of the surface transportation network, in all phases of
project planning, development, and operation.
(c) BEST PRACTICES.—Based on the report under subsection
(b), the Secretary shall identify and disseminate examples of best
practices where States have adopted measures that have successfully provided for the safe and adequate accommodation of all
users of the surface transportation network in all phases of project
planning, development, and operation.
SEC. 1443. SENSE OF CONGRESS.

It is the sense of Congress that the engineering industry of
the United States continues to provide critical technical expertise,
innovation, and local knowledge to Federal and State agencies
in order to efficiently deliver surface transportation projects to
the public, and Congress recognizes the valuable contributions made
by the engineering industry of the United States and urges the
Secretary to reinforce those partnerships by encouraging State and
local agencies to take full advantage of engineering industry
capabilities to strengthen project performance, improve domestic
competitiveness, and create jobs.

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23 USC 101 note.

SEC. 1444. EVERY DAY COUNTS INITIATIVE.

(a) IN GENERAL.—It is in the national interest for the Department, State departments of transportation, and all other recipients
of Federal transportation funds—
(1) to identify, accelerate, and deploy innovation aimed
at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment;
(2) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is done
in an efficient and effective manner;
(3) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments and
encourage greater private sector involvement; and
(4) to create a culture of innovation within the highway
community.
(b) EVERY DAY COUNTS INITIATIVE.—To advance the policy
described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative
to work with States, local transportation agencies, and industry
stakeholders to identify and deploy proven innovative practices
and products that—
(1) accelerate innovation deployment;

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129 STAT. 1437

(2) shorten the project delivery process;
(3) improve environmental sustainability;
(4) enhance roadway safety; and
(5) reduce congestion.
(c) INNOVATION DEPLOYMENT.—
(1) IN GENERAL.—At least every 2 years, the Administrator
shall work collaboratively with stakeholders to identify a new
collection of innovations, best practices, and data to be deployed
to highway stakeholders through case studies, webinars, and
demonstration projects.
(2) REQUIREMENTS.—In identifying a collection described
in paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the innovation or practice.
(d) PUBLICATION.—Each collection identified under subsection
(c) shall be published by the Administrator on a publicly available
Web site.
SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

Section 5028(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)) is amended—
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.

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SEC. 1446. TECHNICAL CORRECTIONS.

(a) TITLE 23.—Title 23, United States Code, is amended as
follows:
(1) Section 119(d)(1)(A) is amended by striking ‘‘mobility,’’
and inserting ‘‘congestion reduction, system reliability,’’.
(2) Section 126(b)(1) is amended by striking ‘‘133(d)’’ and
inserting ‘‘133(d)(1)(A)’’.
(3) Section 127(a)(3) is amended by striking ‘‘118(b)(2) of
this title’’ and inserting ‘‘118(b)’’.
(4) Section 150(b)(5) is amended by striking ‘‘national
freight network’’ and inserting ‘‘National Highway Freight Network’’.
(5) Section 150(c)(3)(B) is amended by striking the semicolon at the end and inserting a period.
(6) Section 150(e)(4) is amended by striking ‘‘National
Freight Strategic Plan’’ and inserting ‘‘national freight strategic
plan’’.
(7) Section 153(h)(2) is amended by striking ‘‘paragraphs
(1) through (3)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’.
(8) Section 154(c) is amended—
(A) in paragraph (1) by striking ‘‘paragraphs (1), (3),
and (4)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’;
(B) in paragraph (3)(A) by striking ‘‘transferred’’ and
inserting ‘‘reserved’’; and
(C) in paragraph (5)—
(i) in the matter preceding subparagraph (A) by
inserting ‘‘or released’’ after ‘‘transferred’’; and
(ii) in subparagraph (A) by striking ‘‘under section
104(b)(l)’’ and inserting ‘‘under section 104(b)(1)’’.
(9) Section 163(f)(2) is amended by striking ‘‘118(b)(2)’’ and
inserting ‘‘118(b)’’.
(10) Section 164(b) is amended—

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23 USC 104 note.

23 USC 140.
23 USC 150.

23 USC
prec. 101.
23 USC 327.
49 USC
prec. 101.
23 USC 104.

23 USC 104.
23 USC 109, 118,
130, 131, 133,
142, 145, 218,
610.
23 USC 133.

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23 USC 142.

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PUBLIC LAW 114–94—DEC. 4, 2015

(A) in paragraph (3)(A) by striking ‘‘transferred’’ and
inserting ‘‘reserved’’; and
(B) in paragraph (5) by inserting ‘‘or released’’ after
‘‘transferred’’.
(11) Section 165(c)(7) is amended by striking ‘‘paragraphs
(2), (4), (7), (8), (14), and (19) of section 133(b)’’ and inserting
‘‘paragraphs (1) through (4) of section 133(c) and section
133(b)(12)’’.
(12) Section 202(b)(3) is amended—
(A) in subparagraph (A)(i), in the matter preceding
subclause (I), by inserting ‘‘(a)(6),’’ after ‘‘subsections’’; and
(B) in subparagraph (C)(ii)(IV), by striking ‘‘(III).]’’ and
inserting ‘‘(III).’’.
(13) Section 217(a) is amended by striking ‘‘104(b)(3)’’ and
inserting ‘‘104(b)(4)’’.
(14) Section 515 is amended by striking ‘‘this chapter’’
each place it appears and inserting ‘‘sections 512 through 518’’.
(b) TITLE 49.—Section 6302(b)(3)(B)(vi)(III) of title 49, United
States Code, is amended by striking ‘‘6310’’ and inserting ‘‘6309’’.
(c) SAFETEA–LU.—Section 4407 of SAFETEA–LU (Public Law
109–59; 119 Stat. 1777) is amended by striking ‘‘hereby enacted
into law’’ and inserting ‘‘granted’’.
(d) MAP–21.—Effective as of July 6, 2012, and as if included
therein as enacted, MAP–21 (Public Law 112–141) is amended
as follows:
(1) Section 1109(a)(2) (126 Stat. 444) is amended by striking
‘‘fourth’’ and inserting ‘‘fifth’’.
(2) Section 1203 (126 Stat. 524) is amended—
(A) in subsection (a) by striking ‘‘Section 150 of title
23, United States Code, is amended to read as follows’’
and inserting ‘‘Title 23, United States Code, is amended
by inserting after section 149 the following’’; and
(B) in subsection (b) by striking ‘‘by striking the item
relating to section 150 and inserting’’ and inserting ‘‘by
inserting after the item relating to section 149’’.
(3) Section 1313(a)(1) (126 Stat. 545) is amended to read
as follows:
‘‘(1) in the section heading by striking ‘pilot’; and’’.
(4) Section 1314(b) (126 Stat. 549) is amended—
(A) by inserting ‘‘chapter 3 of’’ after ‘‘analysis for’’;
and
(B) by inserting a period at the end of the matter
proposed to be inserted.
(5) Section 1519(c) (126 Stat. 575) is amended—
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) through (12) as
paragraphs (3) through (11), respectively;
(C) in paragraph (7), as redesignated by subparagraph
(B)—
(i) by striking the period at the end of the matter
proposed to be struck; and
(ii) by adding a period at the end; and
(D) in paragraph (8)(A)(i)(I), as redesignated by
subparagraph (B), by striking ‘‘than rail’’ in the matter
proposed to be struck and inserting ‘‘than on rail’’.
(e) TRANSPORTATION RESEARCH AND INNOVATIVE TECHNOLOGY
ACT OF 2012.—Section 51001(a)(1) of the Transportation Research

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129 STAT. 1439

and Innovative Technology Act of 2012 (126 Stat. 864) is amended
by striking ‘‘sections 503(b), 503(d), and 509’’ and inserting ‘‘section
503(b)’’.

TITLE II—INNOVATIVE PROJECT
FINANCE

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SEC.

2001.

TRANSPORTATION INFRASTRUCTURE
INNOVATION ACT OF 1998 AMENDMENTS.

FINANCE

AND

(a) DEFINITIONS.—Section 601(a) of title 23, United States Code,
is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘In this chapter, the’’ and inserting
‘‘The’’; and
(B) by inserting ‘‘to sections 601 through 609’’ after
‘‘apply’’;
(2) in paragraph (2)—
(A) in subparagraph (B) by striking ‘‘and’’ at the end;
(B) in subparagraph (C) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) capitalizing a rural projects fund.’’;
(3) in paragraph (3) by striking ‘‘this chapter’’ and inserting
‘‘the TIFIA program’’;
(4) in paragraph (10)—
(A) by striking ‘‘(10) MASTER CREDIT AGREEMENT.—
’’ and all that follows before subparagraph (A) and inserting
the following:
‘‘(10) MASTER CREDIT AGREEMENT.—The term ‘master credit
agreement’ means a conditional agreement to extend credit
assistance for a program of related projects secured by a
common security pledge covered under section 602(b)(2)(A) or
for a single project covered under section 602(b)(2)(B) that
does not provide for a current obligation of Federal funds,
and that would—’’;
(B) in subparagraph (A) by striking ‘‘subject to the
availability of future funds being made available to carry
out this chapter;’’ and inserting ‘‘subject to—
‘‘(i) the availability of future funds being made
available to carry out the TIFIA program; and
‘‘(ii) the satisfaction of all of the conditions for
the provision of credit assistance under the TIFIA program, including section 603(b)(1);’’; and
(C) in subparagraph (D)—
(i) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(ii) by inserting after clause (i) the following:
‘‘(ii) receiving an investment grade rating from
a rating agency;’’;
(iii) in clause (iii) (as so redesignated) by striking
‘‘in section 602(c)’’ and inserting ‘‘under the TIFIA
program, including sections 602(c) and 603(b)(1)’’; and
(iv) in clause (iv) (as so redesignated) by striking
‘‘this chapter’’ and inserting ‘‘the TIFIA program’’;
(5) in paragraph (12)—
(A) in subparagraph (C) by striking ‘‘and’’ at the end;

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129 STAT. 1440

PUBLIC LAW 114–94—DEC. 4, 2015

(B) in subparagraph (D)(iv) by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(E) a project to improve or construct public infrastructure that is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail
station, intercity bus station, or intermodal facility,
including a transportation, public utility, or capital project
described in section 5302(3)(G)(v) of title 49, and related
infrastructure; and
‘‘(F) the capitalization of a rural projects fund.’’;
(6) in paragraph (15) by striking ‘‘means’’ and all that
follows through the period at the end and inserting ‘‘means
a surface transportation infrastructure project located in an
area that is outside of an urbanized area with a population
greater than 150,000 individuals, as determined by the Bureau
of the Census.’’;
(7) by redesignating paragraphs (16), (17), (18), (19), and
(20) as paragraphs (17), (18), (20), (21), and (22), respectively;
(8) by inserting after paragraph (15) the following:
‘‘(16) RURAL PROJECTS FUND.—The term ‘rural projects fund’
means a fund—
‘‘(A) established by a State infrastructure bank in
accordance with section 610(d)(4);
‘‘(B) capitalized with the proceeds of a secured loan
made to the bank in accordance with sections 602 and
603; and
‘‘(C) for the purpose of making loans to sponsors of
rural infrastructure projects in accordance with section
610.’’;
(9) by inserting after paragraph (18) (as so redesignated)
the following:
‘‘(19) STATE INFRASTRUCTURE BANK.—The term ‘State infrastructure bank’ means an infrastructure bank established under
section 610.’’; and
(10) in paragraph (22) (as so redesignated), by inserting
‘‘established under sections 602 through 609’’ after ‘‘Department’’.
(b) DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.—
Section 602 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘‘this chapter’’ and inserting ‘‘the
TIFIA program’’;
(B) in paragraph (2)(A) by striking ‘‘this chapter’’ and
inserting ‘‘the TIFIA program’’;
(C) in paragraph (3) by striking ‘‘this chapter’’ and
inserting ‘‘the TIFIA program’’;
(D) in paragraph (5)—
(i) by striking the paragraph heading and inserting
‘‘ELIGIBLE PROJECT COST PARAMETERS.—’’;
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘subparagraph (B), to be eligible for assistance under this chapter, a project’’ and inserting
‘‘subparagraph (B), a project under the TIFIA program’’;

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(II) by striking clause (i) and inserting the
following:
‘‘(i) $50,000,000; and’’; and
(III) in clause (ii) by striking ‘‘assistance’’; and
(iii) in subparagraph (B)—
(I) by striking the subparagraph designation
and heading and all that follows through ‘‘In the
case’’ and inserting the following:
‘‘(B) EXCEPTIONS.—
‘‘(i) INTELLIGENT TRANSPORTATION SYSTEMS.—In
the case’’; and
(II) by adding at the end the following:
‘‘(ii) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.—
In the case of a project described in section
601(a)(12)(E), eligible project costs shall be reasonably
anticipated to equal or exceed $10,000,000.
‘‘(iii) RURAL PROJECTS.—In the case of a rural infrastructure project or a project capitalizing a rural
projects fund, eligible project costs shall be reasonably
anticipated to equal or exceed $10,000,000, but not
to exceed $100,000,000.
‘‘(iv) LOCAL INFRASTRUCTURE PROJECTS.—Eligible
project costs shall be reasonably anticipated to equal
or exceed $10,000,000 in the case of a project or program of projects—
‘‘(I) in which the applicant is a local government, public authority, or instrumentality of local
government;
‘‘(II) located on a facility owned by a local
government; or
‘‘(III) for which the Secretary determines that
a local government is substantially involved in
the development of the project.’’;
(E) in paragraph (9), in the matter preceding subparagraph (A), by striking ‘‘this chapter’’ and inserting ‘‘the
TIFIA program’’; and
(F) in paragraph (10)—
(i) by striking ‘‘To be eligible’’ and inserting the
following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), to be eligible’’;
(ii) by striking ‘‘this chapter’’ each place it appears
and inserting ‘‘the TIFIA program’’;
(iii) by striking ‘‘not later than’’ and inserting ‘‘no
later than’’; and
(iv) by adding at the end the following:
‘‘(B) RURAL PROJECTS FUND.—In the case of a project
capitalizing a rural projects fund, the State infrastructure
bank shall demonstrate, not later than 2 years after the
date on which a secured loan is obligated for the project
under the TIFIA program, that the bank has executed
a loan agreement with a borrower for a rural infrastructure
project in accordance with section 610. After the demonstration is made, the bank may draw upon the secured loan.
At the end of the 2-year period, to the extent the bank
has not used the loan commitment, the Secretary may

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129 STAT. 1442

PUBLIC LAW 114–94—DEC. 4, 2015

extend the term of the loan or withdraw the loan commitment.’’;
(2) in subsection (b) by striking paragraph (2) and inserting
the following:
‘‘(2) MASTER CREDIT AGREEMENTS.—
‘‘(A) PROGRAM OF RELATED PROJECTS.—The Secretary
may enter into a master credit agreement for a program
of related projects secured by a common security pledge
on terms acceptable to the Secretary.
‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary fully obligates funding to eligible projects for a fiscal
year and adequate funding is not available to fund a credit
instrument, a project sponsor of an eligible project may
elect to enter into a master credit agreement and wait
to execute a credit instrument until the fiscal year for
which additional funds are available to receive credit assistance.’’;
(3) in subsection (c)(1), in the matter preceding subparagraph (A), by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA
program’’; and
(4) in subsection (e) by striking ‘‘this chapter’’ and inserting
‘‘the TIFIA program’’.
(c) SECURED LOAN TERMS AND LIMITATIONS.—Section 603 of
title 23, United States Code, is amended—
(1) in subsection (a) by striking paragraph (2) and inserting
the following:
‘‘(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION
FINANCING.—A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B)—
‘‘(A) if the maturity of such interim construction
financing is later than 1 year after the substantial completion of the project; and
‘‘(B) later than 1 year after the date of substantial
completion of the project.’’;
(2) in subsection (b)—
(A) in paragraph (2)—
(i) by striking ‘‘The amount of’’ and inserting the
following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the amount of’’; and
(ii) by adding at the end the following:
‘‘(B) RURAL PROJECTS FUND.—In the case of a project
capitalizing a rural projects fund, the maximum amount
of a secured loan made to a State infrastructure bank
shall be determined in accordance with section
602(a)(5)(B)(iii).’’;
(B) in paragraph (3)(A)(i)—
(i) in subclause (III) by striking ‘‘or’’ at the end;
(ii) in subclause (IV) by striking ‘‘and’’ at the end
and inserting ‘‘or’’; and
(iii) by adding at the end the following:
‘‘(V) in the case of a secured loan for a project
capitalizing a rural projects fund, any other dedicated revenue sources available to a State infrastructure bank, including repayments from loans
made by the bank for rural infrastructure projects;
and’’;

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(C) in paragraph (4)(B)—
(i) in clause (i) by striking ‘‘under this chapter’’
and inserting ‘‘or a rural projects fund under the TIFIA
program’’; and
(ii) in clause (ii) by inserting ‘‘and rural project
funds’’ after ‘‘rural infrastructure projects’’;
(D) in paragraph (5)—
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and indenting
appropriately;
(ii) in the matter preceding clause (i) (as so redesignated) by striking ‘‘The final’’ and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the final’’; and
(iii) by adding at the end the following:
‘‘(B) RURAL PROJECTS FUND.—In the case of a project
capitalizing a rural projects fund, the final maturity date
of the secured loan shall not exceed 35 years after the
date on which the secured loan is obligated.’’;
(E) in paragraph (8) by striking ‘‘this chapter’’ and
inserting ‘‘the TIFIA program’’; and
(F) in paragraph (9)—
(i) by striking ‘‘The total Federal assistance provided on a project receiving a loan under this chapter’’
and inserting the following:
‘‘(A) IN GENERAL.—The total Federal assistance provided for a project receiving a loan under the TIFIA program’’; and
(ii) by adding at the end the following:
‘‘(B) RURAL PROJECTS FUND.—A project capitalizing a
rural projects fund shall satisfy subparagraph (A) through
compliance with the Federal share requirement described
in section 610(e)(3)(B).’’; and
(3) by adding at the end the following:
‘‘(f) STREAMLINED APPLICATION PROCESS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of the FAST Act, the Secretary shall make available an expedited application process or processes available
at the request of entities seeking secured loans under the
TIFIA program that use a set or sets of conventional terms
established pursuant to this section.
‘‘(2) TERMS.—In establishing the streamlined application
process required by this subsection, the Secretary may include
terms commonly included in prior credit agreements and allow
for an expedited application period, including—
‘‘(A) the secured loan is in an amount of not greater
than $100,000,000;
‘‘(B) the secured loan is secured and payable from
pledged revenues not affected by project performance, such
as a tax-backed revenue pledge, tax increment financing,
or a system-backed pledge of project revenues; and
‘‘(C) repayment of the loan commences not later than
5 years after disbursement.’’.
(d) PROGRAM ADMINISTRATION.—Section 605 of title 23, United
States Code, is amended—

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(1) by striking ‘‘this chapter’’ each place it appears and
inserting ‘‘the TIFIA program’’; and
(2) by adding at the end the following:
‘‘(f) ASSISTANCE TO SMALL PROJECTS.—
‘‘(1) RESERVATION OF FUNDS.—Of the funds made available
to carry out the TIFIA program for each fiscal year, and after
the set aside under section 608(a)(5), not less than $2,000,000
shall be made available for the Secretary to use in lieu of
fees collected under subsection (b) for projects under the TIFIA
program having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000.
‘‘(2) RELEASE OF FUNDS.—Any funds not used under paragraph (1) in a fiscal year shall be made available on October
1 of the following fiscal year to provide credit assistance to
any project under the TIFIA program.’’.
(e) STATE AND LOCAL PERMITS.—Section 606 of title 23, United
States Code, is amended in the matter preceding paragraph (1)
by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA program’’.
(f) REGULATIONS.—Section 607 of title 23, United States Code,
is amended by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA
program’’.
(g) FUNDING.—Section 608 of title 23, United States Code,
is amended—
(1) by striking ‘‘this chapter’’ each place it appears and
inserting ‘‘the TIFIA program’’; and
(2) in subsection (a)—
(A) in paragraph (2) by inserting ‘‘of’’ after ‘‘504(f)’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by inserting ‘‘or rural
projects funds’’ after ‘‘rural infrastructure projects’’;
and
(ii) in subparagraph (B), by inserting ‘‘or rural
projects funds’’ after ‘‘rural infrastructure projects’’;
(C) by striking paragraphs (4) and (6) and redesignating paragraph (5) as paragraph (4); and
(D) by inserting at the end the following:
‘‘(5) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out the TIFIA program, the Secretary may use
not more than $6,875,000 for fiscal year 2016, $7,081,000 for
fiscal year 2017, $7,559,000 for fiscal year 2018, $8,195,000
for fiscal year 2019, and $8,441,000 for fiscal year 2020 for
the administration of the TIFIA program.’’.
(h) REPORTS TO CONGRESS.—Section 609 of title 23, United
States Code, is amended by striking ‘‘this chapter (other than
section 610)’’ each place it appears and inserting ‘‘the TIFIA program’’.
(i) STATE INFRASTRUCTURE BANK PROGRAM.—Section 610 of
title 23, United States Code, is amended—
(1) in subsection (a) by adding at the end the following:
‘‘(11) RURAL INFRASTRUCTURE PROJECT.—The term ‘rural
infrastructure project’ has the meaning given the term in section 601.
‘‘(12) RURAL PROJECTS FUND.—The term ‘rural projects fund’
has the meaning given the term in section 601.’’;
(2) in subsection (d)—
(A) in paragraph (1)(A) by striking ‘‘each of fiscal years’’
and all that follows through the end of subparagraph (A)

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1445

and inserting ‘‘each of fiscal years 2016 through 2020 under
each of paragraphs (1), (2), and (5) of section 104(b); and’’;
(B) in paragraph (2) by striking ‘‘fiscal years 2005
through 2009’’ and inserting ‘‘fiscal years 2016 through
2020’’;
(C) in paragraph (3) by striking ‘‘fiscal years 2005
through 2009’’ and inserting ‘‘fiscal years 2016 through
2020’’;
(D) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(E) by inserting after paragraph (3) the following:
‘‘(4) RURAL PROJECTS FUND.—Subject to subsection (j), the
Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure
bank to deposit into the rural projects fund of the bank the
proceeds of a secured loan made to the bank in accordance
with sections 602 and 603.’’; and
(F) in paragraph (6) (as so redesignated) by striking
‘‘section 133(d)(3)’’ and inserting ‘‘section 133(d)(1)(A)(i)’’;
(3) by striking subsection (e) and inserting the following:
‘‘(e) FORMS OF ASSISTANCE FROM STATE INFRASTRUCTURE
BANKS.—
‘‘(1) IN GENERAL.—A State infrastructure bank established
under this section may—
‘‘(A) with funds deposited into the highway account,
transit account, or rail account of the bank, make loans
or provide other forms of credit assistance to a public
or private entity to carry out a project eligible for assistance
under this section; and
‘‘(B) with funds deposited into the rural projects fund,
make loans to a public or private entity to carry out a
rural infrastructure project.
‘‘(2) SUBORDINATION OF LOAN.—The amount of a loan or
other form of credit assistance provided for a project described
in paragraph (1) may be subordinated to any other debt
financing for the project.
‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A State infrastructure bank established under this section may—
‘‘(A) with funds deposited into the highway account,
transit account, or rail account of the bank, make loans
or provide other forms of credit assistance to a public
or private entity in an amount up to 100 percent of the
cost of carrying out a project eligible for assistance under
this section; and
‘‘(B) with funds deposited into the rural projects fund,
make loans to a public or private entity in an amount
not to exceed 80 percent of the cost of carrying out a
rural infrastructure project.
‘‘(4) INITIAL ASSISTANCE.—Initial assistance provided with
respect to a project from Federal funds deposited into a State
infrastructure bank under this section may not be made in
the form of a grant.’’;
(4) in subsection (g)—
(A) in paragraph (1) by striking ‘‘each account’’ and
inserting ‘‘the highway account, the transit account, and
the rail account’’; and

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129 STAT. 1446

PUBLIC LAW 114–94—DEC. 4, 2015
(B) in paragraph (4) by inserting ‘‘, except that any
loan funded from the rural projects fund of the bank shall
bear interest at or below the interest rate charged for
the TIFIA loan provided to the bank under section 603’’
after ‘‘feasible’’; and
(5) in subsection (k) by striking ‘‘fiscal years 2005 through
2009’’ and inserting ‘‘fiscal years 2016 through 2020’’.

SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL.

(a) PAYMENT TO STATES FOR CONSTRUCTION.—Section 121(a)
of title 23, United States Code, is amended by inserting ‘‘(including
payments made pursuant to a long-term concession agreement,
such as availability payments)’’ after ‘‘a project’’.
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 106(b)(1) of
title 23, United States Code, is amended by inserting ‘‘(including
payments made pursuant to a long-term concession agreement,
such as availability payments)’’ after ‘‘construction of the project’’.
Federal Public
Transportation
Act of 2015.
49 USC 5101
note.

TITLE III—PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE.

This title may be cited as the ‘‘Federal Public Transportation
Act of 2015’’.

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SEC. 3002. DEFINITIONS.

Section 5302 of title 49, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (C) by inserting ‘‘functional’’ before
‘‘landscaping and’’; and
(B) in subparagraph (E) by striking ‘‘bicycle storage
facilities and installing equipment’’ and inserting ‘‘bicycle
storage shelters and parking facilities and the installation
of equipment’’;
(2) in paragraph (3)—
(A) by striking subparagraph (F) and inserting the
following:
‘‘(F) leasing equipment or a facility for use in public
transportation;’’;
(B) in subparagraph (G)—
(i) in clause (iv) by adding ‘‘and’’ at the end;
(ii) in clause (v) by striking ‘‘and’’ at the end;
and
(iii) by striking clause (vi);
(C) by striking subparagraph (I) and inserting the following:
‘‘(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are in compliance
with applicable requirements of that Act, including both
fixed route and demand responsive service, and only for
amounts—
‘‘(i) not to exceed 10 percent of such recipient’s
annual formula apportionment under sections 5307 and
5311; or
‘‘(ii) not to exceed 20 percent of such recipient’s
annual formula apportionment under sections 5307 and

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129 STAT. 1447

5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient
meets at least 2 of the following requirements:
‘‘(I) Provides an active fixed route travel
training program that is available for riders with
disabilities.
‘‘(II) Provides that all fixed route and paratransit operators participate in a passenger safety,
disability awareness, and sensitivity training class
on at least a biennial basis.
‘‘(III) Has memoranda of understanding in
place with employers and the American Job Center
to increase access to employment opportunities for
people with disabilities.’’;
(D) in subparagraph (K) by striking ‘‘or’’ at the end;
(E) in subparagraph (L) by striking the period at the
end and inserting a semicolon; and
(F) by adding at the end the following:
‘‘(M) associated transit improvements; or
‘‘(N) technological changes or innovations to modify
low or no emission vehicles (as defined in section 5339(c))
or facilities.’’; and
(3) by adding at the end the following:
‘‘(24) VALUE CAPTURE.—The term ‘value capture’ means
recovering the increased property value to property located
near public transportation resulting from investments in public
transportation.’’.

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SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.

(a) IN GENERAL.—Section 5303 of title 49, United States Code,
is amended—
(1) in subsection (a)(1) by inserting ‘‘resilient’’ after
‘‘development of’’;
(2) in subsection (c)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting ‘‘, bicycle transportation facilities,
and intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities and commuter vanpool providers’’;
(3) in subsection (d)—
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
‘‘(3) REPRESENTATION.—
‘‘(A) IN GENERAL.—Designation or selection of officials
or representatives under paragraph (2) shall be determined
by the metropolitan planning organization according to the
bylaws or enabling statute of the organization.
‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject to the bylaws or enabling statute of the metropolitan
planning organization, a representative of a provider of
public transportation may also serve as a representative
of a local municipality.
‘‘(C) POWERS OF CERTAIN OFFICIALS.—An official
described in paragraph (2)(B) shall have responsibilities,
actions, duties, voting rights, and any other authority

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129 STAT. 1448

PUBLIC LAW 114–94—DEC. 4, 2015
commensurate with other officials described in paragraph
(2).’’; and
(C) in paragraph (5), as so redesignated, by striking
‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’;
(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’
and inserting ‘‘subsection (d)(6)’’;
(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural
disaster risk reduction,’’ after ‘‘economic development,’’;
(6) in subsection (h)(1)—
(A) in subparagraph (G) by striking ‘‘and’’ at the end;
(B) in subparagraph (H) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(I) improve the resiliency and reliability of the
transportation system.’’;
(7) in subsection (i)—
(A) in paragraph (2)—
(i) in subparagraph (A)(i) by striking ‘‘transit’’ and
inserting ‘‘public transportation facilities, intercity bus
facilities’’;
(ii) in subparagraph (G)—
(I) by striking ‘‘and provide’’ and inserting ‘‘,
provide’’; and
(II) by inserting before the period at the end
the following: ‘‘, and reduce the vulnerability of
the existing transportation infrastructure to natural disasters’’; and
(iii) in subparagraph (H) by inserting before the
period at the end the following: ‘‘, including consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption
in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and
operated’’;
(B) in paragraph (6)(A)—
(i) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and
(ii) by inserting ‘‘(including intercity bus operators,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program,
parking cash-out program, shuttle program, or
telework program)’’ after ‘‘private providers of transportation’’; and
(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’
each place it appears and inserting ‘‘paragraph (2)(E)’’;
(8) in subsection (k)(3)—
(A) in subparagraph (A) by inserting ‘‘(including intercity bus operators, employer-based commuting programs,
such as a carpool program, vanpool program, transit benefit
program, parking cash-out program, shuttle program, or
telework program), job access projects,’’ after ‘‘reduction’’;
and
(B) by adding at the end the following:
‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan
planning organization serving a transportation management area may develop a plan that includes projects and

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129 STAT. 1449

strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—
‘‘(i) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and improve
transportation connections between areas with high
job concentration and areas with high concentrations
of low-income households;
‘‘(ii) identify existing public transportation services, employer-based commuter programs, and other
existing transportation services that support access to
jobs in the region; and
‘‘(iii) identify proposed projects and programs to
reduce congestion and increase job access opportunities.
‘‘(D) PARTICIPATION.—In developing the plan under
subparagraph (C), a metropolitan planning organization
shall consult with employers, private and non-profit providers of public transportation, transportation management
organizations, and organizations that provide job access
reverse commute projects or job-related services to lowincome individuals.’’;
(9) in subsection (l)—
(A) by adding a period at the end of paragraph (1);
and
(B) in paragraph (2)(D) by striking ‘‘of less than
200,000’’ and inserting ‘‘with a population of 200,000 or
less’’;
(10) in subsection (p) by striking ‘‘Funds set aside under
section 104(f)’’ and inserting ‘‘Funds apportioned under section
104(b)(5)’’; and
(11) by adding at the end the following:
‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.—
‘‘(1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, the term ‘Bi-State Metropolitan Planning Organization’
has the meaning given the term ‘region’ in subsection (a) of
Article II of the Lake Tahoe Regional Planning Compact (Public
Law 96–551; 94 Stat. 3234).
‘‘(2) TREATMENT.—For the purpose of this title, the BiState Metropolitan Planning Organization shall be treated as—
‘‘(A) a metropolitan planning organization;
‘‘(B) a transportation management area under subsection (k); and
‘‘(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population
of 65,000 in the State of Nevada.’’.
(b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.—Section 5304 of title 49, United States Code, is amended—
(1) in subsection (a)(2) by striking ‘‘and bicycle transportation facilities’’ and inserting ‘‘, bicycle transportation facilities,
and intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities and commuter vanpool providers’’;
(2) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (G) by striking ‘‘and’’ at the
end;

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PUBLIC LAW 114–94—DEC. 4, 2015
(ii) in subparagraph (H) by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(I) improve the resiliency and reliability of the
transportation system.’’; and
(B) in paragraph (2)—
(i) in subparagraph (B)(ii) by striking ‘‘urbanized’’;
and
(ii) in subparagraph (C) by striking ‘‘urbanized’’;
and
(3) in subsection (f)(3)(A)(ii)—
(A) by inserting ‘‘public ports,’’ before ‘‘freight shippers,’’; and
(B) by inserting ‘‘(including intercity bus operators,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program,
parking cash-out program, shuttle program, or telework
program)’’ after ‘‘private providers of transportation’’.

SEC. 3004. URBANIZED AREA FORMULA GRANTS.

Section 5307 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2) by inserting ‘‘or demand response
service, excluding ADA complementary paratransit
service,’’ before ‘‘during’’ each place it appears; and
(B) by adding at the end the following:
‘‘(3) EXCEPTION TO THE SPECIAL RULE.—Notwithstanding
paragraph (2), if a public transportation system described in
such paragraph executes a written agreement with 1 or more
other public transportation systems within the urbanized area
to allocate funds for the purposes described in the paragraph
by a method other than by measuring vehicle revenue hours,
each public transportation system that is a party to the written
agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in
the paragraph.’’; and
(2) in subsection (c)(1)—
(A) in subparagraph (C), by inserting ‘‘in accordance
with the recipient’s transit asset management plan’’ after
‘‘equipment and facilities’’; and
(B) in subparagraph (K), by striking ‘‘Census—’’ and
all that follows through clause (ii) and inserting the following: ‘‘Census, will submit an annual report listing
projects carried out in the preceding fiscal year under this
section for associated transit improvements as defined in
section 5302; and’’.

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SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

(a) IN GENERAL.—Section 5309 of title 49, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (3), by striking ‘‘and weekend days’’;
(B) in paragraph (6)—
(i) in subparagraph (A) by inserting ‘‘, small start
projects,’’ after ‘‘new fixed guideway capital projects’’;
and
(ii) by striking subparagraph (B) and inserting
the following:

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129 STAT. 1451

‘‘(B) 2 or more projects that are any combination of
new fixed guideway capital projects, small start projects,
and core capacity improvement projects.’’; and
(C) in paragraph (7)—
(i) in subparagraph (A), by striking ‘‘$75,000,000’’
and inserting ‘‘$100,000,000’’; and
(ii) in subparagraph (B), by striking ‘‘$250,000,000’’
and inserting ‘‘$300,000,000’’;
(2) in subsection (d)—
(A) in paragraph (1)(B) by striking ‘‘, policies and land
use patterns that promote public transportation,’’; and
(B) in paragraph (2)(A)—
(i) in clause (iii) by adding ‘‘and’’ after the semicolon;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause (iv);
(3) in subsection (g)(2)(A)(i) by striking ‘‘the policies and
land use patterns that support public transportation,’’;
(4) in subsection (h)(6)—
(A) by striking ‘‘In carrying out’’ and inserting the
following:
‘‘(A) IN GENERAL.—In carrying out’’; and
(B) by adding at the end the following:
‘‘(B) OPTIONAL EARLY RATING.—At the request of the
project sponsor, the Secretary shall evaluate and rate the
project in accordance with paragraphs (4) and (5) and
subparagraph (A) of this paragraph upon completion of
the analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’;
(5) in subsection (i)—
(A) in paragraph (1) by striking ‘‘subsection (d) or
(e)’’ and inserting ‘‘subsection (d), (e), or (h)’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A) by
inserting ‘‘new fixed guideway capital project or core
capacity improvement’’ after ‘‘federally funded’’;
(ii) by striking subparagraph (D) and inserting
the following:
‘‘(D) the program of interrelated projects, when evaluated as a whole—
‘‘(i) meets the requirements of subsection (d)(2),
subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised
entirely of—
‘‘(I) new fixed guideway capital projects;
‘‘(II) core capacity improvement projects; or
‘‘(III) small start projects; or
‘‘(ii) meets the requirements of subsection (d)(2)
if the program is comprised of any combination of
new fixed guideway capital projects, small start
projects, and core capacity improvement projects;’’; and
(iii) in subparagraph (F), by inserting ‘‘or subsection (h)(5), as applicable’’ after ‘‘subsection (f)’’; and
(C) by striking paragraph (3)(A) and inserting the following:

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‘‘(A) PROJECT ADVANCEMENT.—A project receiving a
grant under this section that is part of a program of interrelated projects may not advance—
‘‘(i) in the case of a small start project, from the
project development phase to the construction phase
unless the Secretary determines that the program of
interrelated projects meets the applicable requirements
of this section and there is a reasonable likelihood
that the program will continue to meet such requirements; or
‘‘(ii) in the case of a new fixed guideway capital
project or a core capacity improvement project, from
the project development phase to the engineering
phase, or from the engineering phase to the construction phase, unless the Secretary determines that the
program of interrelated projects meets the applicable
requirements of this section and there is a reasonable
likelihood that the program will continue to meet such
requirements.’’;
(6) in subsection (l)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) ESTIMATION OF NET CAPITAL PROJECT COST.—Based
on engineering studies, studies of economic feasibility, and
information on the expected use of equipment or facilities,
the Secretary shall estimate the net capital project cost.
‘‘(B) GRANTS.—
‘‘(i) GRANT FOR NEW FIXED GUIDEWAY CAPITAL
PROJECT.—A grant for a new fixed guideway capital
project shall not exceed 80 percent of the net capital
project cost.
‘‘(ii) FULL FUNDING GRANT AGREEMENT FOR NEW
FIXED GUIDEWAY CAPITAL PROJECT.—A full funding
grant agreement for a new fixed guideway capital
project shall not include a share of more than 60 percent from the funds made available under this section.
‘‘(iii) GRANT FOR CORE CAPACITY IMPROVEMENT
PROJECT.—A grant for a core capacity improvement
project shall not exceed 80 percent of the net capital
project cost of the incremental cost to increase the
capacity in the corridor.
‘‘(iv) GRANT FOR SMALL START PROJECT.—A grant
for a small start project shall not exceed 80 percent
of the net capital project costs.’’; and
(B) by striking paragraph (4) and inserting the following:
‘‘(4) REMAINING COSTS.—The remainder of the net capital
project costs shall be provided—
‘‘(A) in cash from non-Government sources;
‘‘(B) from revenues from the sale of advertising and
concessions; or
‘‘(C) from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital.’’;
(7) by striking subsection (n) and inserting the following:
‘‘(n) AVAILABILITY OF AMOUNTS.—

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‘‘(1) IN GENERAL.—An amount made available or appropriated for a new fixed guideway capital project or core capacity
improvement project shall remain available to that project for
4 fiscal years, including the fiscal year in which the amount
is made available or appropriated. Any amounts that are unobligated to the project at the end of the 4-fiscal-year period may
be used by the Secretary for any purpose under this section.
‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An amount available
under this section that is deobligated may be used for any
purpose under this section.’’; and
(8) by adding at the end the following:
‘‘(p) SPECIAL RULE.—For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e), the
Secretary shall not reduce or eliminate the capital costs of art
and non-functional landscaping elements from the annualized capital cost calculation.
‘‘(q) JOINT PUBLIC TRANSPORTATION AND INTERCITY PASSENGER
RAIL PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants for new
fixed guideway capital projects and core capacity improvement
projects that provide both public transportation and intercity
passenger rail service.
‘‘(2) ELIGIBLE COSTS.—Eligible costs for a project under
this subsection shall be limited to the net capital costs of
the public transportation costs attributable to the project based
on projected use of the new segment or expanded capacity
of the project corridor, not including project elements designed
to achieve or maintain a state of good repair, as determined
by the Secretary under paragraph (4).
‘‘(3) PROJECT JUSTIFICATION AND LOCAL FINANCIAL COMMITMENT.—A project under this subsection shall be evaluated for
project justification and local financial commitment under subsections (d), (e), (f), and (h), as applicable to the project, based
on—
‘‘(A) the net capital costs of the public transportation
costs attributable to the project as determined under paragraph (4); and
‘‘(B) the share of funds dedicated to the project from
sources other than this section included in the unified
finance plan for the project.
‘‘(4) CALCULATION OF NET CAPITAL PROJECT COST.—The Secretary shall estimate the net capital costs of a project under
this subsection based on—
‘‘(A) engineering studies;
‘‘(B) studies of economic feasibility;
‘‘(C) the expected use of equipment or facilities; and
‘‘(D) the public transportation costs attributable to the
project.
‘‘(5) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.—
‘‘(A) GOVERNMENT SHARE.—The Government share
shall not exceed 80 percent of the net capital cost attributable to the public transportation costs of a project under
this subsection as determined under paragraph (4).
‘‘(B) NON-GOVERNMENT SHARE.—The remainder of the
net capital cost attributable to the public transportation
costs of a project under this subsection shall be provided

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from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.’’.
(b) EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT
GRANTS PILOT PROGRAM.—
(1) DEFINITIONS.—In this subsection, the following definitions shall apply:
(A) APPLICANT.—The term ‘‘applicant’’ means a State
or local governmental authority that applies for a grant
under this subsection.
(B) CAPITAL PROJECT; FIXED GUIDEWAY; LOCAL GOVERNMENTAL AUTHORITY; PUBLIC TRANSPORTATION; STATE; STATE
OF GOOD REPAIR.—The terms ‘‘capital project’’, ‘‘fixed guideway’’, ‘‘local governmental authority’’, ‘‘public transportation’’, ‘‘State’’, and ‘‘state of good repair’’ have the
meanings given those terms in section 5302 of title 49,
United States Code.
(C) CORE CAPACITY IMPROVEMENT PROJECT.—The term
‘‘core capacity improvement project’’—
(i) means a substantial corridor-based capital
investment in an existing fixed guideway system that
increases the capacity of a corridor by not less than
10 percent; and
(ii) may include project elements designed to aid
the existing fixed guideway system in making substantial progress towards achieving a state of good repair.
(D) CORRIDOR-BASED BUS RAPID TRANSIT PROJECT.—
The term ‘‘corridor-based bus rapid transit project’’ means
a small start project utilizing buses in which the project
represents a substantial investment in a defined corridor
as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems—
(i) including—
(I) defined stations;
(II) traffic signal priority for public transportation vehicles;
(III) short headway bidirectional services for
a substantial part of weekdays; and
(IV) any other features the Secretary may
determine support a long-term corridor investment; and
(ii) the majority of which does not operate in a
separated right-of-way dedicated for public transportation use during peak periods.
(E) ELIGIBLE PROJECT.—The term ‘‘eligible project’’
means a new fixed guideway capital project, a small start
project, or a core capacity improvement project that has
not entered into a full funding grant agreement with the
Federal Transit Administration before the date of enactment of this Act.
(F) FIXED GUIDEWAY BUS RAPID TRANSIT PROJECT.—
The term ‘‘fixed guideway bus rapid transit project’’ means
a bus capital project—
(i) in which the majority of the project operates
in a separated right-of-way dedicated for public
transportation use during peak periods;

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129 STAT. 1455

(ii) that represents a substantial investment in
a single route in a defined corridor or subarea; and
(iii) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
(I) defined stations;
(II) traffic signal priority for public transportation vehicles;
(III) short headway bidirectional services for
a substantial part of weekdays and weekend days;
and
(IV) any other features the Secretary may
determine are necessary to produce high-quality
public transportation services that emulate the
services provided by rail fixed guideway public
transportation systems.
(G) NEW FIXED GUIDEWAY CAPITAL PROJECT.—The term
‘‘new fixed guideway capital project’’ means—
(i) a fixed guideway capital project that is a minimum operable segment or extension to an existing
fixed guideway system; or
(ii) a fixed guideway bus rapid transit project that
is a minimum operable segment or an extension to
an existing bus rapid transit system.
(H) RECIPIENT.—The term ‘‘recipient’’ means a
recipient of funding under chapter 53 of title 49, United
States Code.
(I) SMALL START PROJECT.—The term ‘‘small start
project’’ means a new fixed guideway capital project, a
fixed guideway bus rapid transit project, or a corridorbased bus rapid transit project for which—
(i) the Federal assistance provided or to be provided under this subsection is less than $75,000,000;
and
(ii) the total estimated net capital cost is less than
$300,000,000.
(2) GENERAL AUTHORITY.—The Secretary may make grants
under this subsection to States and local governmental authorities to assist in financing—
(A) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the
initial acquisition of rolling stock for the system, the
acquisition of rights-of-way, and relocation, for projects in
the advanced stages of planning and design; and
(B) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-ofway, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of
rolling stock associated with corridor improvements
increasing capacity, construction of infill stations, and such
other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an
existing fixed guideway system corridor by not less than
10 percent. Core capacity improvement projects do not
include elements to improve general station facilities or
parking, or acquisition of rolling stock alone.
(3) GRANT REQUIREMENTS.—

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(A) IN GENERAL.—The Secretary may make not more
than 8 grants under this subsection for eligible projects
if the Secretary determines that—
(i) the eligible project is part of an approved
transportation plan required under sections 5303 and
5304 of title 49, United States Code;
(ii) the applicant has, or will have—
(I) the legal, financial, and technical capacity
to carry out the eligible project, including the
safety and security aspects of the eligible project;
(II) satisfactory continuing control over the use
of the equipment or facilities;
(III) the technical and financial capacity to
maintain new and existing equipment and facilities; and
(IV) advisors providing guidance to the
applicant on the terms and structure of the project
that are independent from investors in the project;
(iii) the eligible project is supported, or will be
supported, in part, through a public-private partnership, provided such support is determined by local
policies, criteria, and decisionmaking under section
5306(a) of title 49, United States Code;
(iv) the eligible project is justified based on findings
presented by the project sponsor to the Secretary,
including—
(I) mobility improvements attributable to the
project;
(II) environmental benefits associated with the
project;
(III) congestion relief associated with the
project;
(IV) economic development effects derived as
a result of the project; and
(V) estimated ridership projections;
(v) the eligible project is supported by an acceptable degree of local financial commitment (including
evidence of stable and dependable financing sources);
and
(vi) the eligible project will be operated and maintained by employees of an existing provider of fixed
guideway or bus rapid transit public transportation
in the service area of the project, or if none exists,
by employees of an existing public transportation provider in the service area.
(B) CERTIFICATION.—An applicant that has submitted
the certifications required under subparagraphs (A), (B),
(C), and (H) of section 5307(c)(1) of title 49, United States
Code, shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this paragraph.
(C) TECHNICAL CAPACITY.—The Secretary shall use an
expedited technical capacity review process for applicants
that have recently and successfully completed not less than
1 new fixed guideway capital project, small start project,
or core capacity improvement project, if—

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129 STAT. 1457

(i) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with
or better than projections; and
(ii) the applicant demonstrates that the applicant
continues to have the staff expertise and other
resources necessary to implement a new project.
(D) FINANCIAL COMMITMENT.—
(i) REQUIREMENTS.—In determining whether an
eligible project is supported by an acceptable degree
of local financial commitment and shows evidence of
stable and dependable financing sources for purposes
of subparagraph (A)(v), the Secretary shall require
that—
(I) each proposed source of capital and operating financing is stable, reliable, and available
within the proposed eligible project timetable; and
(II) resources are available to recapitalize,
maintain, and operate the overall existing and proposed public transportation system, including
essential feeder bus and other services necessary,
without degradation to the existing level of public
transportation services.
(ii) CONSIDERATIONS.—In assessing the stability,
reliability, and availability of proposed sources of
financing under clause (i), the Secretary shall consider—
(I) the reliability of the forecasting methods
used to estimate costs and revenues made by the
applicant and the contractors to the applicant;
(II) existing grant commitments;
(III) the degree to which financing sources
are dedicated to the proposed eligible project;
(IV) any debt obligation that exists or is proposed by the applicant, for the proposed eligible
project or other public transportation purpose; and
(V) private contributions to the eligible project,
including cost-effective project delivery, management or transfer of project risks, expedited project
schedule, financial partnering, and other publicprivate partnership strategies.
(E) LABOR STANDARDS.—The requirements under section 5333 of title 49, United States Code, shall apply to
each recipient of a grant under this subsection.
(4) PROJECT ADVANCEMENT.—An applicant that desires a
grant under this subsection and meets the requirements of
paragraph (3) shall submit to the Secretary, and the Secretary
shall approve for advancement, a grant request that contains—
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction
and operation of the eligible project;
(C) an analysis of the efficiencies of the proposed
eligible project development and delivery methods and
innovative financing arrangement for the eligible project,
including any documents related to the—
(i) public-private partnership required under paragraph (3)(A)(iii); and

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PUBLIC LAW 114–94—DEC. 4, 2015
(ii) project justification required under paragraph
(3)(A)(iv); and
(D) a certification that the existing public transportation system of the applicant or, in the event that the
applicant does not operate a public transportation system,
the public transportation system to which the proposed
project will be attached, is in a state of good repair.
(5) WRITTEN NOTICE FROM THE SECRETARY.—
(A) IN GENERAL.—Not later than 120 days after the
date on which the Secretary receives a grant request of
an applicant under paragraph (4), the Secretary shall provide written notice to the applicant—
(i) of approval of the grant request; or
(ii) if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant
request, including a detailed explanation of the reasons
for the disapproval.
(B) CONCURRENT NOTICE.—The Secretary shall provide
concurrent notice of an approval or disapproval of a grant
request under subparagraph (A) to the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.
(6) WAIVER.—The Secretary may grant a waiver to an
applicant that does not comply with paragraph (4)(D) if—
(A) the eligible project meets the definition of a core
capacity improvement project; and
(B) the Secretary certifies that the eligible project will
allow the applicant to make substantial progress in
achieving a state of good repair.
(7) SELECTION CRITERIA.—The Secretary may enter into
a full funding grant agreement with an applicant under this
subsection for an eligible project for which an application has
been submitted and approved for advancement by the Secretary
under paragraph (4), only if the applicant has completed the
planning and activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(8) LETTERS OF INTENT AND FULL FUNDING GRANT AGREEMENTS.—
(A) LETTERS OF INTENT.—
(i) AMOUNTS INTENDED TO BE OBLIGATED.—The
Secretary may issue a letter of intent to an applicant
announcing an intention to obligate, for an eligible
project under this subsection, an amount from future
available budget authority specified in law that is not
more than the amount stipulated as the financial
participation of the Secretary in the eligible project.
When a letter is issued for an eligible project under
this subsection, the amount shall be sufficient to complete at least an operable segment.
(ii) TREATMENT.—The issuance of a letter under
clause (i) is deemed not to be an obligation under
section 1108(c), 1501, or 1502(a) of title 31, United
States Code, or an administrative commitment.
(B) FULL FUNDING GRANT AGREEMENTS.—

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129 STAT. 1459

(i) IN GENERAL.—Except as provided in clause (v),
an eligible project shall be carried out under this subsection through a full funding grant agreement.
(ii) CRITERIA.—The Secretary shall enter into a
full funding grant agreement, based on the requirements of this subparagraph, with each applicant
receiving assistance for an eligible project that has
received a written notice of approval under paragraph
(5)(A)(i).
(iii) TERMS.—A full funding grant agreement
shall—
(I) establish the terms of participation by the
Federal Government in the eligible project;
(II) establish the maximum amount of Federal
financial assistance for the eligible project;
(III) include the period of time for completing
construction of the eligible project, consistent with
the terms of the public-private partnership agreement, even if that period extends beyond the period
of an authorization; and
(IV) make timely and efficient management
of the eligible project easier according to the law
of the United States.
(iv) SPECIAL FINANCIAL RULES.—
(I) IN GENERAL.—A full funding grant agreement under this subparagraph obligates an
amount of available budget authority specified in
law and may include a commitment, contingent
on amounts to be specified in law in advance for
commitments under this subparagraph, to obligate
an additional amount from future available budget
authority specified in law.
(II) STATEMENT OF CONTINGENT COMMITMENT.—A full funding grant agreement shall state
that the contingent commitment is not an obligation of the Federal Government.
(III) INTEREST AND OTHER FINANCING COSTS.—
Interest and other financing costs of efficiently
carrying out a part of the eligible project within
a reasonable time are a cost of carrying out the
eligible project under a full funding grant agreement, except that eligible costs may not be more
than the cost of the most favorable financing terms
reasonably available for the eligible project at the
time of borrowing. The applicant shall certify, in
a way satisfactory to the Secretary, that the
applicant has shown reasonable diligence in
seeking the most favorable financing terms.
(IV) COMPLETION OF OPERABLE SEGMENT.—The
amount stipulated in an agreement under this
subparagraph for a new fixed guideway capital
project, core capacity improvement project, or
small start project shall be sufficient to complete
at least an operable segment.
(v) EXCEPTION.—
(I) IN GENERAL.—The Secretary, to the maximum extent practicable, shall provide Federal

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PUBLIC LAW 114–94—DEC. 4, 2015
assistance under this subsection for a small start
project in a single grant. If the Secretary cannot
provide such a single grant, the Secretary may
execute an expedited grant agreement in order
to include a commitment on the part of the Secretary to provide funding for the project in future
fiscal years.
(II) TERMS OF EXPEDITED GRANT AGREEMENTS.—In executing an expedited grant agreement under this clause, the Secretary may include
in the agreement terms similar to those established under clause (iii).
(C) LIMITATION ON AMOUNTS.—
(i) IN GENERAL.—The Secretary may enter into
full funding grant agreements under this paragraph
for eligible projects that contain contingent commitments to incur obligations in such amounts as the
Secretary determines are appropriate.
(ii) APPROPRIATION REQUIRED.—An obligation may
be made under this paragraph only when amounts
are appropriated for obligation.
(D) NOTIFICATION TO CONGRESS.—
(i) IN GENERAL.—Not later than 30 days before
the date on which the Secretary issues a letter of
intent or enters into a full funding grant agreement
for an eligible project under this paragraph, the Secretary shall notify, in writing, the Committee on
Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives of the proposed letter of intent or full
funding grant agreement.
(ii) CONTENTS.—The written notification under
clause (i) shall include a copy of the proposed letter
of intent or full funding grant agreement for the
eligible project.
(9) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.—
(A) IN GENERAL.—A grant for an eligible project shall
not exceed 25 percent of the net capital project cost.
(B) REMAINDER OF NET CAPITAL PROJECT COST.—The
remainder of the net capital project cost shall be provided
from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.
(C) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this subsection shall be construed as authorizing
the Secretary to require a non-Federal financial commitment for a project that is more than 75 percent of the
net capital project cost.
(D) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addition to amounts allowed pursuant to subparagraph (A),
a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased if
the applicant satisfies the Secretary that only amounts
other than amounts provided by the Federal Government
were used and that the purchase was made for use on
the extension. A refund or reduction of the remainder may

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129 STAT. 1461

be made only if a refund of a proportional amount of
the grant of the Federal Government is made at the same
time.
(E) FAILURE TO CARRY OUT PROJECT.—If an applicant
does not carry out an eligible project for reasons within
the control of the applicant, the applicant shall repay all
Federal funds awarded for the eligible project from all
Federal funding sources, for all eligible project activities,
facilities, and equipment, plus reasonable interest and penalty charges allowable by law.
(F) CREDITING OF FUNDS RECEIVED.—Any funds
received by the Federal Government under this paragraph,
other than interest and penalty charges, shall be credited
to the appropriation account from which the funds were
originally derived.
(10) AVAILABILITY OF AMOUNTS.—
(A) IN GENERAL.—An amount made available for an
eligible project shall remain available to that eligible project
for 4 fiscal years, including the fiscal year in which the
amount is made available. Any amounts that are unobligated to the eligible project at the end of the 4-fiscalyear period may be used by the Secretary for any purpose
under this subsection.
(B) USE OF DEOBLIGATED AMOUNTS.—An amount available under this subsection that is deobligated may be used
for any purpose under this subsection.
(11) ANNUAL REPORT ON EXPEDITED PROJECT DELIVERY FOR
CAPITAL INVESTMENT GRANTS.—Not later than the first Monday
in February of each year, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes a proposed amount to be available to finance grants
for anticipated projects under this subsection.
(12) BEFORE AND AFTER STUDY AND REPORT.—
(A) STUDY REQUIRED.—Each recipient shall conduct a
study that—
(i) describes and analyzes the impacts of the
eligible project on public transportation services and
public transportation ridership;
(ii) describes and analyzes the consistency of predicted and actual benefits and costs of the innovative
project development and delivery methods or innovative financing for the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) SUBMISSION OF REPORT.—Not later than 2 years
after an eligible project that is selected under this subsection begins revenue operations, the recipient shall
submit to the Secretary a report on the results of the
study conducted under subparagraph (A).
(13) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to—
(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding
under this subsection;

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(B) revise the determinations by local policies, criteria,
and decisionmaking under section 5306(a) of title 49,
United States Code;
(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or
(D) alter the eligibilities or priorities for assistance
under this subsection or section 5309 of title 49, United
States Code.

SEC. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES.

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(a) IN GENERAL.—Section 5310 of title 49, United States Code,
is amended—
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
‘‘(1) RECIPIENT.—The term ‘recipient’ means—
‘‘(A) a designated recipient or a State that receives
a grant under this section directly; or
‘‘(B) a State or local governmental entity that operates
a public transportation service.’’; and
(2) by adding at the end the following:
‘‘(i) BEST PRACTICES.—The Secretary shall collect from, review,
and disseminate to public transportation agencies—
‘‘(1) innovative practices;
‘‘(2) program models;
‘‘(3) new service delivery options;
‘‘(4) findings from activities under subsection (h); and
‘‘(5) transit cooperative research program reports.’’.
(b) PILOT PROGRAM FOR INNOVATIVE COORDINATED ACCESS AND
MOBILITY.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘eligible project’’ has the meaning given
the term ‘‘capital project’’ in section 5302 of title 49, United
States Code; and
(B) the term ‘‘eligible recipient’’ means a recipient or
subrecipient, as those terms are defined in section 5310
of title 49, United States Code.
(2) GENERAL AUTHORITY.—The Secretary may make grants
under this subsection to eligible recipients to assist in financing
innovative projects for the transportation disadvantaged that
improve the coordination of transportation services and nonemergency medical transportation services, including—
(A) the deployment of coordination technology;
(B) projects that create or increase access to community
One-Call/One-Click Centers; and
(C) such other projects as determined appropriate by
the Secretary.
(3) APPLICATION.—An eligible recipient shall submit to the
Secretary an application that, at a minimum, contains—
(A) a detailed description of the eligible project;
(B) an identification of all eligible project partners
and their specific role in the eligible project, including—
(i) private entities engaged in the coordination of
nonemergency medical transportation services for the
transportation disadvantaged; or

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(ii) nonprofit entities engaged in the coordination
of nonemergency medical transportation services for
the transportation disadvantaged;
(C) a description of how the eligible project would—
(i) improve local coordination or access to coordinated transportation services;
(ii) reduce duplication of service, if applicable; and
(iii) provide innovative solutions in the State or
community; and
(D) specific performance measures the eligible project
will use to quantify actual outcomes against expected outcomes.
(4) REPORT.—The Secretary shall make publicly available
an annual report on the pilot program carried out under this
subsection for each fiscal year, not later than December 31
of the calendar year in which that fiscal year ends. The report
shall include a detailed description of the activities carried
out under the pilot program, and an evaluation of the program,
including an evaluation of the performance measures described
in paragraph (3)(D).
(5) GOVERNMENT SHARE OF COSTS.—
(A) IN GENERAL.—The Government share of the cost
of an eligible project carried out under this subsection
shall not exceed 80 percent.
(B) NON-GOVERNMENT SHARE.—The non-Government
share of the cost of an eligible project carried out under
this subsection may be derived from in-kind contributions.
(6) RULE OF CONSTRUCTION.—For purposes of this subsection, nonemergency medical transportation services shall be
limited to services eligible under Federal programs other than
programs authorized under chapter 53 of title 49, United States
Code.
(c) COORDINATED MOBILITY.—
(1) DEFINITIONS.—In this subsection, the following definitions apply:
(A) ALLOCATED COST MODEL.—The term ‘‘allocated cost
model’’ means a method of determining the cost of trips
by allocating the cost to each trip purpose served by a
transportation provider in a manner that is proportional
to the level of transportation service that the transportation
provider delivers for each trip purpose, to the extent permitted by applicable Federal laws.
(B) COUNCIL.—The term ‘‘Council’’ means the Interagency Transportation Coordinating Council on Access and
Mobility established under Executive Order No. 13330 (49
U.S.C. 101 note).
(2) STRATEGIC PLAN.—Not later than 1 year after the date
of enactment of this Act, the Council shall publish a strategic
plan for the Council that—
(A) outlines the role and responsibilities of each Federal agency with respect to local transportation coordination, including nonemergency medical transportation;
(B) identifies a strategy to strengthen interagency
collaboration;
(C) addresses any outstanding recommendations made
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to the implementation of Executive Order No. 13330,
including—
(i) a cost-sharing policy endorsed by the Council;
and
(ii) recommendations to increase participation by
recipients of Federal grants in locally developed, coordinated planning processes;
(D) to the extent feasible, addresses recommendations
by the Comptroller General concerning local coordination
of transportation services;
(E) examines and proposes changes to Federal regulations that will eliminate Federal barriers to local transportation coordination, including non-emergency medical
transportation; and
(F) recommends to Congress changes to Federal laws,
including chapter 7 of title 42, United States Code, that
will eliminate Federal barriers to local transportation
coordination, including nonemergency medical transportation.
(3) DEVELOPMENT OF COST-SHARING POLICY IN COMPLIANCE
WITH APPLICABLE FEDERAL LAWS.—In establishing the costsharing policy required under paragraph (2), the Council may
consider, to the extent practicable—
(A) the development of recommended strategies for
grantees of programs funded by members of the Council,
including strategies for grantees of programs that fund
nonemergency medical transportation, to use the costsharing policy in a manner that does not violate applicable
Federal laws; and
(B) incorporation of an allocated cost model to facilitate
local coordination efforts that comply with applicable
requirements of programs funded by members of the
Council, such as—
(i) eligibility requirements;
(ii) service delivery requirements; and
(iii) reimbursement requirements.
(4) REPORT.—The Council shall, concurrently with submission to the President of a report containing final recommendations of the Council, transmit such report to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.

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SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.

(a) IN GENERAL.—Section 5311 of title 49, United States Code,
is amended—
(1) in subsection (c)(1), by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) $5,000,000 for each fiscal year shall be distributed
on a competitive basis by the Secretary.
‘‘(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).’’;
(2) in subsection (g)(3)—
(A) by redesignating subparagraphs (A) through (D)
as subparagraphs (C) through (F), respectively;
(B) by inserting before subparagraph (C) (as so redesignated) the following:

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‘‘(A) may be provided in cash from non-Government
sources;
‘‘(B) may be provided from revenues from the sale
of advertising and concessions;’’;
(C) in subparagraph (F) (as so redesignated) by
inserting ‘‘, including all operating and capital costs of
such service whether or not offset by revenue from such
service,’’ after ‘‘the costs of a private operator for the unsubsidized segment of intercity bus service’’; and
(3) in subsection (j)(1)—
(A) in subparagraph (A)(iii), by striking ‘‘(as defined
by the Bureau of the Census)’’ and inserting ‘‘(American
Indian Areas, Alaska Native Areas, and Hawaiian Home
Lands, as defined by the Bureau of the Census)’’; and
(B) by adding at the end the following:
‘‘(E) ALLOCATION BETWEEN MULTIPLE INDIAN TRIBES.—
If more than 1 Indian tribe provides public transportation
service on tribal lands in a single Tribal Statistical Area,
and the Indian tribes do not determine how to allocate
the funds apportioned under clause (iii) of subparagraph
(A) between the Indian tribes, the Secretary shall allocate
the funds so that each Indian tribe shall receive an amount
equal to the total amount apportioned under such clause
(iii) multiplied by the ratio of the number of annual
unlinked passenger trips provided by each Indian tribe,
as reported to the National Transit Database, to the total
unlinked passenger trips provided by all Indian tribes in
the Tribal Statistical Area.’’.
(b) CONFORMING AMENDMENTS.—Section 5311 of such title is
further amended—
(1) in subsection (b) by striking ‘‘5338(a)(2)(E)’’ and
inserting ‘‘5338(a)(2)(F)’’;
(2) in subsection (c)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘5338(a)(2)(E)’’ and inserting
‘‘5338(a)(2)(F)’’;
(B) in paragraph (2)(C), by striking ‘‘5338(a)(2)(E)’’ and
inserting ‘‘5338(a)(2)(F)’’; and
(C) in paragraph (3)(A), by striking ‘‘5338(a)(2)(E)’’ and
inserting ‘‘5338(a)(2)(F)’’.
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.

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(a) CONSOLIDATION OF PROGRAMS.—Section 5312 of title 49,
United States Code, is amended—
(1) by striking the section designation and heading and
inserting the following:
‘‘§ 5312. Public transportation innovation’’;
(2) by redesignating subsections (a) through (f) as subsections (b) through (g), respectively;
(3) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) IN GENERAL.—The Secretary shall provide assistance for
projects and activities to advance innovative public transportation
research and development in accordance with the requirements
of this section.’’;
(4) in subsection (e) (as so redesignated)—

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PUBLIC LAW 114–94—DEC. 4, 2015
(A) in paragraph (3)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘demonstration, deployment, or evaluation’’
before ‘‘project that’’;
(ii) in subparagraph (A), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; or’’; and
(iv) by adding at the end the following:
‘‘(C) the deployment of low or no emission vehicles,
zero emission vehicles, or associated advanced technology.’’;
and
(B) by striking paragraph (5) and inserting the following:
‘‘(5) PROHIBITION.—The Secretary may not make grants
under this subsection for the demonstration, deployment, or
evaluation of a vehicle that is in revenue service unless the
Secretary determines that the project makes significant technological advancements in the vehicle.
‘‘(6) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘direct carbon emissions’ means the
quantity of direct greenhouse gas emissions from a vehicle,
as determined by the Administrator of the Environmental
Protection Agency;
‘‘(B) the term ‘low or no emission vehicle’ means—
‘‘(i) a passenger vehicle used to provide public
transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
‘‘(ii) a zero emission vehicle used to provide public
transportation; and
‘‘(C) the term ‘zero emission vehicle’ means a low or
no emission vehicle that produces no carbon or particulate
matter.’’;
(5) by adding at the end the following:
‘‘(h) LOW OR NO EMISSION VEHICLE COMPONENT ASSESSMENT.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘covered institution of higher education’
means an institution of higher education with which the
Secretary enters into a contract or cooperative agreement,
or to which the Secretary makes a grant, under paragraph
(2)(B) to operate a facility selected under paragraph (2)(A);
‘‘(B) the terms ‘direct carbon emissions’ and ‘low or
no emission vehicle’ have the meanings given those terms
in subsection (e)(6);
‘‘(C) the term ‘institution of higher education’ has the
meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
‘‘(D) the term ‘low or no emission vehicle component’
means an item that is separately installed in and removable
from a low or no emission vehicle.
‘‘(2) ASSESSING LOW OR NO EMISSION VEHICLE COMPONENTS.—
‘‘(A) IN GENERAL.—The Secretary shall competitively
select at least one facility to conduct testing, evaluation,

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129 STAT. 1467

and analysis of low or no emission vehicle components
intended for use in low or no emission vehicles.
‘‘(B) OPERATION AND MAINTENANCE.—
‘‘(i) IN GENERAL.—The Secretary shall enter into
a contract or cooperative agreement with, or make
a grant to, at least one institution of higher education
to operate and maintain a facility selected under
subparagraph (A).
‘‘(ii) REQUIREMENTS.—An institution of higher education described in clause (i) shall have—
‘‘(I) capacity to carry out transportationrelated advanced component and vehicle evaluation;
‘‘(II) laboratories capable of testing and evaluation; and
‘‘(III) direct access to or a partnership with
a testing facility capable of emulating real-world
circumstances in order to test low or no emission
vehicle components installed on the intended
vehicle.
‘‘(C) FEES.—A covered institution of higher education
shall establish and collect fees, which shall be approved
by the Secretary, for the assessment of low or no emission
vehicle components at the applicable facility selected under
subparagraph (A).
‘‘(D) AVAILABILITY OF AMOUNTS TO PAY FOR ASSESSMENT.—The Secretary shall enter into a contract or
cooperative agreement with, or make a grant to an institution of higher education under which—
‘‘(i) the Secretary shall pay 50 percent of the cost
of assessing a low or no emission vehicle component
at the applicable facility selected under subparagraph
(A) from amounts made available to carry out this
section; and
‘‘(ii) the remaining 50 percent of such cost shall
be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).
‘‘(E) VOLUNTARY TESTING.—A manufacturer of a low
or no emission vehicle component is not required to assess
the low or no emission vehicle component at a facility
selected under subparagraph (A).
‘‘(F) COMPLIANCE WITH SECTION 5318.—Notwithstanding
whether a low or no emission vehicle component is assessed
at a facility selected under subparagraph (A), each new
bus model shall comply with the requirements under section 5318.
‘‘(G) SEPARATE FACILITY.—A facility selected under
subparagraph (A) shall be separate and distinct from the
facility operated and maintained under section 5318.
‘‘(3) LOW OR NO EMISSION VEHICLE COMPONENT PERFORMANCE REPORTS.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and
annually thereafter, the Secretary shall issue a report on low
or no emission vehicle component assessments conducted at
each facility selected under paragraph (2)(A), which shall
include information related to the maintainability, reliability,

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performance, structural integrity, efficiency, and noise of those
low or no emission vehicle components.
‘‘(4) PUBLIC AVAILABILITY OF ASSESSMENTS.—Each assessment conducted at a facility selected under paragraph (2)(A)
shall be made publicly available, including to affected industries.
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to require—
‘‘(A) a low or no emission vehicle component to be
tested at a facility selected under paragraph (2)(A); or
‘‘(B) the development or disclosure of a privately funded
component assessment.’’.
(6) in subsection (f) (as so redesignated)—
(A) by striking ‘‘(f)’’ and all that follows before paragraph (1) and inserting the following:
‘‘(g) ANNUAL REPORT ON RESEARCH.—Not later than the first
Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—’’; and
(B) in paragraph (1) by adding ‘‘and’’ at the end;
(C) in paragraph (2) by striking ‘‘; and’’ and inserting
a period; and
(D) by striking paragraph (3); and
(7) by adding at the end the following:
‘‘(i) TRANSIT COOPERATIVE RESEARCH PROGRAM.—
‘‘(1) IN GENERAL.—The amounts made available under section 5338(a)(2)(G)(ii) are available for a public transportation
cooperative research program.
‘‘(2) INDEPENDENT GOVERNING BOARD.—
‘‘(A) ESTABLISHMENT.—The Secretary shall establish
an independent governing board for the program under
this subsection.
‘‘(B) RECOMMENDATIONS.—The board shall recommend
public transportation research, development, and technology transfer activities the Secretary considers appropriate.
‘‘(3) FEDERAL ASSISTANCE.—The Secretary may make grants
to, and enter into cooperative agreements with, the National
Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate.
‘‘(4) GOVERNMENT SHARE OF COSTS.—If there would be a
clear and direct financial benefit to an entity under a grant
or contract financed under this subsection, the Secretary shall
establish a Government share consistent with that benefit.
‘‘(5) LIMITATION ON APPLICABILITY.—Subsections (f) and (g)
shall not apply to activities carried out under this subsection.’’.
(b) CONFORMING AMENDMENTS.—Section 5312 of such title (as
amended by subsection (a) of this section) is further amended—
(1) in subsection (c)(1) by striking ‘‘subsection (a)(2)’’ and
inserting ‘‘subsection (b)(2)’’;
(2) in subsection (d)—
(A) in paragraph (1) by striking ‘‘subsection (a)(2)’’
and inserting ‘‘subsection (b)(2)’’; and
(B) in paragraph (2)(A) by striking ‘‘subsection (b)’’
and inserting ‘‘subsection (c)’’;

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129 STAT. 1469

(3) in subsection (e)(2) in each of subparagraphs (A) and
(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection
(b)(2)’’; and
(4) in subsection (f)(2) by striking ‘‘subsection (d)(4)’’ and
inserting ‘‘subsection (e)(4)’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 53 of such
title is amended by striking the item relating to section 5312
and inserting the following:

49 USC
prec. 5301.

‘‘5312. Public transportation innovation.’’.
SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

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(a) IN GENERAL.—Section 5314 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5314. Technical assistance and workforce development
‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS.—
‘‘(1) TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.—
‘‘(A) IN GENERAL.—The Secretary may make grants
and enter into contracts, cooperative agreements, and other
agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry
out activities that the Secretary determines will assist
recipients of assistance under this chapter to—
‘‘(i) more effectively and efficiently provide public
transportation service;
‘‘(ii) administer funds received under this chapter
in compliance with Federal law; and
‘‘(iii) improve public transportation.
‘‘(B) ELIGIBLE ACTIVITIES.—The activities carried out
under subparagraph (A) may include—
‘‘(i) technical assistance; and
‘‘(ii) the development of voluntary and consensusbased standards and best practices by the public
transportation industry, including standards and best
practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security,
asset management to maintain a state of good repair,
operations, maintenance, vehicle propulsion, communications, and vehicle electronics.
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, through a
competitive bid process, may enter into contracts, cooperative
agreements, and other agreements with national nonprofit
organizations that have the appropriate demonstrated capacity
to provide public-transportation-related technical assistance
under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist
providers of public transportation to—
‘‘(A) comply with the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education,
and other activities related to complying with such Act;
‘‘(B) comply with human services transportation
coordination requirements and to enhance the coordination
of Federal resources for human services transportation with

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129 STAT. 1470

PUBLIC LAW 114–94—DEC. 4, 2015
those of the Department of Transportation through technical assistance, training, and support services related to
complying with such requirements;
‘‘(C) meet the transportation needs of elderly individuals;
‘‘(D) increase transit ridership in coordination with
metropolitan planning organizations and other entities
through development around public transportation stations
through technical assistance and the development of tools,
guidance, and analysis related to market-based development around transit stations;
‘‘(E) address transportation equity with regard to the
effect that transportation planning, investment, and operations have for low-income and minority individuals;
‘‘(F) facilitate best practices to promote bus driver
safety;
‘‘(G) meet the requirements of sections 5323(j) and
5323(m);
‘‘(H) assist with the development and deployment of
low or no emission vehicles (as defined in section 5339(c)(1))
or low or no emission vehicle components (as defined in
section 5312(h)(1)); and
‘‘(I) any other technical assistance activity that the
Secretary determines is necessary to advance the interests
of public transportation.
‘‘(3) ANNUAL REPORT ON TECHNICAL ASSISTANCE.—Not later
than the first Monday in February of each year, the Secretary
shall submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate
and the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a
report that includes—
‘‘(A) a description of each project that received assistance under this subsection during the preceding fiscal year;
‘‘(B) an evaluation of the activities carried out by each
organization that received assistance under this subsection
during the preceding fiscal year;
‘‘(C) a proposal for allocations of amounts for assistance
under this subsection for the subsequent fiscal year; and
‘‘(D) measurable outcomes and impacts of the programs
funded under subsections (b) and (c).
‘‘(4) GOVERNMENT SHARE OF COSTS.—
‘‘(A) IN GENERAL.—The Government share of the cost
of an activity carried out using a grant under this subsection may not exceed 80 percent.
‘‘(B) NON-GOVERNMENT SHARE.—The non-Government
share of the cost of an activity carried out using a grant
under this subsection may be derived from in-kind contributions.
‘‘(b) HUMAN RESOURCES AND TRAINING.—
‘‘(1) IN GENERAL.—The Secretary may undertake, or make
grants and contracts for, programs that address human
resource needs as they apply to public transportation activities.
A program may include—
‘‘(A) an employment training program;

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129 STAT. 1471

‘‘(B) an outreach program to increase employment for
veterans, females, individuals with a disability, minorities
(including American Indians or Alaska Natives, Asian,
Black or African Americans, native Hawaiians or other
Pacific Islanders, and Hispanics) in public transportation
activities;
‘‘(C) research on public transportation personnel and
training needs;
‘‘(D) training and assistance for veteran and minority
business opportunities; and
‘‘(E) consensus-based national training standards and
certifications in partnership with industry stakeholders.
‘‘(2) INNOVATIVE PUBLIC TRANSPORTATION FRONTLINE
WORKFORCE DEVELOPMENT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under paragraph
(1).
‘‘(B) ELIGIBLE PROGRAMS.—A program eligible for
assistance under paragraph (1) shall—
‘‘(i) develop apprenticeships, on-the-job training,
and instructional training for public transportation
maintenance and operations occupations;
‘‘(ii) build local, regional, and statewide public
transportation training partnerships with local public
transportation operators, labor union organizations,
workforce development boards, and State workforce
agencies to identify and address workforce skill gaps;
‘‘(iii) improve safety, security, and emergency
preparedness in local public transportation systems
through improved safety culture and workforce communication with first responders and the riding public;
and
‘‘(iv) address current or projected workforce shortages by developing partnerships with high schools,
community colleges, and other community organizations.
‘‘(C) SELECTION OF RECIPIENTS.—To the maximum
extent feasible, the Secretary shall select recipients that—
‘‘(i) are geographically diverse;
‘‘(ii) address the workforce and human resources
needs of large public transportation providers;
‘‘(iii) address the workforce and human resources
needs of small public transportation providers;
‘‘(iv) address the workforce and human resources
needs of urban public transportation providers;
‘‘(v) address the workforce and human resources
needs of rural public transportation providers;
‘‘(vi) advance training related to maintenance of
low or no emission vehicles and facilities used in public
transportation;
‘‘(vii) target areas with high rates of unemployment;
‘‘(viii) advance opportunities for minorities, women,
veterans, individuals with disabilities, low-income
populations, and other underserved populations; and

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
‘‘(D) PROGRAM OUTCOMES.—A recipient of assistance
under this subsection shall demonstrate outcomes for any
program that includes skills training, on-the-job training,
and work-based learning, including—
‘‘(i) the impact on reducing public transportation
workforce shortages in the area served;
‘‘(ii) the diversity of training participants;
‘‘(iii) the number of participants obtaining certifications or credentials required for specific types of
employment;
‘‘(iv) employment outcomes, including job placement, job retention, and wages, using performance
metrics established in consultation with the Secretary
and the Secretary of Labor and consistent with metrics
used by programs under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.); and
‘‘(v) to the extent practical, evidence that the program did not preclude workers who are participating
in skills training, on-the-job training, and work-based
learning from being referred to, or hired on, projects
funded under this chapter without regard to the length
of time of their participation in the program.
‘‘(E) REPORT TO CONGRESS.—The Secretary shall make
publicly available a report on the Frontline Workforce
Development Program for each fiscal year, not later than
December 31 of the calendar year in which that fiscal
year ends. The report shall include a detailed description
of activities carried out under this paragraph, an evaluation
of the program, and policy recommendations to improve
program effectiveness.
‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The Government
share of the cost of a project carried out using a grant under
paragraph (1) or (2) shall be 50 percent.
‘‘(4) AVAILABILITY OF AMOUNTS.—Not more than 0.5 percent
of amounts made available to a recipient under sections 5307,
5337, and 5339 is available for expenditures by the recipient,
with the approval of the Secretary, to pay not more than
80 percent of the cost of eligible activities under this subsection.
‘‘(c) NATIONAL TRANSIT INSTITUTE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a
national transit institute and award grants to a public 4-year
degree-granting institution of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), in order to carry out the duties of the institute.
‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—In cooperation with the Federal
Transit Administration, State transportation departments,
public transportation authorities, and national and international entities, the institute established under paragraph
(1) shall develop and conduct training and educational
programs for Federal, State, and local transportation
employees, United States citizens, and foreign nationals

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engaged or to be engaged in Government-aid public
transportation work.
‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.—The
training and educational programs developed under
subparagraph (A) may include courses in recent developments, techniques, and procedures related to—
‘‘(i) intermodal and public transportation planning;
‘‘(ii) management;
‘‘(iii) environmental factors;
‘‘(iv) acquisition and joint use rights-of-way;
‘‘(v) engineering and architectural design;
‘‘(vi) procurement strategies for public transportation systems;
‘‘(vii) turnkey approaches to delivering public
transportation systems;
‘‘(viii) new technologies;
‘‘(ix) emission reduction technologies;
‘‘(x) ways to make public transportation accessible
to individuals with disabilities;
‘‘(xi) construction, construction management,
insurance, and risk management;
‘‘(xii) maintenance;
‘‘(xiii) contract administration;
‘‘(xiv) inspection;
‘‘(xv) innovative finance;
‘‘(xvi) workplace safety; and
‘‘(xvii) public transportation security.
‘‘(3) PROVISION FOR EDUCATION AND TRAINING.—Education
and training of Government, State, and local transportation
employees under this subsection shall be provided—
‘‘(A) by the Secretary at no cost to the States and
local governments for subjects that are a Government program responsibility; or
‘‘(B) when the education and training are paid under
paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the
institute.
‘‘(4) AVAILABILITY OF AMOUNTS.—
‘‘(A) IN GENERAL.—Not more than 0.5 percent of
amounts made available to a recipient under sections 5307,
5337, and 5339 is available for expenditures by the
recipient, with the approval of the Secretary, to pay not
more than 80 percent of the cost of eligible activities under
this subsection.
‘‘(B) EXISTING PROGRAMS.—A recipient may use
amounts made available under subparagraph (A) to carry
out existing local education and training programs for
public transportation employees supported by the Secretary, the Department of Labor, or the Department of
Education.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 53 of such
title is amended by striking the item relating to section 5314
and inserting the following:

49 USC
prec. 5301.

‘‘5314. Technical assistance and workforce development.’’.

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PUBLIC LAW 114–94—DEC. 4, 2015

SEC. 3010. PRIVATE SECTOR PARTICIPATION.

49 USC 5303
note.

(a) IN GENERAL.—Section 5315 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to alter—
‘‘(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or
‘‘(2) the requirements of section 5306(a).’’.
(b) MAP–21 TECHNICAL CORRECTION.—Section 20013(d) of
MAP–21 (Public Law 112–141; 126 Stat. 694) is amended by striking
‘‘5307(c)’’ and inserting ‘‘5307(b)’’.

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SEC. 3011. GENERAL PROVISIONS.

Section 5323 of title 49, United States Code, is amended—
(1) in subsection (h)—
(A) in paragraph (1), by striking ‘‘or’’ at the end;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
‘‘(2) pay incremental costs of incorporating art or nonfunctional landscaping into facilities, including the costs of
an artist on the design team; or’’;
(2) in subsection (j)—
(A) in paragraph (2), by striking subparagraph (C)
and inserting the following:
‘‘(C) when procuring rolling stock (including train control, communication, traction power equipment, and rolling
stock prototypes) under this chapter—
‘‘(i) the cost of components and subcomponents
produced in the United States—
‘‘(I) for fiscal years 2016 and 2017, is more
than 60 percent of the cost of all components of
the rolling stock;
‘‘(II) for fiscal years 2018 and 2019, is more
than 65 percent of the cost of all components of
the rolling stock; and
‘‘(III) for fiscal year 2020 and each fiscal year
thereafter, is more than 70 percent of the cost
of all components of the rolling stock; and
‘‘(ii) final assembly of the rolling stock has occurred
in the United States; or’’;
(B) by redesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively;
(C) by inserting after paragraph (4) the following:
‘‘(5) ROLLING STOCK FRAMES OR CAR SHELLS.—In carrying
out paragraph (2)(C) in the case of a rolling stock procurement
receiving assistance under this chapter in which the average
cost of a rolling stock vehicle in the procurement is more
than $300,000, if rolling stock frames or car shells are not
produced in the United States, the Secretary shall include
in the calculation of the domestic content of the rolling stock
the cost of steel or iron that is produced in the United States
and used in the rolling stock frames or car shells.
‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY AND DISCLOSURE.—
‘‘(A) CERTIFICATION OF DOMESTIC SUPPLY.—If the Secretary denies an application for a waiver under paragraph

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(2), the Secretary shall provide to the applicant a written
certification that—
‘‘(i) the steel, iron, or manufactured goods, as
applicable, (referred to in this subparagraph as the
‘item’) is produced in the United States in a sufficient
and reasonably available amount;
‘‘(ii) the item produced in the United States is
of a satisfactory quality; and
‘‘(iii) includes a list of known manufacturers in
the United States from which the item can be obtained.
‘‘(B) DISCLOSURE.—The Secretary shall disclose the
waiver denial and the written certification to the public
in an easily identifiable location on the website of the
Department of Transportation.’’;
(D) in paragraph (8), as so redesignated, by striking
‘‘Federal Public Transportation Act of 2012’’ and inserting
‘‘Federal Public Transportation Act of 2015’’; and
(E) by inserting after paragraph (11), as so redesignated, the following:
‘‘(12) STEEL AND IRON.—For purposes of this subsection,
steel and iron meeting the requirements of section 661.5(b)
of title 49, Code of Federal Regulations may be considered
produced in the United States.
‘‘(13) DEFINITION OF SMALL PURCHASE.—For purposes of
determining whether a purchase qualifies for a general public
interest waiver under paragraph (2)(A) of this subsection,
including under any regulation promulgated under that paragraph, the term ‘small purchase’ means a purchase of not
more than $150,000.’’;
(3) in subsection (q)(1), by striking the second sentence;
and
(4) by adding at the end the following:
‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR LOCAL SHARE.—
Notwithstanding any other provision of law, a recipient of assistance
under this chapter may use the revenue generated from value
capture financing mechanisms as local matching funds for capital
projects and operating costs eligible under this chapter.
‘‘(t) SPECIAL CONDITION ON CHARTER BUS TRANSPORTATION
SERVICE.—If, in a fiscal year, the Secretary is prohibited by law
from enforcing regulations related to charter bus service under
part 604 of title 49, Code of Federal Regulations, for any transit
agency that during fiscal year 2008 was both initially granted
a 60-day period to come into compliance with such part 604, and
then was subsequently granted an exception from such part—
‘‘(1) the transit agency shall be precluded from receiving
its allocation of urbanized area formula grant funds for such
fiscal year; and
‘‘(2) any amounts withheld pursuant to paragraph (1) shall
be added to the amount that the Secretary may apportion
under section 5336 in the following fiscal year.’’.

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SEC. 3012. PROJECT MANAGEMENT OVERSIGHT.

Section 5327 of title 49, United States Code, is amended—
(1) in subsection (c) by striking ‘‘section 5338(i)’’ and
inserting section ‘‘5338(f)’’ ; and
(2) in subsection (d)—
(A) in paragraph (1)—

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(i) by striking ‘‘section 5338(i)’’ and inserting section 5338(f); and
(ii) by striking ‘‘and’’ at the end; and
(B) by striking paragraph (2) and inserting the following:
‘‘(2) a requirement that oversight—
‘‘(A) begin during the project development phase of
a project, unless the Secretary finds it more appropriate
to begin the oversight during another phase of the project,
to maximize the transportation benefits and cost savings
associated with project management oversight; and
‘‘(B) be limited to quarterly reviews of compliance by
the recipient with the project management plan approved
under subsection (b) unless the Secretary finds that the
recipient requires more frequent oversight because the
recipient has failed to meet the requirements of such plan
and the project may be at risk of going over budget or
becoming behind schedule; and
‘‘(3) a process for recipients that the Secretary has found
require more frequent oversight to return to quarterly reviews
for purposes of paragraph (2)(B).’’.

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SEC. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM.

Section 5329 of title 49, United States Code, is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (C) by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (D) as subparagraph (E); and
(C) by inserting after subparagraph (C) the following:
‘‘(D) minimum safety standards to ensure the safe operation of public transportation systems that—
‘‘(i) are not related to performance standards for
public transportation vehicles developed under
subparagraph (C); and
‘‘(ii) to the extent practicable, take into consideration—
‘‘(I) relevant recommendations of the National
Transportation Safety Board;
‘‘(II) best practices standards developed by the
public transportation industry;
‘‘(III) any minimum safety standards or
performance criteria being implemented across the
public transportation industry;
‘‘(IV) relevant recommendations from the
report under section 3020 of the Federal Public
Transportation Act of 2015; and
‘‘(V) any additional information that the Secretary determines necessary and appropriate;
and’’;
(2) in subsection (e)—
(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
‘‘(8) FEDERAL SAFETY MANAGEMENT.—
‘‘(A) IN GENERAL.—If the Secretary determines that
a State safety oversight program is not being carried out
in accordance with this section, has become inadequate

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to ensure the enforcement of Federal safety regulation,
or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death,
or personal injury, the Secretary shall administer the State
safety oversight program until the eligible State develops
a State safety oversight program certified by the Secretary
in accordance with this subsection.
‘‘(B) TEMPORARY FEDERAL OVERSIGHT.—In making a
determination under subparagraph (A), the Secretary
shall—
‘‘(i) transmit to the eligible State and affected
recipient or recipients, a written explanation of the
determination or subsequent finding, including any
intention to withhold funding under this section, the
amount of funds proposed to be withheld, and if
applicable, a formal notice of a withdrawal of State
safety oversight program approval; and
‘‘(ii) require the State to submit a State safety
oversight program or modification for certification by
the Secretary that meets the requirements of this subsection.
‘‘(C) FAILURE TO CORRECT.—If the Secretary determines
in accordance with subparagraph (A), that a State safety
oversight program or modification required pursuant to
subparagraph (B)(ii), submitted by a State is not sufficient,
the Secretary may—
‘‘(i) withhold funds available under paragraph (6)
in an amount determined by the Secretary;
‘‘(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the
amount required to be appropriated for use in a State
or an urbanized area in the State under section 5307,
until the State safety oversight program or modification has been certified; and
‘‘(iii) use any other authorities authorized under
this chapter considered necessary and appropriate.
‘‘(D) ADMINISTRATIVE AND OVERSIGHT ACTIVITIES.—To
carry out administrative and oversight activities authorized
by this paragraph, the Secretary may use grant funds
apportioned to an eligible State, under paragraph (6), to
develop or carry out a State safety oversight program.’’;
(3) in subsection (f)(2), by inserting ‘‘or the public transportation industry generally’’ after ‘‘recipients’’;
(4) in subsection (g)(1)—
(A) in the matter preceding subparagraph (A) by
striking ‘‘an eligible State, as defined in subsection (e),’’
and inserting ‘‘a recipient’’;
(B) in subparagraph (C) by striking ‘‘and’’ at the end;
(C) in subparagraph (D) by striking the period at the
end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(E) withholding not more than 25 percent of financial
assistance under section 5307.’’;
(5) in subsection (g)(2)(A)—
(A) by inserting after ‘‘funds’’ the following: ‘‘or withhold funds’’; and

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(B) by inserting ‘‘or (1)(E)’’ after ‘‘paragraph (1)(D)’’;
and
(6) by striking subsection (h) and inserting the following:
‘‘(h) RESTRICTIONS AND PROHIBITIONS.—
‘‘(1) RESTRICTIONS AND PROHIBITIONS.—The Secretary shall
issue restrictions and prohibitions by whatever means are
determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit,
or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination
of unsafe conditions and practices, exist such that there is
a substantial risk of death or personal injury.
‘‘(2) NOTICE.—The notice of restriction or prohibition shall
describe the condition or practice, the subsequent risk and
the standards and procedures required to address the restriction or prohibition.
‘‘(3) CONTINUED AUTHORITY.—Nothing in this subsection
shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary
to ensure that the risk has been substantially addressed.’’.

SEC. 3014. APPORTIONMENTS.

Section 5336 of title 49, United States Code, is amended—
(1) in subsection (a) in the matter preceding paragraph
(1) by striking ‘‘subsection (h)(4)’’ and inserting ‘‘subsection
(h)(5)’’;
(2) in subsection (b)(2)(E) by striking ‘‘22.27 percent’’ and
inserting ‘‘27 percent’’; and
(3) in subsection (h)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) $30,000,000 shall be set aside each fiscal year to carry
out section 5307(h);’’; and
(B) by striking paragraph (3) and inserting the following:
‘‘(3) of amounts not apportioned under paragraphs (1) and
(2)—
‘‘(A) for fiscal years 2016 through 2018, 1.5 percent
shall be apportioned to urbanized areas with populations
of less than 200,000 in accordance with subsection (i);
and
‘‘(B) for fiscal years 2019 and 2020, 2 percent shall
be apportioned to urbanized areas with populations of less
than 200,000 in accordance with subsection (i);’’.

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SEC. 3015. STATE OF GOOD REPAIR GRANTS.

(a) IN GENERAL.—Section 5337 of title 49, United States Code,
is amended—
(1) in subsection (c)(2)(B), by inserting ‘‘the provisions of’’
before ‘‘section 5336(b)(1)’’;
(2) in subsection (d)—
(A) in paragraph (2) by inserting ‘‘vehicle’’ after
‘‘motorbus’’; and
(B) by adding at the end the following:
‘‘(5) USE OF FUNDS.—Amounts apportioned under this subsection may be used for any project that is an eligible project
under subsection (b)(1).’’; and
(3) by adding at the end the following:

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‘‘(e) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under
this section shall be for 80 percent of the net project cost
of the project. The recipient may provide additional local
matching amounts.
‘‘(2) REMAINING COSTS.—The remainder of the net project
cost shall be provided—
‘‘(A) in cash from non-Government sources;
‘‘(B) from revenues derived from the sale of advertising
and concessions; or
‘‘(C) from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital.’’.
(b) CONFORMING AMENDMENTS.—Section 5337 of such title is
further amended—
(1) in subsection (c)(1) by striking ‘‘5338(a)(2)(I)’’ and
inserting ‘‘5338(a)(2)(K)’’; and
(2) in subsection (d)(2) by striking ‘‘5338(a)(2)(I)’’ and
inserting ‘‘5338(a)(2)(K)’’.
SEC. 3016. AUTHORIZATIONS.

Section 5338 of title 49, United States Code, is amended to
read as follows:

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‘‘SEC. 5338. AUTHORIZATIONS.

‘‘(a) GRANTS.—
‘‘(1) IN GENERAL.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337,
5339, and 5340, section 20005(b) of the Federal Public
Transportation Act of 2012, and sections 3006(b) of the Federal
Public Transportation Act of 2015—
‘‘(A) $9,347,604,639 for fiscal year 2016;
‘‘(B) $9,534,706,043 for fiscal year 2017;
‘‘(C) $9,733,353,407 for fiscal year 2018;
‘‘(D) $9,939,380,030 for fiscal year 2019; and
‘‘(E) $10,150,348,462 for fiscal year 2020.
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—
‘‘(A) $130,732,000 for fiscal year 2016, $133,398,933
for fiscal year 2017, $136,200,310 for fiscal year 2018,
$139,087,757 for fiscal year 2019, and $142,036,417 for
fiscal year 2020, shall be available to carry out section
5305;
‘‘(B) $10,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 20005(b) of
the Federal Public Transportation Act of 2012;
‘‘(C) $4,538,905,700 for fiscal year 2016, $4,629,683,814
for fiscal year 2017, $4,726,907,174 for fiscal year 2018,
$4,827,117,606 for fiscal year 2019, and $4,929,452,499
for fiscal year 2020 shall be allocated in accordance with
section 5336 to provide financial assistance for urbanized
areas under section 5307;
‘‘(D) $262,949,400 for fiscal year 2016, $268,208,388
for fiscal year 2017, $273,840,764 for fiscal year 2018,
$279,646,188 for fiscal year 2019, and $285,574,688 for
fiscal year 2020 shall be available to provide financial
assistance for services for the enhanced mobility of seniors
and individuals with disabilities under section 5310;

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‘‘(E) $2,000,000 for fiscal year 2016, $3,000,000 for
fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000
for fiscal year 2019 and $3,500,000 for fiscal year 2020
shall be available for the pilot program for innovative
coordinated access and mobility under section 3006(b) of
the Federal Public Transportation Act of 2015;
‘‘(F) $619,956,000 for fiscal year 2016, $632,355,120
for fiscal year 2017, $645,634,578 for fiscal year 2018,
$659,322,031 for fiscal year 2019, and $673,299,658 for
fiscal year 2020 shall be available to provide financial
assistance for rural areas under section 5311, of which
not less than—
‘‘(i) $35,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out section
5311(c)(1); and
‘‘(ii) $20,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out section
5311(c)(2);
‘‘(G) $28,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5312, of which—
‘‘(i) $3,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5312(h);
and
‘‘(ii) $5,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out section
5312(i);
‘‘(H) $9,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5314; of which
$5,000,000 shall be available for the national transit
institute under section 5314(c);
‘‘(I) $3,000,000 for each of fiscal years 2016 through
2020 shall be available for bus testing under section 5318;
‘‘(J) $4,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5335;
‘‘(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000
for fiscal year 2017, $2,593,703,558 for fiscal year 2018,
$2,638,366,859 for fiscal year 2019, and $2,683,798,369
for fiscal year 2020 shall be available to carry out section
5337;
‘‘(L) $427,800,000 for fiscal year 2016, $436,356,000
for fiscal year 2017, $445,519,476 for fiscal year 2018,
$454,964,489 for fiscal year 2019, and $464,609,736 for
fiscal year 2020 shall be available for the bus and buses
facilities program under section 5339(a);
‘‘(M) $268,000,000 for fiscal year 2016, $283,600,000
for fiscal year 2017, $301,514,000 for fiscal year 2018,
$322,059,980 for fiscal year 2019, and $344,044,179 for
fiscal year 2020 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or
low emission grants under section 5339(c), of which
$55,000,000 for each of fiscal years 2016 through 2020
shall be available to carry out section 5339(c); and
‘‘(N) $536,261,539 for fiscal year 2016, $544,433,788
for fiscal year 2017, $552,783,547 for fiscal year 2018,
$561,315,120 for fiscal year 2019 and $570,032,917 for

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fiscal year 2020, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and
rural areas under section 5311, of which—
‘‘(i) $272,297,083 for fiscal year 2016, $279,129,510
for fiscal year 2017, $286,132,747 for fiscal year 2018,
$293,311,066 for fiscal year 2019, $300,668,843 for
fiscal year 2020 shall be for growing States under
section 5340(c); and
‘‘(ii)
$263,964,457
for
fiscal
year
2016,
$265,304,279 for fiscal year 2017, $266,650,800 for
fiscal year 2018, $268,004,054 for fiscal year 2019,
$269,364,074 for fiscal year 2020 shall be for high
density States under section 5340(d).
‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROGRAM.—There are authorized to be appropriated to carry
out section 5312, other than subsections (h) and (i) of that section,
$20,000,000 for each of fiscal years 2016 through 2020.
‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—There are authorized to be appropriated to carry out section 5314, $5,000,000 for
each of fiscal years 2016 through 2020.
‘‘(d) CAPITAL INVESTMENT GRANTS.—There are authorized to
be appropriated to carry out section 5309 of this title and section
3005(b) of the Federal Public Transportation Act of 2015,
$2,301,785,760 for each of fiscal years 2016 through 2020.
‘‘(e) ADMINISTRATION.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out section 5334, $115,016,543 for each of fiscal years
2016 through 2020.
‘‘(2) SECTION 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 for each
of fiscal years 2016 through 2020 shall be available to carry
out section 5329.
‘‘(3) SECTION 5326.—Of the amounts made available under
paragraph (2), not less than $2,000,000 for each of fiscal years
2016 through 2020 shall be available to carry out section 5326.
‘‘(f) OVERSIGHT.—
‘‘(1) IN GENERAL.—Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
‘‘(A) 0.5 percent of amounts made available to carry
out section 5305.
‘‘(B) 0.75 percent of amounts made available to carry
out section 5307.
‘‘(C) 1 percent of amounts made available to carry
out section 5309.
‘‘(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110–432; 126 Stat.
4968).
‘‘(E) 0.5 percent of amounts made available to carry
out section 5310.
‘‘(F) 0.5 percent of amounts made available to carry
out section 5311.
‘‘(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 0.25 percent of

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amounts made available for this subparagraph shall be
available to carry out section 5329.
‘‘(H) 0.75 percent of amounts made available to carry
out section 5339.
‘‘(2) ACTIVITIES.—The activities described in this paragraph
are as follows:
‘‘(A) Activities to oversee the construction of a major
capital project.
‘‘(B) Activities to review and audit the safety and security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
‘‘(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out
under this section.
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Government shall
pay the entire cost of carrying out a contract under this subsection.
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made available under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A
grant or contract that is approved by the Secretary and financed
with amounts made available from the Mass Transit Account
of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share
of the cost of the project.
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of
the Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost
of the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made available by
or appropriated under this section shall remain available until
expended.’’.
SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES.

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(a) IN GENERAL.—Section 5339 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5339. Grants for buses and bus facilities
‘‘(a) FORMULA GRANTS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘low or no emission vehicle’ has the
meaning given that term in subsection (c)(1);
‘‘(B) the term ‘State’ means a State of the United
States; and
‘‘(C) the term ‘territory’ means the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.
‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants
under this subsection to assist eligible recipients described
in paragraph (4)(A) in financing capital projects—

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‘‘(A) to replace, rehabilitate, and purchase buses and
related equipment, including technological changes or
innovations to modify low or no emission vehicles or facilities; and
‘‘(B) to construct bus-related facilities.
‘‘(3) GRANT REQUIREMENTS.—The requirements of—
‘‘(A) section 5307 shall apply to recipients of grants
made in urbanized areas under this subsection; and
‘‘(B) section 5311 shall apply to recipients of grants
made in rural areas under this subsection.
‘‘(4) ELIGIBLE RECIPIENTS.—
‘‘(A) RECIPIENTS.—Eligible recipients under this subsection are—
‘‘(i) designated recipients that allocate funds to
fixed route bus operators; or
‘‘(ii) State or local governmental entities that
operate fixed route bus service.
‘‘(B) SUBRECIPIENTS.—A recipient that receives a grant
under this subsection may allocate amounts of the grant
to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.
‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds allocated
under section 5338(a)(2)(L) shall be distributed as follows:
‘‘(A) NATIONAL DISTRIBUTION.—$90,500,000 for each of
fiscal years 2016 through 2020 shall be allocated to all
States and territories, with each State receiving $1,750,000
for each such fiscal year and each territory receiving
$500,000 for each such fiscal year.
‘‘(B) DISTRIBUTION USING POPULATION AND SERVICE FACTORS.—The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated pursuant
to the formula set forth in section 5336 other than subsection (b).
‘‘(6) TRANSFERS OF APPORTIONMENTS.—
‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL DISTRIBUTION
FUNDS.—The Governor of a State may transfer any part
of the State’s apportionment under paragraph (5)(A) to
supplement amounts apportioned to the State under section
5311(c) or amounts apportioned to urbanized areas under
subsections (a) and (c) of section 5336.
‘‘(B) TRANSFER FLEXIBILITY FOR POPULATION AND
SERVICE FACTORS FUNDS.—The Governor of a State may
expend in an urbanized area with a population of less
than 200,000 any amounts apportioned under paragraph
(5)(B) that are not allocated to designated recipients in
urbanized areas with a population of 200,000 or more.
‘‘(7) GOVERNMENT SHARE OF COSTS.—
‘‘(A) CAPITAL PROJECTS.—A grant for a capital project
under this subsection shall be for 80 percent of the net
capital costs of the project. A recipient of a grant under
this subsection may provide additional local matching
amounts.
‘‘(B) REMAINING COSTS.—The remainder of the net
project cost shall be provided—
‘‘(i) in cash from non-Government sources other
than revenues from providing public transportation
services;

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‘‘(ii) from revenues derived from the sale of advertising and concessions;
‘‘(iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new
capital;
‘‘(iv) from amounts received under a service agreement with a State or local social service agency or
private social service organization; or
‘‘(v) from revenues generated from value capture
financing mechanisms.
‘‘(8) PERIOD OF AVAILABILITY TO RECIPIENTS.—Amounts
made available under this subsection may be obligated by a
recipient for 3 fiscal years after the fiscal year in which the
amount is apportioned. Not later than 30 days after the end
of the 3-fiscal-year period described in the preceding sentence,
any amount that is not obligated on the last day of such
period shall be added to the amount that may be apportioned
under this subsection in the next fiscal year.
‘‘(9) PILOT PROGRAM FOR COST-EFFECTIVE CAPITAL INVESTMENT.—
‘‘(A) IN GENERAL.—For each of fiscal years 2016
through 2020, the Secretary shall carry out a pilot program
under which an eligible recipient (as described in paragraph
(4)) in an urbanized area with population of not less than
200,000 and not more than 999,999 may elect to participate
in a State pool in accordance with this paragraph.
‘‘(B) PURPOSE OF STATE POOLS.—The purpose of a State
pool shall be to allow for transfers of formula grant funds
made available under this subsection among the designated
recipients participating in the State pool in a manner that
supports the transit asset management plans of the designated recipients under section 5326.
‘‘(C) REQUESTS FOR PARTICIPATION.—A State, and
eligible recipients in the State described in subparagraph
(A), may submit to the Secretary a request for participation
in the program under procedures to be established by the
Secretary. An eligible recipient for a multistate area may
participate in only 1 State pool.
‘‘(D) ALLOCATIONS TO PARTICIPATING STATES.—For each
fiscal year, the Secretary shall allocate to each State
participating in the program the total amount of funds
that otherwise would be allocated to the urbanized areas
of the eligible recipients participating in the State’s pool
for that fiscal year pursuant to the formulas referred to
in paragraph (5).
‘‘(E) ALLOCATIONS TO ELIGIBLE RECIPIENTS IN STATE
POOLS.—A State shall distribute the amount that is allocated to the State for a fiscal year under subparagraph
(D) among the eligible recipients participating in the State’s
pool in a manner that supports the transit asset management plans of the recipients under section 5326.
‘‘(F) ALLOCATION PLANS.—A State participating in the
program shall develop an allocation plan for the period
of fiscal years 2016 through 2020 to ensure that an eligible
recipient participating in the State’s pool receives under
the program an amount of funds that equals the amount
of funds that would have otherwise been available to the

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129 STAT. 1485

eligible recipient for that period pursuant to the formulas
referred to in paragraph (5).
‘‘(G) GRANTS.—The Secretary shall make grants under
this subsection for a fiscal year to an eligible recipient
participating in a State pool following notification by the
State of the allocation amount determined under subparagraph (E).
‘‘(b) BUSES AND BUS FACILITIES COMPETITIVE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants under
this subsection to eligible recipients (as described in subsection
(a)(4)) to assist in the financing of buses and bus facilities
capital projects, including—
‘‘(A) replacing, rehabilitating, purchasing, or leasing
buses or related equipment; and
‘‘(B) rehabilitating, purchasing, constructing, or leasing
bus-related facilities.
‘‘(2) GRANT CONSIDERATIONS.—In making grants under this
subsection, the Secretary shall consider the age and condition
of buses, bus fleets, related equipment, and bus-related facilities.
‘‘(3) STATEWIDE APPLICATIONS.—A State may submit a
statewide application on behalf of a public agency or private
nonprofit organization engaged in public transportation in rural
areas or other areas for which the State allocates funds. The
submission of a statewide application shall not preclude the
submission and consideration of any application under this
subsection from other eligible recipients (as described in subsection (a)(4)) in an urbanized area in a State.
‘‘(4) REQUIREMENTS FOR THE SECRETARY.—The Secretary
shall—
‘‘(A) disclose all metrics and evaluation procedures to
be used in considering grant applications under this subsection upon issuance of the notice of funding availability
in the Federal Register; and
‘‘(B) publish a summary of final scores for selected
projects, metrics, and other evaluations used in awarding
grants under this subsection in the Federal Register.
‘‘(5) RURAL PROJECTS.—Not less than 10 percent of the
amounts made available under this subsection in a fiscal year
shall be distributed to projects in rural areas.
‘‘(6) GRANT REQUIREMENTS.—
‘‘(A) IN GENERAL.—A grant under this subsection shall
be subject to the requirements of—
‘‘(i) section 5307 for eligible recipients of grants
made in urbanized areas; and
‘‘(ii) section 5311 for eligible recipients of grants
made in rural areas.
‘‘(B) GOVERNMENT SHARE OF COSTS.—The Government
share of the cost of an eligible project carried out under
this subsection shall not exceed 80 percent.
‘‘(7) AVAILABILITY OF FUNDS.—Any amounts made available
to carry out this subsection—
‘‘(A) shall remain available for 3 fiscal years after
the fiscal year for which the amount is made available;
and
‘‘(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be added to the amount

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made available to an eligible project in the following fiscal
year.
‘‘(8) LIMITATION.—Of the amounts made available under
this subsection, not more than 10 percent may be awarded
to a single grantee.
‘‘(c) LOW OR NO EMISSION GRANTS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘direct carbon emissions’ means the
quantity of direct greenhouse gas emissions from a vehicle,
as determined by the Administrator of the Environmental
Protection Agency;
‘‘(B) the term ‘eligible project’ means a project or program of projects in an eligible area for—
‘‘(i) acquiring low or no emission vehicles;
‘‘(ii) leasing low or no emission vehicles;
‘‘(iii) acquiring low or no emission vehicles with
a leased power source;
‘‘(iv) constructing facilities and related equipment
for low or no emission vehicles;
‘‘(v) leasing facilities and related equipment for
low or no emission vehicles;
‘‘(vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or
‘‘(vii) rehabilitating or improving existing public
transportation facilities to accommodate low or no
emission vehicles;
‘‘(C) the term ‘leased power source’ means a removable
power source, as defined in subsection (c)(3) of section
3019 of the Federal Public Transportation Act of 2015
that is made available through a capital lease under such
section;
‘‘(D) the term ‘low or no emission bus’ means a bus
that is a low or no emission vehicle;
‘‘(E) the term ‘low or no emission vehicle’ means—
‘‘(i) a passenger vehicle used to provide public
transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
‘‘(ii) a zero emission vehicle used to provide public
transportation;
‘‘(F) the term ‘recipient’ means a designated recipient,
a local governmental authority, or a State that receives
a grant under this subsection for an eligible project; and
‘‘(G) the term ‘zero emission vehicle’ means a low or
no emission vehicle that produces no carbon or particulate
matter.
‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants
to recipients to finance eligible projects under this subsection.
‘‘(3) GRANT REQUIREMENTS.—
‘‘(A) IN GENERAL.—A grant under this subsection shall
be subject to the requirements of section 5307.
‘‘(B) GOVERNMENT SHARE OF COSTS FOR CERTAIN
PROJECTS.—Section 5323(i) applies to eligible projects carried out under this subsection, unless the recipient requests
a lower grant percentage.
‘‘(C) COMBINATION OF FUNDING SOURCES.—

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‘‘(i) COMBINATION PERMITTED.—An eligible project
carried out under this subsection may receive funding
under section 5307 or any other provision of law.
‘‘(ii) GOVERNMENT SHARE.—Nothing in this
subparagraph shall be construed to alter the Government share required under paragraph (7), section 5307,
or any other provision of law.
‘‘(4) COMPETITIVE PROCESS.—The Secretary shall—
‘‘(A) not later than 30 days after the date on which
amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for
eligible projects on a competitive basis; and
‘‘(B) award a grant under this subsection based on
the solicitation under subparagraph (A) not later than the
earlier of—
‘‘(i) 75 days after the date on which the solicitation
expires; or
‘‘(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
‘‘(5) CONSIDERATION.—In awarding grants under this subsection, the Secretary shall only consider eligible projects
relating to the acquisition or leasing of low or no emission
buses or bus facilities that—
‘‘(A) make greater reductions in energy consumption
and harmful emissions, including direct carbon emissions,
than comparable standard buses or other low or no emission buses; and
‘‘(B) are part of a long-term integrated fleet management plan for the recipient.
‘‘(6) AVAILABILITY OF FUNDS.—Any amounts made available
to carry out this subsection—
‘‘(A) shall remain available to an eligible project for
3 fiscal years after the fiscal year for which the amount
is made available; and
‘‘(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be added to the amount
made available to an eligible project in the following fiscal
year.
‘‘(7) GOVERNMENT SHARE OF COSTS.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
an eligible project carried out under this subsection shall
not exceed 80 percent.
‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of
the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 53 of title 49, United States Code, is amended by
striking the item relating to section 5339 and inserting the following:

49 USC
prec. 5301.

‘‘5339. Grants for buses and bus facilities.’’.

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SEC. 3018. OBLIGATION CEILING.

Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit
Account of the Highway Trust Fund by subsection (a) of section
5338 of title 49, United States Code, and section 3028 of the
Federal Public Transportation Act of 2015 shall not exceed—

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(1) $9,347,604,639 in fiscal year 2016;
(2) $9,733,706,043 in fiscal year 2017;
(3) $9,733,353,407 in fiscal year 2018;
(4) $9,939,380,030 in fiscal year 2019; and
(5) $10,150,348,462 in fiscal year 2020.

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49 USC 5325
note.

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SEC. 3019. INNOVATIVE PROCUREMENT.

(a) DEFINITION.—In this section, the term ‘‘grantee’’ means
a recipient or subrecipient of assistance under chapter 53 of title
49, United States Code.
(b) COOPERATIVE PROCUREMENT.—
(1) DEFINITIONS; GENERAL RULES.—
(A) DEFINITIONS.—In this subsection—
(i) the term ‘‘cooperative procurement contract’’
means a contract—
(I) entered into between a State government
or eligible nonprofit entity and 1 or more vendors;
and
(II) under which the vendors agree to provide
an option to purchase rolling stock and related
equipment to multiple participants;
(ii) the term ‘‘eligible nonprofit entity’’ means—
(I) a nonprofit cooperative purchasing
organization that is not a grantee; or
(II) a consortium of entities described in subclause (I);
(iii) the terms ‘‘lead nonprofit entity’’ and ‘‘lead
procurement agency’’ mean an eligible nonprofit entity
or a State government, respectively, that acts in an
administrative capacity on behalf of each participant
in a cooperative procurement contract;
(iv) the term ‘‘participant’’ means a grantee that
participates in a cooperative procurement contract; and
(v) the term ‘‘participate’’ means to purchase
rolling stock and related equipment under a cooperative procurement contract using assistance provided
under chapter 53 of title 49, United States Code.
(B) GENERAL RULES.—
(i) PROCUREMENT NOT LIMITED TO INTRASTATE
PARTICIPANTS.—A grantee may participate in a
cooperative procurement contract without regard to
whether the grantee is located in the same State as
the parties to the contract.
(ii) VOLUNTARY PARTICIPATION.—Participation by
grantees in a cooperative procurement contract shall
be voluntary.
(iii) CONTRACT TERMS.—The lead procurement
agency or lead nonprofit entity for a cooperative
procurement contract shall develop the terms of the
contract.
(iv) DURATION.—A cooperative procurement contract—
(I) subject to subclauses (II) and (III), may
be for an initial term of not more than 2 years;
(II) may include not more than 3 optional
extensions for terms of not more than 1 year each;
and

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(III) may be in effect for a total period of
not more than 5 years, including each extension
authorized under subclause (II).
(v) ADMINISTRATIVE EXPENSES.—A lead procurement agency or lead nonprofit entity, as applicable,
that enters into a cooperative procurement contract—
(I) may charge the participants in the contract
for the cost of administering, planning, and providing technical assistance for the contract in an
amount that is not more than 1 percent of the
total value of the contract; and
(II) with respect to the cost described in subclause (I), may incorporate the cost into the price
of the contract or directly charge the participants
for the cost, but not both.
(2) STATE COOPERATIVE PROCUREMENT SCHEDULES.—
(A) AUTHORITY.—A State government may enter into
a cooperative procurement contract with 1 or more vendors
if—
(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State
government and any other participant; and
(ii) the State government acts throughout the term
of the contract as the lead procurement agency.
(B) APPLICABILITY OF POLICIES AND PROCEDURES.—In
procuring rolling stock and related equipment under a
cooperative procurement contract under this subsection,
a State government shall comply with the policies and
procedures that apply to procurement by the State government when using non-Federal funds, to the extent that
the policies and procedures are in conformance with
applicable Federal law.
(3) PILOT PROGRAM FOR NONPROFIT COOPERATIVE PROCUREMENTS.—
(A) ESTABLISHMENT.—The Secretary shall establish
and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by
eligible nonprofit entities.
(B) DESIGNATION.—In carrying out the program under
this paragraph, the Secretary shall designate not less than
3 eligible nonprofit entities to enter into a cooperative
procurement contract under which the eligible nonprofit
entity acts throughout the term of the contract as the
lead nonprofit entity.
(C) NOTICE OF INTENT TO PARTICIPATE.—At a time
determined appropriate by the lead nonprofit entity, each
participant in a cooperative procurement contract under
this paragraph shall submit to the lead nonprofit entity
a nonbinding notice of intent to participate.
(4) JOINT PROCUREMENT CLEARINGHOUSE.—
(A) IN GENERAL.—The Secretary shall establish a
clearinghouse for the purpose of allowing grantees to aggregate planned rolling stock purchases and identify joint
procurement participants.
(B) NONPROFIT CONSULTATION.—In establishing the
clearinghouse under subparagraph (A), the Secretary may
consult with nonprofit entities with expertise in public

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transportation or procurement, and other stakeholders as
the Secretary determines appropriate.
(C) INFORMATION ON PROCUREMENTS.—The clearinghouse may include information on bus size, engine type,
floor type, and any other attributes necessary to identify
joint procurement participants.
(D) LIMITATIONS.—
(i) ACCESS.—The clearinghouse shall only be accessible to the Federal Transit Administration, a nonprofit
entity coordinating for such clearinghouse with the
Secretary, and grantees.
(ii) PARTICIPATION.—No grantee shall be required
to submit procurement information to the database.
(c) LEASING ARRANGEMENTS.—
(1) CAPITAL LEASE DEFINED.—
(A) IN GENERAL.—In this subsection, the term ‘‘capital
lease’’ means any agreement under which a grantee
acquires the right to use rolling stock or related equipment
for a specified period of time, in exchange for a periodic
payment.
(B) MAINTENANCE.—A capital lease may require that
the lessor provide maintenance of the rolling stock or
related equipment covered by the lease.
(2) PROGRAM TO SUPPORT INNOVATIVE LEASING ARRANGEMENTS.—
(A) AUTHORITY.—A grantee may use assistance provided under chapter 53 of title 49, United States Code,
to enter into a capital lease if—
(i) the rolling stock or related equipment covered
under the lease is eligible for capital assistance under
such chapter; and
(ii) there is or will be no Federal interest in the
rolling stock or related equipment covered under the
lease as of the date on which the lease takes effect.
(B) GRANTEE REQUIREMENTS.—A grantee that enters
into a capital lease shall—
(i) maintain an inventory of the rolling stock or
related equipment acquired under the lease; and
(ii) maintain on the accounting records of the
grantee the liability of the grantee under the lease.
(C) ELIGIBLE LEASE COSTS.—The costs for which a
grantee may use assistance under chapter 53 of title 49,
United States Code, with respect to a capital lease,
include—
(i) the cost of the rolling stock or related equipment;
(ii) associated financing costs, including interest,
legal fees, and financial advisor fees;
(iii) ancillary costs such as delivery and installation charges; and
(iv) maintenance costs.
(D) TERMS.—A grantee shall negotiate the terms of
any lease agreement that the grantee enters into.
(E) APPLICABILITY OF PROCUREMENT REQUIREMENTS.—

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(i) LEASE REQUIREMENTS.—Part 639 of title 49,
Code of Federal Regulations, or any successor regulation, and implementing guidance applicable to leasing
shall not apply to a capital lease.
(ii) BUY AMERICA.—The requirements under section 5323(j) of title 49, United States Code, shall apply
to a capital lease.
(3) CAPITAL LEASING OF CERTAIN ZERO EMISSION VEHICLE
COMPONENTS.—
(A) DEFINITIONS.—In this paragraph—
(i) the term ‘‘removable power source’’—
(I) means a power source that is separately
installed in, and removable from, a zero emission
vehicle; and
(II) may include a battery, a fuel cell, an ultracapacitor, or other advanced power source used
in a zero emission vehicle; and
(ii) the term ‘‘zero emission vehicle’’ has the
meaning given the term in section 5339(c) of title 49,
United States Code.
(B) LEASED POWER SOURCES.—Notwithstanding any
other provision of law, for purposes of this subsection,
the cost of a removable power source that is necessary
for the operation of a zero emission vehicle shall not be
treated as part of the cost of the vehicle if the removable
power source is acquired using a capital lease.
(C) ELIGIBLE CAPITAL LEASE.—A grantee may acquire
a removable power source by itself through a capital lease.
(D) PROCUREMENT REGULATIONS.—For purposes of this
section, a removable power source shall be subject to section
200.88 of title 2, Code of Federal Regulations.
(4) REPORTING REQUIREMENT.—Not later than 3 years after
the date on which a grantee enters into a capital lease under
this subsection, the grantee shall submit to the Secretary a
report that contains—
(A) an evaluation of the overall costs and benefits
of leasing rolling stock; and
(B) a comparison of the expected short-term and longterm maintenance costs of leasing versus buying rolling
stock.
(5) REPORT.—The Secretary shall make publicly available
an annual report on this subsection for each fiscal year, not
later than December 31 of the calendar year in which that
fiscal year ends. The report shall include a detailed description
of the activities carried out under this subsection, and evaluation of the program including the evaluation of the data
reported in paragraph (4).
(d) BUY AMERICA.—The requirements of section 5323(j) of title
49, United States Code, shall apply to all procurements under
this section.

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SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.

(a) REVIEW REQUIRED.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall begin a review

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of the safety standards and protocols used in public transportation systems in the United States that examines the efficacy
of existing standards and protocols.
(2) CONTENTS OF REVIEW.—In conducting the review under
this paragraph, the Secretary shall review—
(A) minimum safety performance standards developed
by the public transportation industry;
(B) safety performance standards, practices, or protocols in use by rail fixed guideway public transportation
systems, including—
(i) written emergency plans and procedures for
passenger evacuations;
(ii) training programs to ensure public transportation personnel compliance and readiness in emergency situations;
(iii) coordination plans approved by recipients with
local emergency responders having jurisdiction over
a rail fixed guideway public transportation system,
including—
(I) emergency preparedness training, drills,
and familiarization programs for the first
responders; and
(II) the scheduling of regular field exercises
to ensure appropriate response and effective radio
and public safety communications;
(iv) maintenance, testing, and inspection programs
to ensure the proper functioning of—
(I) tunnel, station, and vehicle ventilation systems;
(II) signal and train control systems, track,
mechanical systems, and other infrastructure; and
(III) other systems as necessary;
(v) certification requirements for train and bus
operators and control center employees;
(vi) consensus-based standards, practices, or protocols available to the public transportation industry;
and
(vii) any other standards, practices, or protocols
the Secretary determines appropriate; and
(C) rail and bus safety standards, practices, or protocols
in use by public transportation systems, regarding—
(i) rail and bus design and the workstation of
rail and bus operators, as it relates to—
(I) the reduction of blindspots that contribute
to accidents involving pedestrians; and
(II) protecting rail and bus operators from the
risk of assault;
(ii) scheduling fixed route rail and bus service
with adequate time and access for operators to use
restroom facilities;
(iii) fatigue management; and
(iv) crash avoidance and worthiness.
(b) EVALUATION.—After conducting the review under subsection
(a), the Secretary shall, in consultation with representatives of
the public transportation industry, evaluate the need to establish
additional Federal minimum public transportation safety standards.

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(c) REPORT.—After completing the review and evaluation
required under subsections (a) and (b), and not later than 1 year
after the date of enactment of this Act, the Secretary shall make
available on a publicly accessible Web site, a report that includes—
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under subsection (b);
(3) a comprehensive set of recommendations to improve
the safety of the public transportation industry, including recommendations for statutory changes if applicable; and
(4) actions that the Secretary will take to address the
recommendations provided under paragraph (3), including, if
necessary, the authorities under section 5329(b)(2)(D) of title
49, United States Code.
SEC.

3021.

STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC
TRANSPORTATION SAFETY PROGRAM INFORMATION.

(a) STUDY.—The Secretary shall enter into an agreement with
the Transportation Research Board of the National Academies of
Sciences, Engineering, and Medicine, to conduct a study to evaluate
whether it is in the public interest, including public safety and
the legal rights of persons injured in public transportation accidents,
to withhold from discovery or admission into evidence in a Federal
or State court proceeding any plan, report, data, or other information or portion thereof, submitted to, developed, produced, collected,
or obtained by the Secretary or the Secretary’s representative for
purposes of complying with the requirements under section 5329
of title 49, United States Code, including information related to
a recipient’s safety plan, safety risks, and mitigation measures.
(b) COORDINATION.—In conducting the study under subsection
(a), the Transportation Research Board shall coordinate with the
legal research entities of the National Academies of Sciences,
Engineering, and Medicine, including the Committee on Law and
Justice and the Committee on Science, Technology, and Law, and
include members of those committees on the research committee
established for the purposes of this section.
(c) INPUT.—In conducting the study under subsection (a), the
relevant entities of the National Academies of Sciences,
Engineering, and Medicine shall solicit input from the public
transportation recipients, public transportation nonprofit employee
labor organizations, and impacted members of the general public.
(d) REPORT.—Not later than 18 months after the date of enactment of this Act, the National Academies of Sciences, Engineering,
and Medicine shall issue a report, with the findings of the study
under subsection (a), including any recommendations on statutory
changes regarding evidentiary protections that will increase public
transportation safety.

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SEC. 3022. IMPROVED PUBLIC TRANSPORTATION SAFETY MEASURES.

(a) REQUIREMENTS.—Not later than 90 days after publication
of the report required in section 3020, the Secretary shall issue
a notice of proposed rulemaking on protecting public transportation
operators from the risk of assault.
(b) CONSIDERATION.—In the proposed rulemaking, the Secretary
shall consider—
(1) different safety needs of drivers of different modes;
(2) differences in operating environments;

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(3) the use of technology to mitigate driver assault risks;
(4) existing experience, from both agencies and operators
that already are using or testing driver assault mitigation
infrastructure; and
(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.
(c) SAVINGS CLAUSE.—Nothing in this section may be construed
as prohibiting the Secretary from issuing different comprehensive
worker protections, including standards for mitigating assaults.
42 USC 12143
note.

SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN.

Notwithstanding the provisions of section 37.131(c) of title 49,
Code of Federal Regulations, any paratransit system currently
coordinating complementary paratransit service for more than 40
fixed route agencies shall be permitted to continue using an existing
tiered, distance-based coordinated paratransit fare system, if the
fare for the existing tiered, distance-based coordinated paratransit
fare system is not increased by a greater percentage than any
increase to the fixed route fare for the largest transit agency in
the complementary paratransit service area.
SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report
on the potential of the Internet of Things to improve transportation
services in rural, suburban, and urban areas.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) a survey of the communities, cities, and States that
are using innovative transportation systems to meet the needs
of ageing populations;
(2) best practices to protect privacy and security, as determined as a result of such survey; and
(3) recommendations with respect to the potential of the
Internet of Things to assist local, State, and Federal planners
to develop more efficient and accurate projections of the
transportation needs of rural, suburban, and urban communities.

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SEC. 3025. REPORT ON PARKING SAFETY.

(a) STUDY.—The Secretary shall conduct a study on the safety
of certain transportation facilities and locations, focusing on any
property damage, injuries, deaths, and other incidents that occur
or originate at locations intended to encourage public use of alternative transportation, including—
(1) carpool lots;
(2) mass transit lots;
(3) local, State, or regional rail stations;
(4) rest stops;
(5) college or university lots;
(6) bike paths or walking trails; and
(7) any other locations that the Secretary considers appropriate.
(b) REPORT.—Not later than 8 months after the date of enactment of this Act, the Secretary shall submit to the Committee

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on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the results of the study.
(c) RECOMMENDATIONS.—The Secretary shall include in the
report recommendations to Congress on the best ways to use innovative technologies to increase safety and ensure a better response
by transit security and local, State, and Federal law enforcement
to address threats to public safety.
SEC. 3026. APPOINTMENT OF DIRECTORS OF WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) COMPACT.—The term ‘‘Compact’’ means the Washington
Metropolitan Area Transit Authority Compact (Public Law 89–
774; 80 Stat. 1324).
(2) FEDERAL DIRECTOR.—The term ‘‘Federal Director’’
means—
(A) a voting member of the Board of Directors of the
Transit Authority who represents the Federal Government;
and
(B) a nonvoting member of the Board of Directors
of the Transit Authority who serves as an alternate for
a member described in subparagraph (A).
(3) TRANSIT AUTHORITY.—The term ‘‘Transit Authority’’
means the Washington Metropolitan Area Transit Authority
established under Article III of the Compact.
(b) APPOINTMENT BY SECRETARY OF TRANSPORTATION.—
(1) IN GENERAL.—For any appointment made on or after
the date of enactment of this Act, the Secretary of Transportation shall have sole authority to appoint Federal Directors
to the Board of Directors of the Transit Authority.
(2) AMENDMENT TO COMPACT.—The signatory parties to
the Compact shall amend the Compact as necessary in accordance with paragraph (1).
SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES
AND FUNDING.

Not later than 18 months after the date of enactment of this
Act, the Comptroller General shall examine and evaluate the impact
of the changes that MAP–21 had on public transportation,
including—
(1) the ability and effectiveness of public transportation
agencies to provide public transportation to low-income workers
in accessing jobs and being able to use reverse commute services;
(2) whether services to low-income riders declined after
MAP–21 was implemented; and
(3) if guidance provided by the Federal Transit Administration encouraged public transportation agencies to maintain and
support services to low-income riders to allow them to access
jobs, medical services, and other life necessities.

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SEC. 3028. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN CONTROL.

(a) IN GENERAL.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out this
section $199,000,000 for fiscal year 2017 to assist in financing

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the installation of positive train control systems required under
section 20157 of title 49, United States Code.
(b) USES.—The amounts made available under subsection (a)
of this section shall be awarded by the Secretary on a competitive
basis, and grant funds awarded under this section shall not exceed
80 percent of the total cost of a project.
(c) CREDIT ASSISTANCE.—At the request of an eligible applicant
under this section, the Secretary may use amounts awarded to
the entity to pay the subsidy and administrative costs necessary
to provide the entity Federal credit assistance under sections 502
through 504 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 801 et seq.), with respect to the project
for which the grant was awarded.
(d) ELIGIBLE RECIPIENTS.—The amounts made available under
subsection (a) of this section may be used only to assist a recipient
of funds under chapter 53 of title 49, United States Code.
(e) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may
withhold up to 1 percent from the amounts made available under
subsection (a) of this section for the costs of project management
oversight of grants authorized under that subsection.
(f) SAVINGS CLAUSE.—Nothing in this section may be construed
as authorizing the amounts appropriated under subsection (a) to
be used for any purpose other than financing the installation of
positive train control systems.
(g) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant
that is approved by the Secretary and financed with amounts made
available from the Mass Transit Account of the Highway Trust
Fund under this section is a contractual obligation of the Government to pay the Government share of the cost of the project.
(h) AVAILABILITY OF AMOUNTS.—Notwithstanding subsection (j),
amounts made available under this section shall remain available
until expended.
(i) OBLIGATION LIMITATION.—Funds made available under this
section shall be subject to obligation limit of section 3018 of the
Federal Public Transportation Act of 2015.
(j) SUNSET.—The Secretary of Transportation shall provide the
grants, direct loans, and loan guarantees under subsections (b)
and (c) by September 30, 2018.
SEC. 3029. AMENDMENT TO TITLE 5.

5 USC 5313 note.

(a) IN GENERAL.—Section 5313 of title 5, United States Code,
is amended by adding at the end the following:
‘‘Federal Transit Administrator.’’.
(b) CONFORMING AMENDMENT.—Section 5314 of title 5, United
States Code, is amended by striking ‘‘Federal Transit Administrator.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the first day of the first pay period beginning
on or after the first day of the first fiscal year beginning after
the date of enactment of this Act.

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SEC. 3030. TECHNICAL AND CONFORMING CHANGES.

49 USC
prec. 5301.

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(a) REPEAL.—Section 20008(b) of MAP–21 (49 U.S.C. 5309 note)
is repealed.
(b) REPEAL SECTION 5313.—Section 5313 of title 49, United
States Code, and the item relating to that section in the analysis
for chapter 53 of such title, are repealed.

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(c) REPEAL OF SECTION 5319.—Section 5319 of title 49, United
States Code, and the item relating to that section in the analysis
for chapter 53 of such title, are repealed.
(d) REPEAL OF SECTION 5322.—Section 5322 of title 49, United
States Code, and the item relating to that section in the analysis
for chapter 53 of such title, are repealed.
(e) SECTION 5325.—Section 5325 of title 49, United States Code
is amended—
(1) in subsection (e)(2), by striking ‘‘at least two’’; and
(2) in subsection (h), by striking ‘‘Federal Public Transportation Act of 2012’’ and inserting ‘‘Federal Public Transportation
Act of 2015’’.
(f) SECTION 5340.—Section 5340 of title 49, United States Code,
is amended—
(1) by striking subsection (b); and
(2) by inserting the following:
‘‘(b) ALLOCATION.—The Secretary shall apportion the amounts
made available under section 5338(b)(2)(N) in accordance with subsection (c) and subsection (d).’’.
(g) CHAPTER 105 OF TITLE 49, UNITED STATES CODE.—Section
10501(c) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)(i), by striking ‘‘section 5302(a)’’
and inserting ‘‘section 5302’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘mass transportation’’ and inserting
‘‘public transportation’’; and
(ii) by striking ‘‘section 5302(a)’’ and inserting ‘‘section 5302’’; and
(2) in paragraph (2)(A), by striking ‘‘mass transportation’’
and inserting ‘‘public transportation’’.

49 USC
prec. 5301.
49 USC
prec. 5301.

TITLE IV—HIGHWAY TRAFFIC SAFETY

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SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section
402 of title 23, United States Code—
(A) $243,500,000 for fiscal year 2016;
(B) $252,300,000 for fiscal year 2017;
(C) $261,200,000 for fiscal year 2018;
(D) $270,400,000 for fiscal year 2019; and
(E) $279,800,000 for fiscal year 2020.
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For
carrying out section 403 of title 23, United States Code—
(A) $137,800,000 for fiscal year 2016;
(B) $140,700,000 for fiscal year 2017;
(C) $143,700,000 for fiscal year 2018;
(D) $146,700,000 for fiscal year 2019; and
(E) $149,800,000 for fiscal year 2020.
(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying
out section 405 of title 23, United States Code—
(A) $274,700,000 for fiscal year 2016;
(B) $277,500,000 for fiscal year 2017;

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23 USC 401 note.

23 USC 402 note.

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23 USC 402 note.

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(C) $280,200,000 for fiscal year 2018;
(D) $283,000,000 for fiscal year 2019; and
(E) $285,900,000 for fiscal year 2020.
(4) NATIONAL DRIVER REGISTER.—For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code—
(A) $5,100,000 for fiscal year 2016;
(B) $5,200,000 for fiscal year 2017;
(C) $5,300,000 for fiscal year 2018;
(D) $5,400,000 for fiscal year 2019; and
(E) $5,500,000 for fiscal year 2020.
(5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—For carrying
out section 404 of title 23, United States Code—
(A) $29,300,000 for fiscal year 2016;
(B) $29,500,000 for fiscal year 2017;
(C) $29,900,000 for fiscal year 2018;
(D) $30,200,000 for fiscal year 2019; and
(E) $30,500,000 for fiscal year 2020.
(6) ADMINISTRATIVE EXPENSES.—For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this title—
(A) $25,832,000 for fiscal year 2016;
(B) $26,072,000 for fiscal year 2017;
(C) $26,329,000 for fiscal year 2018;
(D) $26,608,000 for fiscal year 2019; and
(E) $26,817,000 for fiscal year 2020.
(b) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter
303 of title 49, United States Code, the amounts made available
from the Highway Trust Fund (other than the Mass Transit
Account) for a program under such chapters—
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) APPLICABILITY OF TITLE 23.—Except as otherwise provided
in chapter 4 of title 23, United States Code, and chapter 303
of title 49, United States Code, amounts made available under
subsection (a) for fiscal years 2016 through 2020 shall be available
for obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code.
(d) REGULATORY AUTHORITY.—Grants awarded under this title
shall be carried out in accordance with regulations issued by the
Secretary.
(e) STATE MATCHING REQUIREMENTS.—If a grant awarded under
chapter 4 of title 23, United States Code, requires a State to
share in the cost, the aggregate of all expenditures for highway
safety activities made during a fiscal year by the State and its
political subdivisions (exclusive of Federal funds) for carrying out
the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year
for the non-Federal share of the cost of any other project carried
out under chapter 4 of title 23, United States Code (other than
planning or administration), without regard to whether such
expenditures were made in connection with such project.
(f) GRANT APPLICATION AND DEADLINE.—To receive a grant
under chapter 4 of title 23, United States Code, a State shall

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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.

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SEC. 4002. HIGHWAY SAFETY PROGRAMS.

Section 402 of title 23, United States Code, is amended—
(1) in subsection (a)(2)(A)—
(A) in clause (vi) by striking ‘‘and’’ at the end;
(B) in clause (vii) by inserting ‘‘and’’ after the semicolon; and
(C) by adding at the end the following:
‘‘(viii) to increase driver awareness of commercial
motor vehicles to prevent crashes and reduce injuries
and fatalities;’’;
(2) in subsection (c)(4), by adding at the end the following:
‘‘(C) SURVEY.—A State in which an automated traffic
enforcement system is installed shall expend funds apportioned to that State under this section to conduct a biennial
survey that the Secretary shall make publicly available
through the Internet Web site of the Department of
Transportation that includes—
‘‘(i) a list of automated traffic enforcement systems
in the State;
‘‘(ii) adequate data to measure the transparency,
accountability, and safety attributes of each automated
traffic enforcement system; and
‘‘(iii) a comparison of each automated traffic
enforcement system with—
‘‘(I) Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008);
and
‘‘(II) Red Light Camera Systems Operational
Guidelines (FHWA–SA–05–002, January 2005).’’;
(3) by striking subsection (g) and inserting the following:
‘‘(g) RESTRICTION.—Nothing in this section may be construed
to authorize the appropriation or expenditure of funds for highway
construction, maintenance, or design (other than design of safety
features of highways to be incorporated into guidelines).’’;
(4) in subsection (k)—
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(B) by inserting after paragraph (2) the following:
‘‘(3) ELECTRONIC SUBMISSION.—The Secretary, in coordination with the Governors Highway Safety Association, shall
develop procedures to allow States to submit highway safety
plans under this subsection, including any attachments to the
plans, in electronic form.’’; and
(C) in paragraph (6)(A), as so redesignated, by striking
‘‘60 days’’ and inserting ‘‘45 days’’; and
(5) in subsection (m)(2)(B)—
(A) in clause (vii) by striking ‘‘and’’ at the end;
(B) in clause (viii) by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(ix) increase driver awareness of commercial
motor vehicles to prevent crashes and reduce injuries
and fatalities; and

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‘‘(x) support for school-based driver’s education
classes to improve teen knowledge about—
‘‘(I) safe driving practices; and
‘‘(II) State graduated driving license requirements,
including
behind-the-wheel
training
required to meet those requirements.’’.

SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

Section 403 of title 23, United States Code, is amended—
(1) in subsection (h)—
(A) in paragraph (1) by striking ‘‘may’’ and inserting
‘‘shall’’;
(B) by striking paragraph (2) and inserting the following:
‘‘(2) FUNDING.—The Secretary shall obligate from funds
made available to carry out this section for the period covering
fiscal years 2017 through 2020 not more than $21,248,000
to conduct the research described in paragraph (1).’’;
(C) in paragraph (3) by striking ‘‘If the Administrator
utilizes the authority under paragraph (1), the’’ and
inserting ‘‘The’’; and
(D) in paragraph (4) by striking ‘‘If the Administrator
conducts the research authorized under paragraph (1), the’’
and inserting ‘‘The’’; and
(2) by adding at the end the following:
‘‘(i) LIMITATION ON DRUG AND ALCOHOL SURVEY DATA.—The
Secretary shall establish procedures and guidelines to ensure that
any person participating in a program or activity that collects
data on drug or alcohol use by drivers of motor vehicles and is
carried out under this section is informed that the program or
activity is voluntary.
‘‘(j) FEDERAL SHARE.—The Federal share of the cost of any
project or activity carried out under this section may be not more
than 100 percent.’’.
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

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(a) IN GENERAL.—Section 404 of title 23, United States Code,
is amended to read as follows:
‘‘§ 404. High-visibility enforcement program
‘‘(a) IN GENERAL.—The Secretary shall establish and administer
a program under which not less than 3 campaigns will be carried
out in each of fiscal years 2016 through 2020.
‘‘(b) PURPOSE.—The purpose of each campaign carried out under
this section shall be to achieve outcomes related to not less than
1 of the following objectives:
‘‘(1) Reduce alcohol-impaired or drug-impaired operation
of motor vehicles.
‘‘(2) Increase use of seatbelts by occupants of motor vehicles.
‘‘(c) ADVERTISING.—The Secretary may use, or authorize the
use of, funds available to carry out this section to pay for the
development, production, and use of broadcast and print media
advertising and Internet-based outreach in carrying out campaigns
under this section. In allocating such funds, consideration shall
be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional
media.

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‘‘(d) COORDINATION WITH STATES.—The Secretary shall coordinate with States in carrying out the campaigns under this section,
including advertising funded under subsection (c), with consideration given to—
‘‘(1) relying on States to provide law enforcement resources
for the campaigns out of funding made available under sections
402 and 405; and
‘‘(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary for
national advertising and education efforts associated with the
campaigns.
‘‘(e) USE OF FUNDS.—Funds made available to carry out this
section may be used only for activities described in subsection
(c).
‘‘(f) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) CAMPAIGN.—The term ‘campaign’ means a high-visibility traffic safety law enforcement campaign.
‘‘(2) STATE.—The term ‘State’ has the meaning given that
term in section 401.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 4 of title
23, United States Code, is amended by striking the item relating
to section 404 and inserting the following:

23 USC
prec. 401.

‘‘404. High-visibility enforcement program.’’.

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SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.

(a) GENERAL AUTHORITY.—Section 405(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) GENERAL AUTHORITY.—Subject to the requirements of this
section, the Secretary shall manage programs to address national
priorities for reducing highway deaths and injuries. Funds shall
be allocated according to the following:
‘‘(1) OCCUPANT PROTECTION.—In each fiscal year, 13 percent
of the funds provided under this section shall be allocated
among States that adopt and implement effective occupant
protection programs to reduce highway deaths and injuries
resulting from individuals riding unrestrained or improperly
restrained in motor vehicles (as described in subsection (b)).
‘‘(2) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—In each fiscal year, 14.5 percent of the funds provided
under this section shall be allocated among States that meet
requirements with respect to State traffic safety information
system improvements (as described in subsection (c)).
‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.—In each fiscal
year, 52.5 percent of the funds provided under this section
shall be allocated among States that meet requirements with
respect to impaired driving countermeasures (as described in
subsection (d)).
‘‘(4) DISTRACTED DRIVING.—In each fiscal year, 8.5 percent
of the funds provided under this section shall be allocated
among States that adopt and implement effective laws to reduce
distracted driving (as described in subsection (e)).
‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal year, 1.5 percent
of the funds provided under this section shall be allocated
among States that implement motorcyclist safety programs (as
described in subsection (f)).

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‘‘(6) STATE GRADUATED DRIVER LICENSING LAWS.—In each
fiscal year, 5 percent of the funds provided under this section
shall be allocated among States that adopt and implement
graduated driver licensing laws (as described in subsection
(g)).
‘‘(7) NONMOTORIZED SAFETY.—In each fiscal year, 5 percent
of the funds provided under this section shall be allocated
among States that meet requirements with respect to nonmotorized safety (as described in subsection (h)).
‘‘(8) TRANSFERS.—Notwithstanding paragraphs (1) through
(7), the Secretary shall reallocate, before the last day of any
fiscal year, any amounts remaining available to carry out any
of the activities described in subsections (b) through (h) to
increase the amount made available under section 402, in order
to ensure, to the maximum extent possible, that all such
amounts are obligated during such fiscal year.
‘‘(9) MAINTENANCE OF EFFORT.—
‘‘(A) CERTIFICATION.—As part of the grant application
required in section 402(k)(3)(F), a State receiving a grant
in any fiscal year under subsection (b), (c), or (d) of this
section shall provide certification that the lead State agency
responsible for programs described in any of those subsections is maintaining aggregate expenditures at or above
the average level of such expenditures in the 2 fiscal years
prior to the date of enactment of the FAST Act.
‘‘(B) WAIVER.—Upon the request of a State, the Secretary may waive or modify the requirements under
subparagraph (A) for not more than 1 fiscal year if the
Secretary determines that such a waiver would be equitable
due to exceptional or uncontrollable circumstances.
‘‘(10) POLITICAL SUBDIVISIONS.—A State may provide the
funds awarded under this section to a political subdivision
of the State or an Indian tribal government.’’.
(b) HIGH SEATBELT USE RATE.—Section 405(b)(4)(B) of title
23, United States Code, is amended by striking ‘‘75 percent’’ and
inserting ‘‘100 percent’’.
(c) IMPAIRED DRIVING COUNTERMEASURES.—Section 405(d) of
title 23, United States Code, is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) USE OF GRANT AMOUNTS.—
‘‘(A) REQUIRED PROGRAMS.—High-range States shall
use grant funds for—
‘‘(i) high-visibility enforcement efforts; and
‘‘(ii) any of the activities described in subparagraph
(B) if—
‘‘(I) the activity is described in the statewide
plan; and
‘‘(II) the Secretary approves the use of funding
for such activity.
‘‘(B) AUTHORIZED PROGRAMS.—Medium-range and lowrange States may use grant funds for—
‘‘(i) any of the purposes described in subparagraph
(A);
‘‘(ii) hiring a full-time or part-time impaired
driving coordinator of the State’s activities to address
the enforcement and adjudication of laws regarding

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driving while impaired by alcohol, drugs, or the combination of alcohol and drugs;
‘‘(iii) court support of high-visibility enforcement
efforts, training and education of criminal justice
professionals (including law enforcement, prosecutors,
judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring
traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;
‘‘(iv) alcohol ignition interlock programs;
‘‘(v) improving blood-alcohol concentration testing
and reporting;
‘‘(vi) paid and earned media in support of highvisibility enforcement efforts, conducting standardized
field sobriety training, advanced roadside impaired
driving evaluation training, and drug recognition
expert training for law enforcement, and equipment
and related expenditures used in connection with
impaired driving enforcement in accordance with criteria established by the National Highway Traffic
Safety Administration;
‘‘(vii) training on the use of alcohol and drug
screening and brief intervention;
‘‘(viii) training for and implementation of impaired
driving assessment programs or other tools designed
to increase the probability of identifying the recidivism
risk of a person convicted of driving under the influence
of alcohol, drugs, or a combination of alcohol and drugs
and to determine the most effective mental health
or substance abuse treatment or sanction that will
reduce such risk;
‘‘(ix) developing impaired driving information systems; and
‘‘(x) costs associated with a 24-7 sobriety program.
‘‘(C) OTHER PROGRAMS.—Low-range States may use
grant funds for any expenditure designed to reduce
impaired driving based on problem identification and may
use not more than 50 percent of funds made available
under this subsection for any project or activity eligible
for funding under section 402. Medium-range and highrange States may use funds for any expenditure designed
to reduce impaired driving based on problem identification
upon approval by the Secretary.’’;
(2) in paragraph (6)—
(A) by amending the paragraph heading to read as
follows: ‘‘ADDITIONAL GRANTS.—’’;
(B) in subparagraph (A) by amending the subparagraph
heading to read as follows: ‘‘GRANTS TO STATES WITH
ALCOHOL-IGNITION INTERLOCK LAWS.—’’;
(C) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively;
(D) by inserting after subparagraph (A), the following:
‘‘(B) GRANTS TO STATES WITH 24-7 SOBRIETY PROGRAMS.—The Secretary shall make a separate grant under
this subsection to each State that—

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‘‘(i) adopts and is enforcing a law that requires
all individuals convicted of driving under the influence
of alcohol or of driving while intoxicated to receive
a restriction on driving privileges; and
‘‘(ii) provides a 24-7 sobriety program.’’;
(E) in subparagraph (C), as redesignated, by inserting
‘‘and subparagraph (B)’’ after ‘‘subparagraph (A)’’;
(F) in subparagraph (D), as redesignated, by inserting
‘‘and subparagraph (B)’’ after ‘‘subparagraph (A)’’;
(G) by amending subparagraph (E), as redesignated,
to read as follows:
‘‘(E) FUNDING.—
‘‘(i) FUNDING FOR GRANTS TO STATES WITH
ALCOHOL-IGNITION INTERLOCK LAWS.—Not more than
12 percent of the amounts made available to carry
out this subsection in a fiscal year shall be made
available by the Secretary for making grants under
subparagraph (A).
‘‘(ii) FUNDING FOR GRANTS TO STATES WITH 24-7
SOBRIETY PROGRAMS.—Not more than 3 percent of the
amounts made available to carry out this subsection
in a fiscal year shall be made available by the Secretary
for making grants under subparagraph (B).’’; and
(H) by adding at the end the following:
‘‘(F) EXCEPTIONS.—A State alcohol-ignition interlock
law under subparagraph (A) may include exceptions for
the following circumstances:
‘‘(i) The individual is required to operate an
employer’s motor vehicle in the course and scope of
employment and the business entity that owns the
vehicle is not owned or controlled by the individual.
‘‘(ii) The individual is certified by a medical doctor
as being unable to provide a deep lung breath sample
for analysis by an ignition interlock device.
‘‘(iii) A State-certified ignition interlock provider
is not available within 100 miles of the individual’s
residence.’’; and
(3) in paragraph (7)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘or a State agency’’ and
inserting ‘‘or an agency with jurisdiction’’; and
(II) by inserting ‘‘bond,’’ before ‘‘sentence’’;
(ii) in clause (i) by striking ‘‘who plead guilty or’’
and inserting ‘‘who was arrested for, plead guilty to,
or’’; and
(iii) in clause (ii)(I) by inserting ‘‘at a testing location’’ after ‘‘per day’’; and
(B) in subparagraph (D) by striking the second period
at the end.
(d) DISTRACTED DRIVING GRANTS.—Section 405(e) of title 23,
United States Code, is amended to read as follows:
‘‘(e) DISTRACTED DRIVING GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall award a grant under
this subsection to any State that includes distracted driving
awareness as part of the State’s driver’s license examination,

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1505

and enacts and enforces a law that meets the requirements
set forth in paragraphs (2) and (3).
‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING.—A State law
meets the requirements set forth in this paragraph if the law—
‘‘(A) prohibits a driver from texting through a personal
wireless communications device while driving;
‘‘(B) makes violation of the law a primary offense;
‘‘(C) establishes a minimum fine for a violation of the
law; and
‘‘(D) does not provide for an exemption that specifically
allows a driver to text through a personal wireless communication device while stopped in traffic.
‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE WHILE DRIVING
OR STOPPED IN TRAFFIC.—A State law meets the requirements
set forth in this paragraph if the law—
‘‘(A) prohibits a driver from using a personal wireless
communications device while driving if the driver is—
‘‘(i) younger than 18 years of age; or
‘‘(ii) in the learner’s permit or intermediate license
stage set forth in subsection (g)(2)(B);
‘‘(B) makes violation of the law a primary offense;
‘‘(C) establishes a minimum fine for a violation of the
law; and
‘‘(D) does not provide for an exemption that specifically
allows a driver to text through a personal wireless communication device while stopped in traffic.
‘‘(4) PERMITTED EXCEPTIONS.—A law that meets the requirements set forth in paragraph (2) or (3) may provide exceptions
for—
‘‘(A) a driver who uses a personal wireless communications device to contact emergency services;
‘‘(B) emergency services personnel who use a personal
wireless communications device while—
‘‘(i) operating an emergency services vehicle; and
‘‘(ii) engaged in the performance of their duties
as emergency services personnel;
‘‘(C) an individual employed as a commercial motor
vehicle driver or a school bus driver who uses a personal
wireless communications device within the scope of such
individual’s employment if such use is permitted under
the regulations promulgated pursuant to section 31136 of
title 49; and
‘‘(D) any additional exceptions determined by the Secretary through a rulemaking process.
‘‘(5) USE OF GRANT FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), amounts received by a State under this subsection
shall be used—
‘‘(i) to educate the public through advertising containing information about the dangers of texting or
using a cell phone while driving;
‘‘(ii) for traffic signs that notify drivers about the
distracted driving law of the State; or
‘‘(iii) for law enforcement costs related to the
enforcement of the distracted driving law.
‘‘(B) FLEXIBILITY.—

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129 STAT. 1506

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) Not more than 50 percent of amounts
received by a State under this subsection may
be used for any eligible project or activity under
section 402.
‘‘(ii) Not more than 75 percent of amounts
received by a State under this subsection may
be used for any eligible project or activity under
section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the
Secretary.
‘‘(6) ADDITIONAL DISTRACTED DRIVING GRANTS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), for
each of fiscal years 2017 and 2018, the Secretary shall
use up to 25 percent of the amounts available for grants
under this subsection to award grants to any State that—
‘‘(i) in fiscal year 2017—
‘‘(I) certifies that it has enacted a basic text
messaging statute that—
‘‘(aa) is applicable to drivers of all ages;
and
‘‘(bb) makes violation of the basic text
messaging statute a primary offense or secondary enforcement action as allowed by State
statute; and
‘‘(II) is otherwise ineligible for a grant under
this subsection; and
‘‘(ii) in fiscal year 2018—
‘‘(I) certifies that it has enacted a basic text
messaging statute that—
‘‘(aa) is applicable to drivers of all ages;
and
‘‘(bb) makes violation of the basic text
messaging statute a primary offense;
‘‘(II) imposes fines for violations;
‘‘(III) has a statute that prohibits drivers who
are younger than 18 years of age from using a
personal wireless communications device while
driving; and
‘‘(IV) is otherwise ineligible for a grant under
this subsection.
‘‘(B) USE OF GRANT FUNDS.—
‘‘(i) IN GENERAL.—Notwithstanding paragraph (5)
and subject to clauses (ii) and (iii) of this subparagraph,
amounts received by a State under subparagraph (A)
may be used for activities related to the enforcement
of distracted driving laws, including for public information and awareness purposes.
‘‘(ii) FISCAL YEAR 2017.—In fiscal year 2017, up
to 15 percent of the amounts received by a State under
subparagraph (A) may be used for any eligible project
or activity under section 402.
‘‘(iii) FISCAL YEAR 2018.—In fiscal year 2018, up
to 25 percent of the amounts received by a State under
subparagraph (A) may be used for any eligible project
or activity under section 402.

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129 STAT. 1507

‘‘(7) ALLOCATION TO SUPPORT STATE DISTRACTED DRIVING
the amounts available under this subsection in a
fiscal year for distracted driving grants, the Secretary may
expend not more than $5,000,000 for the development and
placement of broadcast media to reduce distracted driving of
motor vehicles.
‘‘(8) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal
year 2009.
‘‘(9) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) DRIVING.—The term ‘driving’—
‘‘(i) means operating a motor vehicle on a public
road; and
‘‘(ii) does not include operating a motor vehicle
when the vehicle has pulled over to the side of, or
off, an active roadway and has stopped in a location
where it can safely remain stationary.
‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.—
The term ‘personal wireless communications device’—
‘‘(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of
the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted; and
‘‘(ii) does not include a global navigation satellite
system receiver used for positioning, emergency
notification, or navigation purposes.
‘‘(C) PRIMARY OFFENSE.—The term ‘primary offense’
means an offense for which a law enforcement officer may
stop a vehicle solely for the purpose of issuing a citation
in the absence of evidence of another offense.
‘‘(D) PUBLIC ROAD.—The term ‘public road’ has the
meaning given such term in section 402(c).
‘‘(E) TEXTING.—The term ‘texting’ means reading from
or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS
texting, emailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication.’’.
(e) MOTORCYCLIST SAFETY.—Section 405(f) of title 23, United
States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal
year 2009, except that the amount of a grant awarded to
a State for a fiscal year may not exceed 25 percent of the
amount apportioned to the State under such section for fiscal
year 2009.’’;
(2) in paragraph (4) by adding at the end the following:
‘‘(C) FLEXIBILITY.—Not more than 50 percent of grant
funds received by a State under this subsection may be
used for any eligible project or activity under section 402
if the State is in the lowest 25 percent of all States for
motorcycle deaths per 10,000 motorcycle registrations

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LAWS.—Of

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129 STAT. 1508

PUBLIC LAW 114–94—DEC. 4, 2015

based on the most recent data that conforms with criteria
established by the Secretary.’’; and
(3) by adding at the end the following:
‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.—Not later than
1 year after the date of enactment of this paragraph, the
Secretary shall update and provide to the States model language, for use in traffic safety education courses, driver’s
manuals, and other driver training materials, that provides
instruction for drivers of motor vehicles on the importance
of sharing the road safely with motorcyclists.’’.
(f) MINIMUM REQUIREMENTS FOR STATE GRADUATED DRIVER
LICENSING INCENTIVE GRANT PROGRAM.—Section 405(g) of title 23,
United States Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A) by striking ‘‘21’’ and inserting
‘‘18’’; and
(B) by amending subparagraph (B) to read as follows:
‘‘(B) LICENSING PROCESS.—A State is in compliance
with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include—
‘‘(i) a learner’s permit stage that—
‘‘(I) is at least 6 months in duration;
‘‘(II) contains a prohibition on the driver using
a personal wireless communications device (as
defined in subsection (e)) while driving except
under an exception permitted under paragraph (4)
of that subsection, and makes a violation of the
prohibition a primary offense;
‘‘(III) requires applicants to successfully pass
a vision and knowledge assessment prior to
receiving a learner’s permit;
‘‘(IV) requires that the driver be accompanied
and supervised at all times while the driver is
operating a motor vehicle by a licensed driver who
is at least 21 years of age or is a State-certified
driving instructor;
‘‘(V) has a requirement that the driver—
‘‘(aa) complete a State-certified driver education or training course; or
‘‘(bb) obtain at least 50 hours of behindthe-wheel training, with at least 10 hours at
night, with a licensed driver; and
‘‘(VI) remains in effect until the driver—
‘‘(aa) reaches 16 years of age and enters
the intermediate stage; or
‘‘(bb) reaches 18 years of age;
‘‘(ii) an intermediate stage that—
‘‘(I) commences immediately after the expiration of the learner’s permit stage and successful
completion of a driving skills assessment;
‘‘(II) is at least 6 months in duration;
‘‘(III) prohibits the driver from using a personal wireless communications device (as defined
in subsection (e)) while driving except under an
exception permitted under paragraph (4) of that
subsection, and makes a violation of the prohibition a primary offense;

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1509

‘‘(IV) for the first 6 months of the intermediate
stage, restricts driving at night between the hours
of 10:00 p.m. and 5:00 a.m. when not supervised
by a licensed driver 21 years of age or older,
excluding transportation to work, school, religious
activities, or emergencies;
‘‘(V) prohibits the driver from operating a
motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of age
is in the motor vehicle; and
‘‘(VI) remains in effect until the driver reaches
17 years of age; and
‘‘(iii) learner’s permit and intermediate stages that
each require, in addition to any other penalties imposed
by State law, that the granting of an unrestricted
driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate
stage, is convicted of a driving-related offense during
the first 6 months, including—
‘‘(I) driving while intoxicated;
‘‘(II) misrepresentation of the individual’s age;
‘‘(III) reckless driving;
‘‘(IV) driving without wearing a seat belt;
‘‘(V) speeding; or
‘‘(VI) any other driving-related offense, as
determined by the Secretary.’’; and
(2) by adding at the end the following:
‘‘(6) SPECIAL RULE.—Notwithstanding paragraph (5), up to
100 percent of grant funds received by a State under this
subsection may be used for any eligible project or activity
under section 402, if the State is in the lowest 25 percent
of all States for the number of drivers under age 18 involved
in fatal crashes in the State per the total number of drivers
under age 18 in the State based on the most recent data
that conforms with criteria established by the Secretary.’’.
(g) NONMOTORIZED SAFETY.—Section 405 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(h) NONMOTORIZED SAFETY.—
‘‘(1) GENERAL AUTHORITY.—Subject to the requirements
under this subsection, the Secretary shall award grants to
States for the purpose of decreasing pedestrian and bicycle
fatalities and injuries that result from crashes involving a
motor vehicle.
‘‘(2) FEDERAL SHARE.—The Federal share of the cost of
a project carried out by a State using amounts from a grant
awarded under this subsection may not exceed 80 percent.
‘‘(3) ELIGIBILITY.—A State shall receive a grant under this
subsection in a fiscal year if the annual combined pedestrian
and bicycle fatalities in the State exceed 15 percent of the
total annual crash fatalities in the State, based on the most
recently reported final data from the Fatality Analysis
Reporting System.
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds received by
a State under this subsection may be used for—
‘‘(A) training of law enforcement officials on State laws
applicable to pedestrian and bicycle safety;

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) enforcement mobilizations and campaigns
designed to enforce State traffic laws applicable to pedestrian and bicycle safety; and
‘‘(C) public education and awareness programs
designed to inform motorists, pedestrians, and bicyclists
of State traffic laws applicable to pedestrian and bicycle
safety.
‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal
year 2009.’’.

SEC. 4006. TRACKING PROCESS.

Section 412 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(f) TRACKING PROCESS.—The Secretary shall develop a process
to identify and mitigate possible systemic issues across States and
regional offices by reviewing oversight findings and recommended
actions identified in triennial State management reviews.’’.
23 USC 153 note.

SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING.

Notwithstanding section 153 of title 23, United States Code,
the Secretary may not provide a grant or any funds to a State,
county, town, township, Indian tribe, municipality, or other local
government that may be used for any program—
(1) to check helmet usage; or
(2) to create checkpoints that specifically target motorcycle
operators or motorcycle passengers.

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SEC. 4008. MARIJUANA-IMPAIRED DRIVING.

(a) STUDY.—The Secretary, in consultation with the heads of
other Federal agencies as appropriate, shall conduct a study on
marijuana-impaired driving.
(b) ISSUES TO BE EXAMINED.—In conducting the study, the
Secretary shall examine, at a minimum, the following:
(1) Methods to detect marijuana-impaired driving,
including devices capable of measuring marijuana levels in
motor vehicle operators.
(2) A review of impairment standard research for driving
under the influence of marijuana.
(3) Methods to differentiate the cause of a driving impairment between alcohol and marijuana.
(4) State-based policies on marijuana-impaired driving.
(5) The role and extent of marijuana impairment in motor
vehicle accidents.
(c) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, in cooperation with
other Federal agencies as appropriate, shall submit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
(2) CONTENTS.—The report shall include, at a minimum,
the following:
(A) FINDINGS.—The findings of the Secretary based
on the study, including, at a minimum, the following:

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(i) An assessment of methodologies and technologies for measuring driver impairment resulting
from the use of marijuana, including the use of marijuana in combination with alcohol.
(ii) A description and assessment of the role of
marijuana as a causal factor in traffic crashes and
the extent of the problem of marijuana-impaired
driving.
(iii) A description and assessment of current State
laws relating to marijuana-impaired driving.
(iv) A determination whether an impairment
standard for drivers under the influence of marijuana
is feasible and could reduce vehicle accidents and save
lives.
(B) RECOMMENDATIONS.—The recommendations of the
Secretary based on the study, including, at a minimum,
the following:
(i) Effective and efficient methods for training law
enforcement personnel, including drug recognition
experts, to detect or measure the level of impairment
of a motor vehicle operator who is under the influence
of marijuana by the use of technology or otherwise.
(ii) If feasible, an impairment standard for driving
under the influence of marijuana.
(iii) Methodologies for increased data collection
regarding the prevalence and effects of marijuanaimpaired driving.
(d) MARIJUANA DEFINED.—In this section, the term ‘‘marijuana’’
includes all substances containing tetrahydrocannabinol.
SEC. 4009. INCREASING PUBLIC AWARENESS OF THE DANGERS OF
DRUG-IMPAIRED DRIVING.

23 USC 402 note.

(a) ADDITIONAL ACTIONS.—The Administrator of the National
Highway Traffic Safety Administration, in consultation with the
White House Office of National Drug Control Policy, the Secretary
of Health and Human Services, State highway safety offices, and
other interested parties, as determined by the Administrator, shall
identify and carry out additional actions that should be undertaken
by the Administration to assist States in their efforts to increase
public awareness of the dangers of drug-impaired driving, including
the dangers of driving while under the influence of heroin or
prescription opioids.
(b) REPORT.—Not later than 60 days after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the additional actions undertaken by the Administration pursuant to subsection (a).

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SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

23 USC 405 note.

Not later than 60 days after the date on which the Secretary
awards grants under section 405 of title 23, United States Code,
the Secretary shall make available on a publicly available Internet
Web site of the Department of Transportation—
(1) an identification of—
(A) the States that were awarded grants under such
section;

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(B) the States that applied and were not awarded
grants under such section; and
(C) the States that did not apply for a grant under
such section; and
(2) a list of deficiencies that made a State ineligible for
a grant under such section for each State under paragraph
(1)(B).

SEC. 4011. DATA COLLECTION.

Section 1906 of SAFETEA–LU (23 U.S.C. 402 note) is
amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘(A) has enacted’’ and all that follows
through ‘‘(B) is maintaining’’ and inserting ‘‘is
maintaining’’; and
(B) by striking ‘‘and any passengers’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) USE OF GRANT FUNDS.—A grant received by a State under
subsection (a) shall be used by the State for the costs of—
‘‘(1) collecting and maintaining data on traffic stops; and
‘‘(2) evaluating the results of the data.’’;
(3) by striking subsection (c) and redesignating subsections
(d) and (e) as subsections (c) and (d), respectively;
(4) in subsection (c)(2), as so redesignated, by striking
‘‘A State’’ and inserting ‘‘On or after October 1, 2015, a State’’;
and
(5) in subsection (d), as so redesignated—
(A) in the subsection heading by striking ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and inserting ‘‘FUNDING’’;
(B) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—From funds made available under section
403 of title 23, United States Code, the Secretary shall set
aside $7,500,000 for each of fiscal years 2017 through 2020
to carry out this section.’’;
(C) in paragraph (2)—
(i) by striking ‘‘authorized by’’ and inserting ‘‘made
available under’’; and
(ii) by striking ‘‘percent,’’ and all that follows
through the period at the end and inserting ‘‘percent.’’;
and
(D) by adding at the end the following:
‘‘(3) OTHER USES.—The Secretary may reallocate, before
the last day of any fiscal year, amounts remaining available
under paragraph (1) to increase the amounts made available
to carry out any of other activities authorized under section
403 of title 23, United States Code, in order to ensure, to
the maximum extent possible, that all such amounts are obligated during such fiscal year.’’.

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SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL
AND DRUG USE BY DRIVERS.

Not later than 180 days after the date on which the Comptroller
General of the United States reviews and reports on the overall
value of the National Roadside Survey to researchers and other
public safety stakeholders, the differences between a National Roadside Survey site and typical law enforcement checkpoints, and the

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effectiveness of the National Roadside Survey methodology at protecting the privacy of the driving public, as requested by the Committee on Appropriations of the Senate on June 5, 2014 (Senate
Report 113–182), the Secretary shall report to Congress on the
National Highway Traffic Safety Administration’s progress toward
reviewing that report and implementing any recommendations
made in that report.
SEC. 4013. BARRIERS TO DATA COLLECTION REPORT.

Not later than 180 days after the date of enactment of this
Act, the Administrator of the National Highway Traffic Safety
Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
(1) identifies any legal and technical barriers to capturing
adequate data on the prevalence of the use of wireless communications devices while driving; and
(2) provides recommendations on how to address such barriers.
SEC. 4014. TECHNICAL CORRECTIONS.

Title 23, United States Code, is amended as follows:
(1) Section 402 is amended—
(A) in subsection (b)(1)—
(i) in subparagraph (C) by striking ‘‘paragraph (3)’’
and inserting ‘‘paragraph (2)’’; and
(ii) in subparagraph (E)—
(I) by striking ‘‘in which’’ and inserting ‘‘for
which’’; and
(II) by striking ‘‘under subsection (f)’’ and
inserting ‘‘under subsection (k)’’; and
(B) in subsection (k)(5), as redesignated by this Act,
by striking ‘‘under paragraph (2)(A)’’ and inserting ‘‘under
paragraph (3)(A)’’.
(2) Section 403(e) is amended by striking ‘‘chapter 301’’
and inserting ‘‘chapter 301 of title 49’’.
(3) Section 405 is amended—
(A) in subsection (d)—
(i) in paragraph (5) by striking ‘‘under section
402(c)’’ and inserting ‘‘under section 402’’; and
(ii) in paragraph (6)(D), as redesignated by this
Act, by striking ‘‘on the basis of the apportionment
formula set forth in section 402(c)’’ and inserting ‘‘in
proportion to the State’s apportionment under section
402 for fiscal year 2009’’; and
(B) in subsection (f)(4)(A)(iv)—
(i) by striking ‘‘such as the’’ and inserting
‘‘including’’; and
(ii) by striking ‘‘developed under subsection (g)’’.

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SEC. 4015. EFFECTIVE DATE FOR CERTAIN PROGRAMS.

23 USC 164 note.

Notwithstanding any other provision of this Act, except for
the technical corrections in section 4014, the amendments made
by this Act to sections 164, 402, and 405 of title 23, United States
Code, shall be effective on October 1, 2016.

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PUBLIC LAW 114–94—DEC. 4, 2015

TITLE V—MOTOR CARRIER SAFETY
Subtitle A—Motor Carrier Safety Grant
Consolidation
SEC. 5101. GRANTS TO STATES.

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(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section
31102 of title 49, United States Code, is amended to read as
follows:
‘‘§ 31102. Motor carrier safety assistance program
‘‘(a) IN GENERAL.—The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section
31104.
‘‘(b) GOAL.—The goal of the program is to ensure that the
Secretary, States, local governments, other political jurisdictions,
federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial
motor vehicle, and driver safety to support a safe and efficient
surface transportation system by—
‘‘(1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation
of passengers and hazardous materials;
‘‘(2) investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and in fatalities resulting from such crashes;
‘‘(3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices
consistent with Federal requirements; and
‘‘(4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.
‘‘(c) STATE PLANS.—
‘‘(1) IN GENERAL.—In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the
State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations,
standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety.
‘‘(2) CONTENTS.—The Secretary shall approve a State plan
if the Secretary determines that the plan is adequate to comply
with the requirements of this section, and the plan—
‘‘(A)
implements
performance-based
activities,
including deployment and maintenance of technology to
enhance the efficiency and effectiveness of commercial
motor vehicle safety programs;
‘‘(B) designates a lead State commercial motor vehicle
safety agency responsible for administering the plan
throughout the State;
‘‘(C) contains satisfactory assurances that the lead
State commercial motor vehicle safety agency has or will

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129 STAT. 1515

have the legal authority, resources, and qualified personnel
necessary to enforce the regulations, standards, and orders;
‘‘(D) contains satisfactory assurances that the State
will devote adequate resources to the administration of
the plan and enforcement of the regulations, standards,
and orders;
‘‘(E) provides a right of entry (or other method a State
may use that the Secretary determines is adequate to
obtain necessary information) and inspection to carry out
the plan;
‘‘(F) provides that all reports required under this section be available to the Secretary on request;
‘‘(G) provides that the lead State commercial motor
vehicle safety agency will adopt the reporting requirements
and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes;
‘‘(H) requires all registrants of commercial motor
vehicles to demonstrate knowledge of applicable safety
regulations, standards, and orders of the Federal Government and the State;
‘‘(I) provides that the State will grant maximum reciprocity for inspections conducted under the North American
Inspection Standards through the use of a nationally
accepted system that allows ready identification of previously inspected commercial motor vehicles;
‘‘(J) ensures that activities described in subsection (h),
if financed through grants to the State made under this
section, will not diminish the effectiveness of the development and implementation of the programs to improve motor
carrier, commercial motor vehicle, and driver safety as
described in subsection (b);
‘‘(K) ensures that the lead State commercial motor
vehicle safety agency will coordinate the plan, data collection, and information systems with the State highway
safety improvement program required under section 148(c)
of title 23;
‘‘(L) ensures participation in appropriate Federal Motor
Carrier Safety Administration information technology and
data systems and other information systems by all appropriate jurisdictions receiving motor carrier safety assistance
program funding;
‘‘(M) ensures that information is exchanged among the
States in a timely manner;
‘‘(N) provides satisfactory assurances that the State
will undertake efforts that will emphasize and improve
enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety;
‘‘(O) provides satisfactory assurances that the State
will address national priorities and performance goals,
including—
‘‘(i) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the
United States through adequate enforcement of regulations on the use of alcohol and controlled substances
and by ensuring ready roadside access to alcohol detection and measuring equipment;

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) activities aimed at providing an appropriate
level of training to State motor carrier safety assistance
program officers and employees on recognizing drivers
impaired by alcohol or controlled substances; and
‘‘(iii) when conducted with an appropriate commercial motor vehicle inspection, criminal interdiction
activities, and appropriate strategies for carrying out
those interdiction activities, including interdiction
activities that affect the transportation of controlled
substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802) and listed in part 1308 of
title 21, Code of Federal Regulations, as updated and
republished from time to time) by any occupant of
a commercial motor vehicle;
‘‘(P) provides that the State has established and dedicated sufficient resources to a program to ensure that—
‘‘(i) the State collects and reports to the Secretary
accurate, complete, and timely motor carrier safety
data; and
‘‘(ii) the State participates in a national motor
carrier safety data correction system prescribed by the
Secretary;
‘‘(Q) ensures that the State will cooperate in the
enforcement of financial responsibility requirements under
sections 13906, 31138, and 31139 and regulations issued
under those sections;
‘‘(R) ensures consistent, effective, and reasonable sanctions;
‘‘(S) ensures that roadside inspections will be conducted
at locations that are adequate to protect the safety of
drivers and enforcement personnel;
‘‘(T) provides that the State will include in the training
manuals for the licensing examination to drive noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity
of noncommercial and commercial motor vehicles;
‘‘(U) provides that the State will enforce the registration requirements of sections 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated
by a motor carrier without a registration issued under
those sections or to be operated beyond the scope of the
motor carrier’s registration;
‘‘(V) provides that the State will conduct comprehensive
and highly visible traffic enforcement and commercial
motor vehicle safety inspection programs in high-risk locations and corridors;
‘‘(W) except in the case of an imminent hazard or
obvious safety hazard, ensures that an inspection of a
vehicle transporting passengers for a motor carrier of passengers is conducted at a bus station, terminal, border
crossing, maintenance facility, destination, or other location
where a motor carrier may make a planned stop (excluding
a weigh station);
‘‘(X) ensures that the State will transmit to its roadside
inspectors notice of each Federal exemption granted under
section 31315(b) of this title and sections 390.23 and 390.25

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129 STAT. 1517

of title 49, Code of Federal Regulations, and provided to
the State by the Secretary, including the name of the
person that received the exemption and any terms and
conditions that apply to the exemption;
‘‘(Y) except as provided in subsection (d), provides that
the State—
‘‘(i) will conduct safety audits of interstate and,
at the State’s discretion, intrastate new entrant motor
carriers under section 31144(g); and
‘‘(ii) if the State authorizes a third party to conduct
safety audits under section 31144(g) on its behalf, the
State verifies the quality of the work conducted and
remains solely responsible for the management and
oversight of the activities;
‘‘(Z) provides that the State agrees to fully participate
in the performance and registration information systems
management under section 31106(b) not later than October
1, 2020, by complying with the conditions for participation
under paragraph (3) of that section, or demonstrates to
the Secretary an alternative approach for identifying and
immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level
of safety;
‘‘(AA) in the case of a State that shares a land border
with another country, provides that the State—
‘‘(i) will conduct a border commercial motor vehicle
safety program focusing on international commerce
that includes enforcement and related projects; or
‘‘(ii) will forfeit all funds calculated by the Secretary based on border-related activities if the State
declines to conduct the program described in clause
(i) in its plan; and
‘‘(BB) in the case of a State that meets the other
requirements of this section and agrees to comply with
the requirements established in subsection (l)(3), provides
that the State may fund operation and maintenance costs
associated with innovative technology deployment under
subsection (l)(3) with motor carrier safety assistance program funds authorized under section 31104(a)(1).
‘‘(3) PUBLICATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-year
plan, and each annual update thereto, on a publically accessible Internet Web site of the Department of Transportation
not later than 30 days after the date the Secretary approves
the plan or update.
‘‘(B) LIMITATION.—Before publishing an approved State
multiple-year plan or annual update under subparagraph
(A), the Secretary shall redact any information identified
by the State that, if disclosed—
‘‘(i) would reasonably be expected to interfere with
enforcement proceedings; or
‘‘(ii) would reveal enforcement techniques or procedures that would reasonably be expected to risk circumvention of the law.
‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The requirement that
a State conduct safety audits of new entrant motor carriers under

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subsection (c)(2)(Y) does not apply to a territory of the United
States unless required by the Secretary.
‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle safety
laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections (b) and (c). To the extent
practicable, the guidelines and standards shall allow for maximum
flexibility while ensuring a degree of uniformity that will not
diminish motor vehicle safety.
‘‘(f) MAINTENANCE OF EFFORT.—
‘‘(1) BASELINE.—Except as provided under paragraphs (2)
and (3) and in accordance with section 5107 of the FAST
Act, a State plan under subsection (c) shall provide that the
total expenditure of amounts of the lead State commercial
motor vehicle safety agency responsible for administering the
plan will be maintained at a level each fiscal year that is
at least equal to—
‘‘(A) the average level of that expenditure for fiscal
years 2004 and 2005; or
‘‘(B) the level of that expenditure for the year in which
the Secretary implements a new allocation formula under
section 5106 of the FAST Act.
‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR 2017.—At the
request of a State, the Secretary may evaluate additional documentation related to the maintenance of effort and may make
reasonable adjustments to the maintenance of effort baseline
after the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act, and this
adjusted baseline will replace the maintenance of effort requirement under paragraph (1).
‘‘(3) WAIVERS.—At the request of a State, the Secretary
may waive or modify the requirements of this subsection for
a total of 1 fiscal year if the Secretary determines that the
waiver or modification is reasonable, based on circumstances
described by the State, to ensure the continuation of commercial
motor vehicle enforcement activities in the State.
‘‘(4) LEVEL OF STATE EXPENDITURES.—In estimating the
average level of a State’s expenditures under paragraph (1),
the Secretary—
‘‘(A) may allow the State to exclude State expenditures
for federally sponsored demonstration and pilot programs
and strike forces;
‘‘(B) may allow the State to exclude expenditures for
activities related to border enforcement and new entrant
safety audits; and
‘‘(C) shall require the State to exclude State matching
amounts used to receive Federal financing under section
31104.
‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES AGREEMENT.—Amounts generated under section 14504a and received by
a State and used for motor carrier safety purposes may be included
as part of the State’s match required under section 31104 or maintenance of effort required by subsection (f).
‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.—When
approved as part of a State’s plan under subsection (c), the State

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129 STAT. 1519

may use motor carrier safety assistance program funds received
under this section—
‘‘(1) if the activities are carried out in conjunction with
an appropriate inspection of a commercial motor vehicle to
enforce Federal or State commercial motor vehicle safety regulations, for—
‘‘(A) enforcement of commercial motor vehicle size and
weight limitations at locations, excluding fixed-weight
facilities, such as near steep grades or mountainous terrains, where the weight of a commercial motor vehicle
can significantly affect the safe operation of the vehicle,
or at ports where intermodal shipping containers enter
and leave the United States; and
‘‘(B) detection of and enforcement actions taken as
a result of criminal activity, including the trafficking of
human beings, in a commercial motor vehicle or by any
occupant, including the operator, of the commercial motor
vehicle; and
‘‘(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such
laws and regulations relating to noncommercial motor vehicles
when necessary to promote the safe operation of commercial
motor vehicles, if—
‘‘(A) the number of motor carrier safety activities,
including roadside safety inspections, conducted in the
State is maintained at a level at least equal to the average
level of such activities conducted in the State in fiscal
years 2004 and 2005; and
‘‘(B) the State does not use more than 10 percent
of the basic amount the State receives under a grant
awarded under section 31104(a)(1) for enforcement activities relating to noncommercial motor vehicles necessary
to promote the safe operation of commercial motor vehicles
unless the Secretary determines that a higher percentage
will result in significant increases in commercial motor
vehicle safety.
‘‘(i) EVALUATION OF PLANS AND AWARD OF GRANTS.—
‘‘(1) AWARDS.—The Secretary shall establish criteria for
the application, evaluation, and approval of State plans under
this section. Subject to subsection (j), the Secretary may allocate
the amounts made available under section 31104(a)(1) among
the States.
‘‘(2) OPPORTUNITY TO CURE.—If the Secretary disapproves
a plan under this section, the Secretary shall give the State
a written explanation of the reasons for disapproval and allow
the State to modify and resubmit the plan for approval.
‘‘(j) ALLOCATION OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary, by regulation, shall prescribe allocation criteria for funds made available under section
31104(a)(1).
‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of each fiscal
year, or as soon as practicable thereafter, and after making
a deduction under section 31104(c), the Secretary shall allocate
amounts made available under section 31104(a)(1) to carry
out this section for the fiscal year among the States with

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PUBLIC LAW 114–94—DEC. 4, 2015
plans approved under this section in accordance with the criteria prescribed under paragraph (1).
‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the availability
of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation
amounts, after the creation of a new allocation formula under
section 5106 of the FAST Act, the Secretary may not make
elective adjustments to the allocation formula that decrease
a State’s Federal funding levels by more than 3 percent in
a fiscal year. The 3 percent limit shall not apply to the withholding provisions of subsection (k).
‘‘(k) PLAN MONITORING.—
‘‘(1) IN GENERAL.—On the basis of reports submitted by
the lead State agency responsible for administering a State
plan approved under this section and an investigation by the
Secretary, the Secretary shall periodically evaluate State
implementation of and compliance with the State plan.
‘‘(2) WITHHOLDING OF FUNDS.—
‘‘(A) DISAPPROVAL.—If, after notice and an opportunity
to be heard, the Secretary finds that a State plan previously
approved under this section is not being followed or has
become inadequate to ensure enforcement of State regulations, standards, or orders described in subsection (c)(1),
or the State is otherwise not in compliance with the requirements of this section, the Secretary may withdraw approval
of the State plan and notify the State. Upon the receipt
of such notice, the State plan shall no longer be in effect
and the Secretary shall withhold all funding to the State
under this section.
‘‘(B) NONCOMPLIANCE WITHHOLDING.—In lieu of withdrawing approval of a State plan under subparagraph (A),
the Secretary may, after providing notice to the State and
an opportunity to be heard, withhold funding from the
State to which the State would otherwise be entitled under
this section for the period of the State’s noncompliance.
In exercising this option, the Secretary may withhold—
‘‘(i) up to 5 percent of funds during the fiscal
year that the Secretary notifies the State of its noncompliance;
‘‘(ii) up to 10 percent of funds for the first full
fiscal year of noncompliance;
‘‘(iii) up to 25 percent of funds for the second
full fiscal year of noncompliance; and
‘‘(iv) not more than 50 percent of funds for the
third and any subsequent full fiscal year of noncompliance.
‘‘(3) JUDICIAL REVIEW.—A State adversely affected by a
determination under paragraph (2) may seek judicial review
under chapter 7 of title 5. Notwithstanding the disapproval
of a State plan under paragraph (2)(A) or the withholding
of funds under paragraph (2)(B), the State may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the
issues involved are not related directly to the reasons for the
disapproval or withholding.
‘‘(l) HIGH PRIORITY PROGRAM.—

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129 STAT. 1521

‘‘(1) IN GENERAL.—The Secretary shall administer a high
priority program funded under section 31104(a)(2) for the purposes described in paragraphs (2) and (3).
‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER SAFETY.—The
Secretary may make discretionary grants to and enter into
cooperative agreements with States, local governments, federally recognized Indian tribes, other political jurisdictions as
necessary, and any person to carry out high priority activities
and projects that augment motor carrier safety activities and
projects planned in accordance with subsections (b) and (c),
including activities and projects that—
‘‘(A) increase public awareness and education on
commercial motor vehicle safety;
‘‘(B) target unsafe driving of commercial motor vehicles
and noncommercial motor vehicles in areas identified as
high risk crash corridors;
‘‘(C) improve the safe and secure movement of hazardous materials;
‘‘(D) improve safe transportation of goods and persons
in foreign commerce;
‘‘(E) demonstrate new technologies to improve commercial motor vehicle safety;
‘‘(F) support participation in performance and registration information systems management under section
31106(b)—
‘‘(i) for entities not responsible for submitting the
plan under subsection (c); or
‘‘(ii) for entities responsible for submitting the plan
under subsection (c)—
‘‘(I) before October 1, 2020, to achieve compliance with the requirements of participation; and
‘‘(II) beginning on October 1, 2020, or once
compliance is achieved, whichever is sooner, for
special initiatives or projects that exceed routine
operations required for participation;
‘‘(G) conduct safety data improvement projects—
‘‘(i) that complete or exceed the requirements
under subsection (c)(2)(P) for entities not responsible
for submitting the plan under subsection (c); or
‘‘(ii) that exceed the requirements under subsection
(c)(2)(P) for entities responsible for submitting the plan
under subsection (c); and
‘‘(H) otherwise improve commercial motor vehicle
safety and compliance with commercial motor vehicle safety
regulations.
‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT GRANT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall establish an
innovative technology deployment grant program to make
discretionary grants to eligible States for the innovative
technology deployment of commercial motor vehicle
information systems and networks.
‘‘(B) PURPOSES.—The purposes of the program shall
be—
‘‘(i) to advance the technological capability and
promote the deployment of intelligent transportation

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PUBLIC LAW 114–94—DEC. 4, 2015
system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial
driver, and carrier-specific information systems and
networks; and
‘‘(ii) to support and maintain commercial motor
vehicle information systems and networks—
‘‘(I) to link Federal motor carrier safety
information systems with State commercial motor
vehicle systems;
‘‘(II) to improve the safety and productivity
of commercial motor vehicles and drivers; and
‘‘(III) to reduce costs associated with commercial motor vehicle operations and Federal and
State commercial motor vehicle regulatory requirements.
‘‘(C) ELIGIBILITY.—To be eligible for a grant under this
paragraph, a State shall—
‘‘(i) have a commercial motor vehicle information
systems and networks program plan approved by the
Secretary that describes the various systems and networks at the State level that need to be refined,
revised, upgraded, or built to accomplish deployment
of commercial motor vehicle information systems and
networks capabilities;
‘‘(ii) certify to the Secretary that its commercial
motor vehicle information systems and networks
deployment activities, including hardware procurement, software and system development, and infrastructure modifications—
‘‘(I) are consistent with the national intelligent
transportation systems and commercial motor
vehicle information systems and networks
architectures and available standards; and
‘‘(II) promote interoperability and efficiency to
the extent practicable; and
‘‘(iii) agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the
national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks.
‘‘(D) USE OF FUNDS.—Grant funds received under this
paragraph may be used—
‘‘(i) for deployment activities and activities to
develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks;
‘‘(ii) for planning activities, including the development or updating of program or top level design plans
in order to become eligible or maintain eligibility under
subparagraph (C); and
‘‘(iii) for the operation and maintenance costs associated with innovative technology.
‘‘(E) SECRETARY AUTHORIZATION.—The Secretary is
authorized to award a State funding for the operation

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and maintenance costs associated with innovative technology deployment with funds made available under sections 31104(a)(1) and 31104(a)(2).’’.
(b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PROGRAM.—Section 31103 of title 49, United States Code, is amended
to read as follows:

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‘‘§ 31103. Commercial motor vehicle operators grant program
‘‘(a) IN GENERAL.—The Secretary shall administer a commercial
motor vehicle operators grant program funded under section 31104.
‘‘(b) PURPOSE.—The purpose of the grant program is to train
individuals in the safe operation of commercial motor vehicles (as
defined in section 31301).
‘‘(c) VETERANS.—In administering grants under this section,
the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined
in section 101 of title 10) in the safe operation of such vehicles.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 31104 of title
49, United States Code, as amended by this Act, is further amended
on the effective date set forth in subsection (f) to read as follows:
‘‘§ 31104. Authorization of appropriations
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The following sums
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Subject
to paragraph (2) and subsection (c), to carry out section 31102
(except subsection (l))—
‘‘(A) $292,600,000 for fiscal year 2017;
‘‘(B) $298,900,000 for fiscal year 2018;
‘‘(C) $304,300,000 for fiscal year 2019; and
‘‘(D) $308,700,000 for fiscal year 2020.
‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.—Subject to subsection (c), to carry out section 31102(l)—
‘‘(A) $42,200,000 for fiscal year 2017;
‘‘(B) $43,100,000 for fiscal year 2018;
‘‘(C) $44,000,000 for fiscal year 2019; and
‘‘(D) $44,900,000 for fiscal year 2020.
‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PROGRAM.—To carry out section 31103—
‘‘(A) $1,000,000 for fiscal year 2017;
‘‘(B) $1,000,000 for fiscal year 2018;
‘‘(C) $1,000,000 for fiscal year 2019; and
‘‘(D) $1,000,000 for fiscal year 2020.
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLEMENTATION PROGRAM.—Subject to subsection (c), to carry out section
31313—
‘‘(A) $31,200,000 for fiscal year 2017;
‘‘(B) $31,800,000 for fiscal year 2018;
‘‘(C) $32,500,000 for fiscal year 2019; and
‘‘(D) $33,200,000 for fiscal year 2020.
‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS FOR
GOVERNMENT SHARE OF COSTS.—
‘‘(1) IN GENERAL.—Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government’s share of the
costs incurred.

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‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary shall
reimburse a recipient, in accordance with a financial assistance
agreement made under section 31102, 31103, or 31313, an
amount that is at least 85 percent of the costs incurred by
the recipient in a fiscal year in developing and implementing
programs under such sections. The Secretary shall pay the
recipient an amount not more than the Federal Government
share of the total costs approved by the Federal Government
in the financial assistance agreement. The Secretary shall
include a recipient’s in-kind contributions in determining the
reimbursement.
‘‘(3) VOUCHERS.—Each recipient shall submit vouchers at
least quarterly for costs the recipient incurs in developing and
implementing programs under sections 31102, 31103, and
31313.
‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PROGRAM SUPPORT.—On October 1 of each fiscal year, or as soon after that
date as practicable, the Secretary may deduct from amounts made
available under paragraphs (1), (2), and (4) of subsection (a) for
that fiscal year not more than 1.50 percent of those amounts for
partner training and program support in that fiscal year. The
Secretary shall use at least 75 percent of those deducted amounts
to train non-Federal Government employees and to develop related
training materials in carrying out such programs.
‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS CONTRACTUAL
OBLIGATIONS.—The approval of a financial assistance agreement
by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs in carrying out the provisions
of the grant or cooperative agreement.
‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall establish criteria
for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice
of funding availability before the financial assistance program
application period.
‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSISTANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDITURES.—The period of availability for a recipient to expend funds under a grant or cooperative
agreement authorized under subsection (a) is as follows:
‘‘(1) For grants made for carrying out section 31102, other
than section 31102(l), for the fiscal year in which the Secretary
approves the financial assistance agreement and for the next
fiscal year.
‘‘(2) For grants made or cooperative agreements entered
into for carrying out section 31102(l)(2), for the fiscal year
in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years.
‘‘(3) For grants made for carrying out section 31102(l)(3),
for the fiscal year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.
‘‘(4) For grants made for carrying out section 31103, for
the fiscal year in which the Secretary approves the financial
assistance agreement and for the next fiscal year.
‘‘(5) For grants made or cooperative agreements entered
into for carrying out section 31313, for the fiscal year in which
the Secretary approves the financial assistance agreement and
for the next 4 fiscal years.

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1525

‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAILABILITY.—
Amounts authorized from the Highway Trust Fund (other than
the Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or on
October 1 of the fiscal year for which they are authorized, whichever
occurs first.
‘‘(h) AVAILABILITY OF FUNDING.—Amounts made available under
this section shall remain available until expended.
‘‘(i) REALLOCATION.—Amounts not expended by a recipient
during the period of availability shall be released back to the
Secretary for reallocation for any purpose under section 31102,
31103, or 31313 or this section to ensure, to the maximum extent
possible, that all such amounts are obligated.’’.
(d) CLERICAL AMENDMENT.—The analysis for chapter 311 of
title 49, United States Code, is amended by striking the items
relating to sections 31102, 31103, and 31104 and inserting the
following:

49 USC
prec. 31100.

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‘‘31102. Motor carrier safety assistance program.
‘‘31103. Commercial motor vehicle operators grant program.
‘‘31104. Authorization of appropriations.’’.

(e) CONFORMING AMENDMENTS.—
(1) SAFETY FITNESS OF OWNERS AND OPERATOR; SAFETY
REVIEWS OF NEW OPERATORS.—Section 31144(g) of title 49,
United States Code, is amended by striking paragraph (5).
(2) INFORMATION SYSTEMS; PERFORMANCE AND REGISTRATION INFORMATION PROGRAM.—Section 31106(b) of title 49,
United States Code, is amended by striking paragraph (4).
(3) BORDER ENFORCEMENT GRANTS.—Section 31107 of title
49, United States Code, and the item relating to that section
in the analysis for chapter 311 of that title, are repealed.
(4) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM
MANAGEMENT.—Section 31109 of title 49, United States Code,
and the item relating to that section in the analysis for chapter
311 of that title, are repealed.
(5) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—Section 4126 of SAFETEA–LU (49 U.S.C.
31106 note), and the item relating to that section in the table
of contents contained in section 1(b) of that Act, are repealed.
(6) SAFETY DATA IMPROVEMENT PROGRAM.—Section 4128
of SAFETEA–LU (49 U.S.C. 31100 note), and the item relating
to that section in the table of contents contained in section
1(b) of that Act, are repealed.
(7) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE
OPERATORS.—Section 4134 of SAFETEA–LU (49 U.S.C. 31301
note), and the item relating to that section in the table of
contents contained in section 1(b) of that Act, are repealed.
(8) MAINTENANCE OF EFFORT AS CONDITION ON GRANTS TO
STATES.—Section 103(c) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
(9) STATE COMPLIANCE WITH CDL REQUIREMENTS.—Section
103(e) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31102 note) is repealed.
(10) BORDER STAFFING STANDARDS.—Section 218(d) of the
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133
note) is amended—

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prec. 31100.

49 USC
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129 STAT. 1526

49 USC 31102
note.
49 USC 31102
note.

PUBLIC LAW 114–94—DEC. 4, 2015

(A) in paragraph (1) by striking ‘‘section 31104(f)(2)(B)
of title 49, United States Code’’ and inserting ‘‘section
31104(a)(1) of title 49, United States Code’’; and
(B) by striking paragraph (3).
(11) WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY PROGRAM.—Section 346 of the National Highway System
Designation Act of 1995 (49 U.S.C. 31166 note), and the item
relating to that section in the table of contents in section
1(b) of that Act, are repealed.
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2016.
(g) TRANSITION.—Notwithstanding the amendments made by
this section, the Secretary shall carry out sections 31102, 31103,
and 31104 of title 49, United States Code, and any sections repealed
under subsection (e), as necessary, as those sections were in effect
on the day before October 1, 2016, with respect to applications
for grants, cooperative agreements, or contracts under those sections
submitted before October 1, 2016.
SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT.

Section 31106(b) of title 49, United States Code, is amended
in the subsection heading by striking ‘‘PROGRAM’’ and inserting
‘‘SYSTEMS MANAGEMENT’’.
SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Subchapter I of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:

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49 USC 31110.

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‘‘§ 31110. Authorization of appropriations
‘‘(a) ADMINISTRATIVE EXPENSES.—There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration—
‘‘(1) $267,400,000 for fiscal year 2016;
‘‘(2) $277,200,000 for fiscal year 2017;
‘‘(3) $283,000,000 for fiscal year 2018;
‘‘(4) $284,000,000 for fiscal year 2019; and
‘‘(5) $288,000,000 for fiscal year 2020.
‘‘(b) USE OF FUNDS.—The funds authorized by this section shall
be used for—
‘‘(1) personnel costs;
‘‘(2) administrative infrastructure;
‘‘(3) rent;
‘‘(4) information technology;
‘‘(5) programs for research and technology, information
management, regulatory development, and the administration
of performance and registration information systems management under section 31106(b);
‘‘(6) programs for outreach and education under subsection
(c);
‘‘(7) other operating expenses;
‘‘(8) conducting safety reviews of new operators; and
‘‘(9) such other expenses as may from time to time become
necessary to implement statutory mandates of the Federal
Motor Carrier Safety Administration not funded from other
sources.

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1527

‘‘(c) OUTREACH AND EDUCATION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may conduct, through
any combination of grants, contracts, cooperative agreements,
and other activities, an internal and external outreach and
education program to be administered by the Administrator
of the Federal Motor Carrier Safety Administration.
‘‘(2) FEDERAL SHARE.—The Federal share of an outreach
and education project for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100
percent of the cost of the project.
‘‘(3) FUNDING.—From amounts made available under subsection (a), the Secretary shall make available not more than
$4,000,000 each fiscal year to carry out this subsection.
‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF AVAILABILITY.—
Amounts authorized from the Highway Trust Fund (other than
the Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or on
October 1 of the fiscal year for which they are authorized, whichever
occurs first.
‘‘(e) FUNDING AVAILABILITY.—Amounts made available under
this section shall remain available until expended.
‘‘(f) CONTRACTUAL OBLIGATION.—The approval of funds by the
Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government’s share
of costs.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 311 of
title 49, United States Code, is amended by adding at the end
of the items relating to subchapter I the following:

49 USC 3100.

‘‘31110. Authorization of appropriations.’’.

(c) CONFORMING AMENDMENTS.—
(1) ADMINISTRATIVE EXPENSES; AUTHORIZATION OF APPROPRIATIONS.—Section 31104 of title 49, United States Code, is
amended—
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively.
(2) USE OF AMOUNTS MADE AVAILABLE UNDER SUBSECTION
(i).—Section 4116(d) of SAFETEA–LU (49 U.S.C. 31104 note)
is amended by striking ‘‘section 31104(i)’’ and inserting ‘‘section
31110’’.
(3) INTERNATIONAL COOPERATION.—Section 31161 of title
49, United States Code, is amended by striking ‘‘section
31104(i)’’ and inserting ‘‘section 31110’’.
(4) SAFETEA–LU; OUTREACH AND EDUCATION.—Section
4127 of SAFETEA–LU (119 Stat. 1741; Public Law 109–59),
and the item relating to that section in the table of contents
contained in section 1(b) of that Act, are repealed.
SEC. 5104. COMMERCIAL DRIVER’S LICENSE PROGRAM IMPLEMENTATION.

49 USC 3100
note.

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(a) IN GENERAL.—Section 31313 of title 49, United States Code,
is amended to read as follows:
‘‘§ 31313. Commercial driver’s license program implementation financial assistance program
‘‘(a) FINANCIAL ASSISTANCE PROGRAM.—

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129 STAT. 1528

PUBLIC LAW 114–94—DEC. 4, 2015

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‘‘(1) IN GENERAL.—The Secretary of Transportation shall
administer a financial assistance program for commercial
driver’s license program implementation for the purposes
described in paragraphs (2) and (3).
‘‘(2) STATE COMMERCIAL DRIVER’S LICENSE PROGRAM
IMPLEMENTATION GRANTS.—In carrying out the program, the
Secretary may make a grant to a State agency in a fiscal
year—
‘‘(A) to assist the State in complying with the requirements of section 31311; and
‘‘(B) in the case of a State that is making a good
faith effort toward substantial compliance with the requirements of section 31311, to improve the State’s implementation of its commercial driver’s license program, including
expenses—
‘‘(i) for computer hardware and software;
‘‘(ii) for publications, testing, personnel, training,
and quality control;
‘‘(iii) for commercial driver’s license program
coordinators; and
‘‘(iv) to implement or maintain a system to notify
an employer of an operator of a commercial motor
vehicle of the suspension or revocation of the operator’s
commercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012
(49 U.S.C. 31304 note).
‘‘(3) PRIORITY ACTIVITIES.—The Secretary may make a grant
to or enter into a cooperative agreement with a State agency,
local government, or any person in a fiscal year for research,
development and testing, demonstration projects, public education, and other special activities and projects relating to
commercial drivers licensing and motor vehicle safety that—
‘‘(A) benefit all jurisdictions of the United States;
‘‘(B) address national safety concerns and circumstances;
‘‘(C) address emerging issues relating to commercial
driver’s license improvements;
‘‘(D) support innovative ideas and solutions to commercial driver’s license program issues; or
‘‘(E) address other commercial driver’s license issues,
as determined by the Secretary.
‘‘(b) PROHIBITIONS.—A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land
or buildings.
‘‘(c) REPORT.—The Secretary shall issue an annual report on
the activities carried out under this section.
‘‘(d) APPORTIONMENT.—All amounts made available to carry
out this section for a fiscal year shall be apportioned to a recipient
described in subsection (a)(3) according to criteria prescribed by
the Secretary.
‘‘(e) FUNDING.—For fiscal years beginning after September 30,
2016, this section shall be funded under section 31104.’’.

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1529

(b) CLERICAL AMENDMENT.—The analysis for chapter 313 of
title 49, United States Code, is amended by striking the item
relating to section 31313 and inserting the following:

49 USC
prec. 31301.

‘‘31313. Commercial driver’s license program implementation financial assistance
program.’’.

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SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS FOR FISCAL YEAR 2016.

(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM GRANT
EXTENSION.—Section 31104(a) of title 49, United States Code, is
amended by striking paragraphs (10) and (11) and inserting the
following:
‘‘(10) $218,000,000 for fiscal year 2015; and
‘‘(11) $218,000,000 for fiscal year 2016.’’.
(b) EXTENSION OF GRANT PROGRAMS.—Section 4101(c) of
SAFETEA–LU (119 Stat. 1715; Public Law 109–59) is amended
to read as follows:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The following sums
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT
GRANTS.—For carrying out the commercial driver’s license program improvement grants program under section 31313 of title
49, United States Code, $30,000,000 for fiscal year 2016.
‘‘(2) BORDER ENFORCEMENT GRANTS.—For border enforcement grants under section 31107 of that title $32,000,000 for
fiscal year 2016.
‘‘(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT GRANT PROGRAM.—For the performance and
registration information systems management grant program
under section 31109 of that title $5,000,000 for fiscal year
2016.
‘‘(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—For carrying out the commercial vehicle
information systems and networks deployment program under
section 4126 of this Act $25,000,000 for fiscal year 2016.
‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data
improvement grants under section 4128 of this Act $3,000,000
for fiscal year 2016.’’.
(c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2) of title 49,
United States Code, as redesignated by this subtitle, is amended
by striking ‘‘2015’’ the first place it appears and all that follows
through ‘‘for States,’’ and inserting ‘‘2016 for States,’’.
(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) of title 49,
United States Code, is amended to read as follows:
‘‘(B) SET ASIDE.—The Secretary shall set aside from
amounts made available under section 31104(a) up to
$32,000,000 for fiscal year 2016 for audits of new entrant
motor carriers conducted under this paragraph.’’.
(e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note)
is amended to read as follows:
‘‘(c) FUNDING.—From amounts made available under section
31110 of title 49, United States Code, the Secretary shall make
available, $1,000,000 for fiscal year 2016 to carry out this section.’’.
(f) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—

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129 STAT. 1530

PUBLIC LAW 114–94—DEC. 4, 2015
(1) IN GENERAL.—Section 4126 of SAFETEA–LU (49 U.S.C.
31106 note; 119 Stat. 1738; Public Law 109–59) is amended—
(A) in subsection (c)—
(i) in paragraph (2) by adding at the end the
following: ‘‘Funds deobligated by the Secretary from
previous year grants shall not be counted toward the
$2,500,000 maximum aggregate amount for core
deployment.’’; and
(ii) in paragraph (3) by adding at the end the
following: ‘‘Funds may also be used for planning activities, including the development or updating of program
or top level design plans.’’; and
(B) in subsection (d)(4) by adding at the end the following: ‘‘Funds may also be used for planning activities,
including the development or updating of program or top
level design plans.’’.
(2) INNOVATIVE TECHNOLOGY DEPLOYMENT PROGRAM.—For
fiscal year 2016, the commercial vehicle information systems
and networks deployment program under section 4126 of
SAFETEA–LU (119 Stat. 1738; Public Law 109–59) may also
be referred to as the innovative technology deployment program.

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49 USC 31102
note.

SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION.

(a) WORKING GROUP.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
a motor carrier safety assistance program formula working
group (in this section referred to as the ‘‘working group’’).
(2) MEMBERSHIP.—
(A) IN GENERAL.—Subject to subparagraph (B), the
working group shall consist of representatives of the following:
(i) The Federal Motor Carrier Safety Administration.
(ii) The lead State commercial motor vehicle safety
agencies responsible for administering the plan
required by section 31102 of title 49, United States
Code.
(iii) An organization representing State agencies
responsible for enforcing a program for inspection of
commercial motor vehicles.
(iv) Such other persons as the Secretary considers
necessary.
(B) COMPOSITION.—Representatives of State commercial motor vehicle safety agencies shall comprise at least
51 percent of the membership.
(3) NEW ALLOCATION FORMULA.—The working group shall
analyze requirements and factors for the establishment of a
new allocation formula for the motor carrier safety assistance
program under section 31102 of title 49, United States Code.
(4) RECOMMENDATION.—Not later than 1 year after the
date the working group is established under paragraph (1),
the working group shall make a recommendation to the Secretary regarding a new allocation formula for the motor carrier
safety assistance program.

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1531

(5) EXEMPTION.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the working group established
under this subsection.
(6) PUBLICATION.—The Administrator of the Federal Motor
Carrier Safety Administration shall publish on a publicly accessible Internet Web site of the Federal Motor Carrier Safety
Administration—
(A) detailed summaries of the meetings of the working
group; and
(B) the final recommendation of the working group
provided to the Secretary.
(b) NOTICE OF PROPOSED RULEMAKING.—After receiving the
recommendation of the working group under subsection (a)(4), the
Secretary shall publish in the Federal Register a notice seeking
public comment on the establishment of a new allocation formula
for the motor carrier safety assistance program.
(c) BASIS FOR FORMULA.—The Secretary shall ensure that the
new allocation formula for the motor carrier safety assistance program is based on factors that reflect, at a minimum—
(1) the relative needs of the States to comply with section
31102 of title 49, United States Code;
(2) the relative administrative capacities of and challenges
faced by States in complying with that section;
(3) the average of each State’s new entrant motor carrier
inventory for the 3-year period prior to the date of enactment
of this Act;
(4) the number of international border inspection facilities
and border crossings by commercial vehicles in each State;
and
(5) any other factors the Secretary considers appropriate.
(d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF NEW
ALLOCATION FORMULA.—
(1) INTERIM FORMULA.—Prior to the development of the
new allocation formula for the motor carrier safety assistance
program, the Secretary may calculate the interim funding
amounts for that program in fiscal year 2017 (and later fiscal
years, as necessary) under section 31104(a)(1) of title 49, United
States Code, as amended by this subtitle, by using the following
methodology:
(A) The Secretary shall calculate the funding amount
to a State using the allocation formula the Secretary used
to award motor carrier safety assistance program funding
in fiscal year 2016 under section 31102 of title 49, United
States Code.
(B) The Secretary shall average the funding awarded
or other equitable amounts to a State in fiscal years 2013,
2014, and 2015 for—
(i) border enforcement grants under section 31107
of title 49, United States Code; and
(ii) new entrant audit grants under section
31144(g)(5) of that title.
(C) The Secretary shall add the amounts calculated
in subparagraphs (A) and (B).
(2) ADJUSTMENTS.—Subject to the availability of funding
and notwithstanding fluctuations in the data elements used
by the Secretary, the initial amounts resulting from the calculation described in paragraph (1) shall be adjusted to ensure

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129 STAT. 1532

PUBLIC LAW 114–94—DEC. 4, 2015

that, for each State, the amount shall not be less than 97
percent of the average amount of funding received or other
equitable amounts in fiscal years 2013, 2014, and 2015 for—
(A) motor carrier safety assistance program funds
awarded to the State under section 31102 of title 49, United
States Code;
(B) border enforcement grants awarded to the State
under section 31107 of title 49, United States Code; and
(C) new entrant audit grants awarded to the State
under section 31144(g)(5) of title 49, United States Code.
(3) IMMEDIATE RELIEF.—On the date of enactment of this
Act, and for the 3 fiscal years following the implementation
of the new allocation formula, the Secretary shall terminate
the withholding of motor carrier safety assistance program
funds from a State if the State was subject to the withholding
of such funds for matters of noncompliance immediately prior
to the date of enactment of this Act.
(4) FUTURE WITHHOLDINGS.—Beginning on the date that
the new allocation formula for the motor carrier safety assistance program is implemented, the Secretary shall impose all
future withholdings in accordance with section 31102(k) of title
49, United States Code, as amended by this subtitle.
(e) TERMINATION OF WORKING GROUP.—The working group
established under subsection (a) shall terminate on the date of
the implementation of the new allocation formula for the motor
carrier safety assistance program.

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49 USC 31102
note.

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SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.

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(a) BEFORE NEW ALLOCATION FORMULA.—
(1) FISCAL YEAR 2017.—If a new allocation formula for the
motor carrier safety assistance program has not been established under this subtitle for fiscal year 2017, the Secretary
shall calculate for fiscal year 2017 the maintenance of effort
baseline required under section 31102(f) of title 49, United
States Code, as amended by this subtitle, by averaging the
expenditures for fiscal years 2004 and 2005 required by section
31102(b)(4) of title 49, United States Code, as that section
was in effect on the day before the date of enactment of this
Act.
(2) SUBSEQUENT FISCAL YEARS.—The Secretary may use
the methodology for calculating the maintenance of effort baseline specified in paragraph (1) for fiscal year 2018 and subsequent fiscal years if a new allocation formula for the motor
carrier safety assistance program has not been established for
that fiscal year.
(b) BEGINNING WITH NEW ALLOCATION FORMATION.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3)(B),
beginning on the date that a new allocation formula for the
motor carrier safety assistance program is established under
this subtitle, upon the request of a State, the Secretary may
waive or modify the baseline maintenance of effort required
of the State by section 31102(f) of title 49, United States Code,
as amended by this subtitle, for the purpose of establishing
a new baseline maintenance of effort if the Secretary determines that a waiver or modification—
(A) is equitable due to reasonable circumstances;

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129 STAT. 1533

(B) will ensure the continuation of commercial motor
vehicle enforcement activities in the State; and
(C) is necessary to ensure that the total amount of
State maintenance of effort and matching expenditures
required under sections 31102 and 31104 of title 49, United
States Code, as amended by this subtitle, does not exceed
a sum greater than the average of the total amount of
State maintenance of effort and matching expenditures
required under those sections for the 3 fiscal years prior
to the date of enactment of this Act.
(2) ADJUSTMENT METHODOLOGY.—If requested by a State,
the Secretary may modify the maintenance of effort baseline
referred to in paragraph (1) for the State according to the
following methodology:
(A) The Secretary shall establish the maintenance of
effort baseline for the State using the average baseline
of fiscal years 2004 and 2005, as required by section
31102(b)(4) of title 49, United States Code, as that section
was in effect on the day before the date of enactment
of this Act.
(B) The Secretary shall calculate the average required
match by a lead State commercial motor vehicle safety
agency for fiscal years 2013, 2014, and 2015 for motor
carrier safety assistance grants established at 20 percent
by section 31103 of title 49, United States Code, as that
section was in effect on the day before the date of enactment of this Act.
(C) The Secretary shall calculate the estimated match
required under section 31104(b) of title 49, United States
Code, as amended by this subtitle.
(D) The Secretary shall subtract the amount in
subparagraph (B) from the amount in subparagraph (C)
and—
(i) if the number is greater than 0, the Secretary
shall subtract the number from the amount in subparagraph (A); or
(ii) if the number is not greater than 0, the Secretary shall calculate the maintenance of effort using
the methodology in subparagraph (A).
(3) MAINTENANCE OF EFFORT AMOUNT.—
(A) IN GENERAL.—The Secretary shall use the amount
calculated under paragraph (2) as the baseline maintenance
of effort required under section 31102(f) of title 49, United
States Code, as amended by this subtitle.
(B) DEADLINE.—If a State does not request a waiver
or modification under this subsection before September
30 during the first fiscal year that the Secretary implements a new allocation formula for the motor carrier safety
assistance program under this subtitle, the Secretary shall
calculate the maintenance of effort using the methodology
described in paragraph (2)(A).
(4) MAINTENANCE OF EFFORT DESCRIBED.—The maintenance
of effort calculated under this section is the amount required
under section 31102(f) of title 49, United States Code, as
amended by this subtitle.
(c) TERMINATION OF EFFECTIVENESS.—The authority of the Secretary under this section shall terminate effective on the date

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129 STAT. 1534

PUBLIC LAW 114–94—DEC. 4, 2015

that a new maintenance of effort baseline is calculated based on
a new allocation formula for the motor carrier safety assistance
program implemented under section 31102 of title 49, United States
Code.

Subtitle B—Federal Motor Carrier Safety
Administration Reform
PART I—REGULATORY REFORM
SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.

Section 13906(e) of title 49, United States Code, is amended
by inserting ‘‘or suspend’’ after ‘‘revoke’’.

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SEC. 5202. REGULATIONS.

Section 31136 of title 49, United States Code, is amended—
(1) by redesignating subsection (f) as subsection (g) and
transferring such subsection to appear at the end of section
31315 of such title; and
(2) by adding at the end the following:
‘‘(f) REGULATORY IMPACT ANALYSIS.—
‘‘(1) IN GENERAL.—Within each regulatory impact analysis
of a proposed or final major rule issued by the Federal Motor
Carrier Safety Administration, the Secretary shall, whenever
practicable—
‘‘(A) consider the effects of the proposed or final rule
on different segments of the motor carrier industry; and
‘‘(B) formulate estimates and findings based on the
best available science.
‘‘(2) SCOPE.—To the extent feasible and appropriate, and
consistent with law, an analysis described in paragraph (1)
shall—
‘‘(A) use data that is representative of commercial
motor vehicle operators or motor carriers, or both, that
will be impacted by the proposed or final rule; and
‘‘(B) consider the effects on commercial truck and bus
carriers of various sizes and types.
‘‘(g) PUBLIC PARTICIPATION.—
‘‘(1) IN GENERAL.—If a proposed rule under this part is
likely to lead to the promulgation of a major rule, the Secretary,
before publishing such proposed rule, shall—
‘‘(A) issue an advance notice of proposed rulemaking;
or
‘‘(B) proceed with a negotiated rulemaking.
‘‘(2) REQUIREMENTS.—Each advance notice of proposed rulemaking issued under paragraph (1) shall—
‘‘(A) identify the need for a potential regulatory action;
‘‘(B) identify and request public comment on the best
available science or technical information relevant to analyzing potential regulatory alternatives;
‘‘(C) request public comment on the available data
and costs with respect to regulatory alternatives reasonably
likely to be considered as part of the rulemaking; and
‘‘(D) request public comment on available alternatives
to regulation.

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‘‘(3) WAIVER.—This subsection does not apply to a proposed
rule if the Secretary, for good cause, finds (and incorporates
the finding and a brief statement of reasons for such finding
in the proposed or final rule) that an advance notice of proposed
rulemaking is impracticable, unnecessary, or contrary to the
public interest.
‘‘(h) RULE OF CONSTRUCTION.—Nothing in subsection (f) or (g)
may be construed to limit the contents of an advance notice of
proposed rulemaking.’’.

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SEC. 5203. GUIDANCE.

49 USC 113 note.

(a) IN GENERAL.—
(1) DATE OF ISSUANCE AND POINT OF CONTACT.—Each guidance document issued by the Federal Motor Carrier Safety
Administration shall have a date of issuance or a date of
revision, as applicable, and shall include the name and contact
information of a point of contact at the Administration who
can respond to questions regarding the guidance.
(2) PUBLIC ACCESSIBILITY.—
(A) IN GENERAL.—Each guidance document issued or
revised by the Federal Motor Carrier Safety Administration
shall be published on a publicly accessible Internet Web
site of the Department on the date of issuance or revision.
(B) REDACTION.—The Administrator of the Federal
Motor Carrier Safety Administration may redact from a
guidance document published under subparagraph (A) any
information that would reveal investigative techniques that
would compromise Administration enforcement efforts.
(3) INCORPORATION INTO REGULATIONS.—Not later than 5
years after the date on which a guidance document is published
under paragraph (2) or during an applicable review under
subsection (c), whichever is earlier, the Secretary shall revise
regulations to incorporate the guidance document to the extent
practicable.
(4) REISSUANCE.—If a guidance document is not incorporated into regulations in accordance with paragraph (3), the
Administrator shall—
(A) reissue an updated version of the guidance document; and
(B) review and reissue an updated version of the guidance document every 5 years until the date on which the
guidance document is removed or incorporated into
applicable regulations.
(b) INITIAL REVIEW.—Not later than 1 year after the date of
enactment of this Act, the Administrator shall review all guidance
documents issued by the Federal Motor Carrier Safety Administration and in effect on such date of enactment to ensure that such
documents are current, are readily accessible to the public, and
meet the standards specified in subparagraphs (A), (B), and (C)
of subsection (c)(1).
(c) REGULAR REVIEW.—
(1) IN GENERAL.—Subject to paragraph (2), not less than
once every 5 years, the Administrator shall conduct a comprehensive review of the guidance documents issued by the
Federal Motor Carrier Safety Administration to determine
whether such documents are—
(A) consistent and clear;

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(B) uniformly and consistently enforced; and
(C) still necessary.
(2) NOTICE AND COMMENT.—Prior to beginning a review
under paragraph (1), the Administrator shall publish in the
Federal Register a notice and request for comment that solicits
input from stakeholders on which guidance documents should
be updated or eliminated.
(3) REPORT.—
(A) IN GENERAL.—Not later than 60 days after the
date on which a review under paragraph (1) is completed,
the Administrator shall publish on a publicly accessible
Internet Web site of the Department a report detailing
the review and a full inventory of the guidance documents
of the Administration.
(B) CONTENTS.—A report under subparagraph (A) shall
include a summary of the response of the Administration
to comments received under paragraph (2).
(d) GUIDANCE DOCUMENT DEFINED.—In this section, the term
‘‘guidance document’’ means a document issued by the Federal
Motor Carrier Safety Administration that—
(1) provides an interpretation of a regulation of the
Administration; or
(2) includes an enforcement policy of the Administration
available to the public.

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49 USC 113 note.

SEC. 5204. PETITIONS.

(a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration shall—
(1) publish on a publicly accessible Internet Web site of
the Department a summary of all petitions for regulatory action
submitted to the Administration;
(2) prioritize the petitions submitted based on the likelihood
of safety improvements resulting from the regulatory action
requested;
(3) not later than 180 days after the date a summary
of a petition is published under paragraph (1), formally respond
to such petition by indicating whether the Administrator will
accept, deny, or further review the petition;
(4) prioritize responses to petitions consistent with a petition’s potential to reduce crashes, improve enforcement, and
reduce unnecessary burdens; and
(5) not later than 60 days after the date of receipt of
a petition, publish on a publicly accessible Internet Web site
of the Department an updated inventory of the petitions
described in paragraph (1), including any applicable disposition
information for those petitions.
(b) TREATMENT OF MULTIPLE PETITIONS.—The Administrator
may treat multiple similar petitions as a single petition for the
purposes of subsection (a).
(c) PETITION DEFINED.—In this section, the term ‘‘petition’’
means a request for—
(1) a new regulation;
(2) a regulatory interpretation or clarification; or
(3) a determination by the Administrator that a regulation
should be modified or eliminated because it is—
(A) no longer—
(i) consistent and clear;

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(ii) current with the operational realities of the
motor carrier industry; or
(iii) uniformly enforced;
(B) ineffective; or
(C) overly burdensome.
SEC. 5205. INSPECTOR STANDARDS.

Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Motor Carrier Safety Administration shall revise the regulations under part 385 of title 49,
Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued
by the Commercial Vehicle Safety Alliance.

49 USC 31148
note.

SEC. 5206. APPLICATIONS.

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(a) REVIEW PROCESS.—Section 31315(b) of title 49, United
States Code, is amended—
(1) in paragraph (1)—
(A) in the first sentence by striking ‘‘paragraph (3)’’
and inserting ‘‘this subsection’’; and
(B) by striking the second sentence;
(2) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; and
(3) by inserting after paragraph (1) the following:
‘‘(2) LENGTH OF EXEMPTION AND RENEWAL.—An exemption
may be granted under paragraph (1) for no longer than 5
years and may be renewed, upon request, for subsequent 5year periods if the Secretary continues to make the finding
under paragraph (1).
‘‘(3) OPPORTUNITY FOR RESUBMISSION.—If the Secretary
denies an application under paragraph (1) and the applicant
can reasonably address the reason for the denial, the Secretary
may allow the applicant to resubmit the application.’’.
(b) ADMINISTRATIVE EXEMPTIONS.—
(1) IN GENERAL.—The Secretary shall make permanent the
following limited exemptions:
(A) Perishable construction products, as published in
the Federal Register on April 2, 2015 (80 Fed. Reg. 17819).
(B) Transport of commercial bee hives, as published
in the Federal Register on June 19, 2015 (80 Fed. Reg.
35425).
(C) Safe transport of livestock, as published in the
Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
(2) ADDITIONAL ADMINISTRATIVE EXEMPTIONS.—Any exemption from any provision of the regulations under part 395
of title 49, Code of Federal Regulations, that is in effect on
the date of enactment of this Act—
(A) except as otherwise provided in section 31315(b)
of title 49, shall be valid for a period of 5 years from
the date such exemption was granted; and
(B) may be subject to renewal under section 31315(b)(2)
of title 49, United States Code.

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note.

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PART II—COMPLIANCE, SAFETY,
ACCOUNTABILITY REFORM

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49 USC 31100
note.

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SEC. 5221. CORRELATION STUDY.

(a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘‘Administrator’’) shall commission the National Research Council of the
National Academies to conduct a study of—
(1) the Compliance, Safety, Accountability program of the
Federal Motor Carrier Safety Administration (referred to in
this part as the ‘‘CSA program’’); and
(2) the Safety Measurement System utilized by the CSA
program (referred to in this part as the ‘‘SMS’’).
(b) SCOPE OF STUDY.—In carrying out the study commissioned
pursuant to subsection (a), the National Research Council—
(1) shall analyze—
(A) the accuracy with which the Behavior Analysis
and Safety Improvement Categories (referred to in this
part as ‘‘BASIC’’)—
(i) identify high risk carriers; and
(ii) predict or are correlated with future crash risk,
crash severity, or other safety indicators for motor
carriers, including the highest risk carriers;
(B) the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the
weights assigned to particular violations and the tie
between crash risk and specific regulatory violations, with
respect to accurately identifying and predicting future crash
risk for motor carriers;
(C) the relative value of inspection information and
roadside enforcement data;
(D) any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and
problems on the efficacy of the CSA program;
(E) the accuracy of safety data, including the use of
crash data from crashes in which a motor carrier was
free from fault;
(F) whether BASIC percentiles for motor carriers of
passengers should be calculated separately from motor carriers of freight;
(G) the differences in the rates at which safety violations are reported to the Federal Motor Carrier Safety
Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal
inspectors; and
(H) how members of the public use the SMS and what
effect making the SMS information public has had on
reducing crashes and eliminating unsafe motor carriers
from the industry; and
(2) shall consider—
(A) whether the SMS provides comparable precision
and confidence, through SMS alerts and percentiles, for
the relative crash risk of individual large and small motor
carriers;
(B) whether alternatives to the SMS would identify
high risk carriers more accurately; and

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1539

(C) the recommendations and findings of the Comptroller General of the United States and the Inspector
General of the Department, and independent review team
reports, issued before the date of enactment of this Act.
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall—
(1) submit a report containing the results of the study
commissioned pursuant to subsection (a) to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Inspector General of the Department; and
(2) publish the report on a publicly accessible Internet
Web site of the Department.
(d) CORRECTIVE ACTION PLAN.—
(1) IN GENERAL.—Not later than 120 days after the
Administrator submits the report under subsection (c), if that
report identifies a deficiency or opportunity for improvement
in the CSA program or in any element of the SMS, the Administrator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a corrective action plan that—
(A) responds to the deficiencies or opportunities identified by the report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such deficiencies or opportunities; and
(C) provides an estimate of the cost, including with
respect to changes in staffing, enforcement, and data collection, necessary to address such deficiencies or opportunities.
(2) PROGRAM REFORMS.—The corrective action plan submitted under paragraph (1) shall include an implementation
plan that—
(A) includes benchmarks;
(B) includes programmatic reforms, revisions to regulations, or proposals for legislation; and
(C) shall be considered in any rulemaking by the
Department that relates to the CSA program, including
the SMS or data analysis under the SMS.
(e) INSPECTOR GENERAL REVIEW.—Not later than 120 days after
the Administrator submits a corrective action plan under subsection
(d), the Inspector General of the Department shall—
(1) review the extent to which such plan addresses—
(A) recommendations contained in the report submitted
under subsection (c); and
(B) relevant recommendations issued by the Comptroller General or the Inspector General before the date
of enactment of this Act; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the responsiveness of the corrective action plan to
the recommendations described in paragraph (1).

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49 USC 31100
note.

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PUBLIC LAW 114–94—DEC. 4, 2015

SEC. 5222. BEYOND COMPLIANCE.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Administrator shall allow recognition,
including credit or an improved SMS percentile, for a motor carrier
that—
(1) installs advanced safety equipment;
(2) uses enhanced driver fitness measures;
(3) adopts fleet safety management tools, technologies, and
programs; or
(4) satisfies other standards determined appropriate by
the Administrator.
(b) IMPLEMENTATION.—The Administrator shall carry out subsection (a) by—
(1) incorporating a methodology into the CSA program;
or
(2) establishing a safety BASIC in the SMS.
(c) PROCESS.—
(1) IN GENERAL.—The Administrator, after providing notice
and an opportunity for comment, shall develop a process for
identifying and reviewing advanced safety equipment, enhanced
driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor
carriers to receive recognition, including credit or an improved
SMS percentile, for purposes of subsection (a).
(2) CONTENTS.—A process developed under paragraph (1)
shall—
(A) provide for a petition process for reviewing
advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and
(B) seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the Motor
Carrier Safety Advisory Committee.
(d) QUALIFICATION.—The Administrator, after providing notice
and an opportunity for comment, shall develop technical or other
performance standards with respect to advanced safety equipment,
enhanced driver fitness measures, fleet safety management tools,
technologies, and programs, and other standards for purposes of
subsection (a).
(e) MONITORING.—The Administrator may authorize qualified
entities to monitor motor carriers that receive recognition, including
credit or an improved SMS percentile, under this section through
a no-cost contract structure.
(f) DISSEMINATION OF INFORMATION.—The Administrator shall
maintain on a publicly accessible Internet Web site of the Department information on—
(1) the advanced safety equipment, enhanced driver fitness
measures, fleet safety management tools, technologies, and programs, and other standards eligible for recognition, including
credit or an improved SMS percentile;
(2) any petitions for review of advanced safety equipment,
enhanced driver fitness measures, fleet safety management
tools, technologies, and programs, and other standards; and
(3) any relevant statistics relating to the use of advanced
safety equipment, enhanced driver fitness measures, fleet safety

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management tools, technologies, and programs, and other
standards.
(g) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the—
(1) number of motor carriers receiving recognition,
including credit or an improved SMS percentile, under this
section; and
(2) safety performance of such carriers.

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SEC. 5223. DATA CERTIFICATION.

(a) IN GENERAL.—On and after the date that is 1 day after
the date of enactment of this Act, no information regarding analysis
of violations, crashes in which a determination is made that the
motor carrier or the commercial motor vehicle driver is not at
fault, alerts, or the relative percentile for each BASIC developed
under the CSA program may be made available to the general
public until the Inspector General of the Department certifies that—
(1) the report required under section 5221(c) has been
submitted in accordance with that section;
(2) any deficiencies identified in the report required under
section 5221(c) have been addressed;
(3) if applicable, the corrective action plan under section
5221(d) has been implemented;
(4) the Administrator of the Federal Motor Carrier Safety
Administration has fully implemented or satisfactorily
addressed the issues raised in the report titled ‘‘Modifying
the Compliance, Safety, Accountability Program Would Improve
the Ability to Identify High Risk Carriers’’ of the Government
Accountability Office and dated February 2014 (GAO–14–114);
and
(5) the Secretary has initiated modification of the CSA
program in accordance with section 5222.
(b) LIMITATION ON THE USE OF CSA ANALYSIS.—Information
regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness
determinations until the Inspector General of the Department
makes the certification under subsection (a).
(c) CONTINUED PUBLIC AVAILABILITY OF DATA.—Notwithstanding any other provision of this section, inspection and violation
information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law
enforcement officials, out-of-service rates, and absolute measures
shall remain available to the public.
(d) EXCEPTIONS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this section—
(A) the Federal Motor Carrier Safety Administration
and State and local commercial motor vehicle enforcement
agencies may use the information referred to in subsection
(a) for purposes of investigation and enforcement
prioritization;
(B) a motor carrier and a commercial motor vehicle
driver may access information referred to in subsection

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(a) that relates directly to the motor carrier or driver,
respectively; and
(C) a data analysis of motorcoach operators may be
provided online with a notation indicating that the ratings
or alerts listed are not intended to imply any Federal
safety rating of the carrier.
(2) NOTATION.—The notation described in paragraph (1)(C)
shall include the following: ‘‘Readers should not draw conclusions about a carrier’s overall safety condition simply based
on the data displayed in this system. Unless a motor carrier
has received an UNSATISFACTORY safety rating under part
385 of title 49, Code of Federal Regulations, or has otherwise
been ordered to discontinue operations by the Federal Motor
Carrier Safety Administration, it is authorized to operate on
the Nation’s roadways.’’.
(3) RULE OF CONSTRUCTION.—Nothing in this section may
be construed to restrict the official use by State enforcement
agencies of the data collected by State enforcement personnel.

49 USC 31100
note.

SEC. 5224. DATA IMPROVEMENT.

(a) FUNCTIONAL SPECIFICATIONS.—The Administrator shall
develop functional specifications to ensure the consistent and
accurate input of data into systems and databases relating to the
CSA program.
(b) FUNCTIONALITY.—The functional specifications developed
pursuant to subsection (a)—
(1) shall provide for the hardcoding and smart logic
functionality for roadside inspection data collection systems
and databases; and
(2) shall be made available to public and private sector
developers.
(c) EFFECTIVE DATA MANAGEMENT.—The Administrator shall
ensure that internal systems and databases accept and effectively
manage data using uniform standards.
(d) CONSULTATION WITH THE STATES.—Before implementing
the functional specifications developed pursuant to subsection (a)
or the standards described in subsection (c), the Administrator
shall seek input from the State agencies responsible for enforcing
section 31102 of title 49, United States Code.

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SEC. 5225. ACCIDENT REVIEW.

(a) IN GENERAL.—Not later than 1 year after a certification
under section 5223, the Secretary shall task the Motor Carrier
Safety Advisory Committee with reviewing the treatment of
preventable crashes under the SMS.
(b) DUTIES.—Not later than 6 months after being tasked under
subsection (a), the Motor Carrier Safety Advisory Committee shall
make recommendations to the Secretary on a process to allow
motor carriers and drivers to request that the Administrator make
a determination with respect to the preventability of a crash, if
such a process has not yet been established by the Secretary.
(c) REPORT.—The Secretary shall—
(1) review and consider the recommendations provided by
the Motor Carrier Safety Advisory Committee; and
(2) report to Congress on how the Secretary intends to
address the treatment of preventable crashes.
(d) PREVENTABLE DEFINED.—In this section, the term ‘‘preventable’’ has the meaning given that term in Appendix B of part

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385 of title 49, Code of Federal Regulations, as in effect on the
date of enactment of this Act.

Subtitle C—Commercial Motor Vehicle
Safety
SEC. 5301. WINDSHIELD TECHNOLOGY.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the regulations
in section 393.60(e) of title 49, Code of Federal Regulations (relating
to the prohibition on obstructions to the driver’s field of view)
to exempt from that section the voluntary mounting on a windshield
of vehicle safety technology likely to achieve a level of safety that
is equivalent to or greater than the level of safety that would
be achieved absent the exemption.
(b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this section,
the term ‘‘vehicle safety technology’’ includes a fleet-related incident
management system, performance or behavior management system,
speed management system, lane departure warning system, forward
collision warning or mitigation system, and active cruise control
system and any other technology that the Secretary considers
applicable.
(c) RULE OF CONSTRUCTION.—For purposes of this section, any
windshield mounted technology with a short term exemption under
part 381 of title 49, Code of Federal Regulations, on the date
of enactment of this Act, shall be considered likely to achieve
a level of safety that is equivalent to or greater than the level
of safety that would be achieved absent an exemption under subsection (a).
SEC. 5302. PRIORITIZING STATUTORY RULEMAKINGS.

49 USC 31136
note.

49 USC 113 note.

The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the completion of each outstanding
rulemaking required by statute before beginning any other rulemaking, unless the Secretary determines that there is a significant
need for such other rulemaking and notifies Congress of such determination.

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SEC. 5303. SAFETY REPORTING SYSTEM.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
cost and feasibility of establishing a self-reporting system for
commercial motor vehicle drivers or motor carriers with respect
to en route equipment failures.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) an analysis of—
(A) alternatives for the reporting of equipment failures
in real time, including an Internet Web site or telephone
hotline;
(B) the ability of a commercial motor vehicle driver
or a motor carrier to provide to the Federal Motor Carrier

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Safety Administration proof of repair of a self-reported
equipment failure;
(C) the ability of the Federal Motor Carrier Safety
Administration to ensure that self-reported equipment failures proven to be repaired are not used in the calculation
of Behavior Analysis and Safety Improvement Category
scores;
(D) the ability of roadside inspectors to access selfreported equipment failures;
(E) the cost to establish and administer a self-reporting
system;
(F) the ability for a self-reporting system to track individual commercial motor vehicles through unique identifiers; and
(G) whether a self-reporting system would yield demonstrable safety benefits;
(2) an identification of any regulatory or statutory impediments to the implementation of a self-reporting system; and
(3) recommendations on implementing a self-reporting
system.

SEC. 5304. NEW ENTRANT SAFETY REVIEW PROGRAM.

(a) IN GENERAL.—The Secretary shall conduct an assessment
of the new operator safety review program under section 31144(g)
of title 49, United States Code, including the program’s effectiveness
in reducing crashes, fatalities, and injuries involving commercial
motor vehicles and improving commercial motor vehicle safety.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall publish on a publicly accessible
Internet Web site of the Department and submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the assessment conducted
under subsection (a), including any recommendations for improving
the effectiveness of the program (including recommendations for
legislative changes).
49 USC 31144
note.

SEC. 5305. HIGH RISK CARRIER REVIEWS.

(a) IN GENERAL.—The Secretary shall ensure that a review
is completed on each motor carrier that demonstrates through
performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is
among the highest risk carriers for 4 consecutive months.
(b) REPORT.—The Secretary shall post on a public Web site
a report on the actions the Secretary has taken to comply with
this section, including the number of high risk carriers identified
and the high risk carriers reviewed.
(c) CONFORMING AMENDMENT.—Section 4138 of SAFETEA–LU
(49 U.S.C. 31144 note), and the item relating to that section in
the table of contents in section 1(b) of that Act, are repealed.

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SEC. 5306. POST-ACCIDENT REPORT REVIEW.

(a) IN GENERAL.—Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a working
group—
(1) to review the data elements of post-accident reports,
for tow-away accidents involving commercial motor vehicles,
that are reported to the Federal Government; and

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(2) to report to the Secretary its findings and any recommendations, including best practices for State post-accident
reports to achieve the data elements described in subsection
(c).
(b) COMPOSITION.—Not less than 51 percent of the working
group should be composed of individuals representing the States
or State law enforcement officials. The remaining members of the
working group shall represent industry, labor, safety advocates,
and other interested parties.
(c) CONSIDERATIONS.—The working group shall consider
requiring additional data elements, including—
(1) the primary cause of the accident, if the primary cause
can be determined; and
(2) the physical characteristics of the commercial motor
vehicle and any other vehicle involved in the accident,
including—
(A) the vehicle configuration;
(B) the gross vehicle weight, if the weight can be
readily determined;
(C) the number of axles; and
(D) the distance between axles, if the distance can
be readily determined.
(d) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall—
(1) review the findings of the working group;
(2) identify the best practices for State post-accident reports
that are reported to the Federal Government, including identifying the data elements that should be collected following a
tow-away commercial motor vehicle accident; and
(3) recommend to the States the adoption of new data
elements to be collected following reportable commercial motor
vehicle accidents.
(e) TERMINATION.—The working group shall terminate not more
than 180 days after the date on which the Secretary makes recommendations under subsection (d)(3).

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SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS.

(a) IN GENERAL.—For each rulemaking described in subsection
(c), not later than 30 days after the date of enactment of this
Act and every 180 days thereafter until the rulemaking is complete,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
a written notification that includes—
(1) for a rulemaking with a statutory deadline—
(A) an explanation of why the deadline was not met;
and
(B) an expected date of completion of the rulemaking;
and
(2) for a rulemaking without a statutory deadline, an
expected date of completion of the rulemaking.
(b) ADDITIONAL CONTENTS.—A notification submitted under
subsection (a) shall include—
(1) an updated rulemaking timeline;
(2) a list of factors causing delays in the completion of
the rulemaking; and

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(3) any other details associated with the status of the
rulemaking.
(c) RULEMAKINGS.—The Secretary shall submit a written
notification under subsection (a) for each of the following
rulemakings:
(1) The rulemaking required under section 31306a(a)(1)
of title 49, United States Code.
(2) The rulemaking required under section 31137(a) of title
49, United States Code.
(3) The rulemaking required under section 31305(c) of title
49, United States Code.
(4) The rulemaking required under section 31601 of division
C of MAP–21 (49 U.S.C. 30111 note).
(5) A rulemaking concerning motor carrier safety fitness
determinations.
(6) A rulemaking concerning commercial motor vehicle
safety required by an Act of Congress enacted on or after
August 1, 2005, and incomplete for more than 2 years.

Subtitle D—Commercial Motor Vehicle
Drivers
SEC. 5401. OPPORTUNITIES FOR VETERANS.

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(a) STANDARDS FOR TRAINING AND TESTING OF VETERAN OPERATORS.—Section 31305 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) STANDARDS FOR TRAINING AND TESTING OF VETERAN OPERATORS.—
‘‘(1) IN GENERAL.—Not later than December 31, 2016, the
Secretary shall modify the regulations prescribed under subsections (a) and (c) to—
‘‘(A) exempt a covered individual from all or a portion
of a driving test if the covered individual had experience
in the armed forces or reserve components driving vehicles
similar to a commercial motor vehicle;
‘‘(B) ensure that a covered individual may apply for
an exemption under subparagraph (A) during, at least,
the 1-year period beginning on the date on which such
individual separates from service in the armed forces or
reserve components; and
‘‘(C) credit the training and knowledge a covered individual received in the armed forces or reserve components
driving vehicles similar to a commercial motor vehicle for
purposes of satisfying minimum standards for training and
knowledge.
‘‘(2) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) ARMED FORCES.—The term ‘armed forces’ has the
meaning given that term in section 101(a) of title 10.
‘‘(B) COVERED INDIVIDUAL.—The term ‘covered individual’ means an individual over the age of 21 years who
is—
‘‘(i) a former member of the armed forces; or
‘‘(ii) a former member of the reserve components.
‘‘(C) RESERVE COMPONENTS.—The term ‘reserve components’ means—

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‘‘(i) the Army National Guard of the United States;
‘‘(ii) the Army Reserve;
‘‘(iii) the Navy Reserve;
‘‘(iv) the Marine Corps Reserve;
‘‘(v) the Air National Guard of the United States;
‘‘(vi) the Air Force Reserve; and
‘‘(vii) the Coast Guard Reserve.’’.
(b) IMPLEMENTATION OF ADMINISTRATIVE RECOMMENDATIONS.—
Not later than 1 year after the date of enactment of this Act,
the Secretary, in consultation with the Secretary of Defense, shall
implement the recommendations contained in the report submitted
under section 32308 of MAP–21 (49 U.S.C. 31301 note) that are
not implemented as a result of the amendment in subsection (a).
(c) IMPLEMENTATION OF THE MILITARY COMMERCIAL DRIVER’S
LICENSE ACT.—Not later than December 31, 2015, the Secretary
shall issue final regulations to implement the exemption to the
domicile requirement under section 31311(a)(12)(C) of title 49,
United States Code.
(d) CONFORMING AMENDMENT.—Section 31311(a)(12)(C)(ii) of
title 49, United States Code, is amended to read as follows:
‘‘(ii) is an active duty member of—
‘‘(I) the armed forces (as that term is defined in
section 101(a) of title 10); or
‘‘(II) the reserve components (as that term is
defined in section 31305(d)(2) of this title); and’’.

49 USC 31301
note.

49 USC 31311
note.

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SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.

(a) IN GENERAL.—Section 31306 of title 49, United States Code,
is amended—
(1) in subsection (b)(1)—
(A) by redesignating subparagraph (B) as subparagraph (C);
(B) in subparagraph (A) by striking ‘‘The regulations
shall permit such motor carriers to conduct preemployment
testing of such employees for the use of alcohol.’’; and
(C) by inserting after subparagraph (A) the following:
‘‘(B) The regulations prescribed under subparagraph (A) shall
permit motor carriers—
‘‘(i) to conduct preemployment testing of commercial motor
vehicle operators for the use of alcohol; and
‘‘(ii) to use hair testing as an acceptable alternative to
urine testing—
‘‘(I) in conducting preemployment testing for the use
of a controlled substance; and
‘‘(II) in conducting random testing for the use of a
controlled substance if the operator was subject to hair
testing for preemployment testing.’’;
(2) in subsection (b)(2)—
(A) in subparagraph (A) by striking ‘‘and’’ at the end;
(B) in subparagraph (B) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) shall provide an exemption from hair testing for
commercial motor vehicle operators with established religious
beliefs that prohibit the cutting or removal of hair.’’; and
(3) in subsection (c)(2)—

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49 USC 31306
note.

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49 USC 31149
note.

PUBLIC LAW 114–94—DEC. 4, 2015

(A) in the matter preceding subparagraph (A) by
inserting ‘‘for urine testing, and technical guidelines for
hair testing,’’ before ‘‘including mandatory guidelines’’;
(B) in subparagraph (B) by striking ‘‘and’’ at the end;
(C) in subparagraph (C) by inserting ‘‘and’’ after the
semicolon; and
(D) by adding at the end the following:
‘‘(D) laboratory protocols and cut-off levels for hair
testing to detect the use of a controlled substance;’’.
(b) GUIDELINES.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services
shall issue scientific and technical guidelines for hair testing as
a method of detecting the use of a controlled substance for purposes
of section 31306 of title 49, United States Code.
SEC. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL
DRIVER’S LICENSES.

(a) IN GENERAL.—In the case of a physician-approved veteran
operator, the qualified physician of such operator may, subject
to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compliance
with the requirements of section 31149 of title 49, United States
Code.
(b) CERTIFICATION.—The certification described under subsection (a) shall include—
(1) assurances that the physician performing the medical
examination meets the requirements of a qualified physician
under this section; and
(2) certification that the physical condition of the operator
is adequate to enable such operator to operate a commercial
motor vehicle safely.
(c) NATIONAL REGISTRY OF MEDICAL EXAMINERS.—The Secretary, in consultation with the Secretary of Veterans Affairs, shall
develop a process for qualified physicians to perform a medical
examination and provide a medical certificate under subsection
(a) and include such physicians on the national registry of medical
examiners established under section 31149(d) of title 49, United
States Code.
(d) DEFINITIONS.—In this section, the following definitions
apply:
(1) PHYSICIAN-APPROVED VETERAN OPERATOR.—The term
‘‘physician-approved veteran operator’’ means an operator of
a commercial motor vehicle who—
(A) is a veteran who is enrolled in the health care
system established under section 1705(a) of title 38, United
States Code; and
(B) is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States
Code.
(2) QUALIFIED PHYSICIAN.—The term ‘‘qualified physician’’
means a physician who—
(A) is employed in the Department of Veterans Affairs;
(B) is familiar with the standards for, and physical
requirements of, an operator certified pursuant to section
31149 of title 49, United States Code; and

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(C) has never, with respect to such section, been found
to have acted fraudulently, including by fraudulently
awarding a medical certificate.
(3) VETERAN.—The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38, United States Code.
(e) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to change any statutory penalty associated with fraud
or abuse.

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SEC. 5404. COMMERCIAL DRIVER PILOT PROGRAM.

(a) IN GENERAL.—The Secretary shall establish a pilot program
under section 31315(c) of title 49, United States Code, to study
the feasibility, benefits, and safety impacts of allowing a covered
driver to operate a commercial motor vehicle in interstate commerce.
(b) DATA COLLECTION.—The Secretary shall collect and analyze
data relating to accidents in which—
(1) a covered driver participating in the pilot program
is involved; and
(2) a driver under the age of 21 operating a commercial
motor vehicle in intrastate commerce is involved.
(c) LIMITATIONS.—A driver participating in the pilot program
may not—
(1) transport—
(A) passengers; or
(B) hazardous cargo; or
(2) operate a vehicle in special configuration.
(d) WORKING GROUP.—
(1) ESTABLISHMENT.—The Secretary shall conduct, monitor,
and evaluate the pilot program in consultation with a working
group to be established by the Secretary consisting of representatives of the armed forces, industry, drivers, safety advocacy
organizations, and State licensing and enforcement officials.
(2) DUTIES.—The working group shall review the data collected under subsection (b) and provide recommendations to
the Secretary on the feasibility, benefits, and safety impacts
of allowing a covered driver to operate a commercial motor
vehicle in interstate commerce.
(e) REPORT.—Not later than 1 year after the date on which
the pilot program is concluded, the Secretary shall submit to Congress a report describing the findings of the pilot program and
the recommendations of the working group.
(f) DEFINITIONS.—In this section, the following definitions apply:
(1) ACCIDENT.—The term ‘‘accident’’ has the meaning given
that term in section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.
(2) ARMED FORCES.—The term ‘‘armed forces’’ has the
meaning given that term in section 101(a) of title 10, United
States Code.
(3) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial
motor vehicle’’ has the meaning given that term in section
31301 of title 49, United States Code.
(4) COVERED DRIVER.—The term ‘‘covered driver’’ means
an individual who is—
(A) between the ages of 18 and 21;
(B) a member or former member of the—
(i) armed forces; or

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(ii) reserve components (as defined in section
31305(d)(2) of title 49, United States Code, as added
by this Act); and
(C) qualified in a Military Occupational Specialty to
operate a commercial motor vehicle or similar vehicle.

Subtitle E—General Provisions
SEC. 5501. DELAYS IN GOODS MOVEMENT.

49 USC 14103
note.

(a) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Inspector General of the Department shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
a report on the average length of time that operators of commercial motor vehicles are delayed before the loading and unloading
of such vehicles and at other points in the pick-up and delivery
process.
(2) CONTENTS.—The report under paragraph (1) shall
include—
(A) an assessment of how delays impact—
(i) the economy;
(ii) the efficiency of the transportation system;
(iii) motor carrier safety, including the extent to
which delays result in violations of motor carrier safety
regulations; and
(iv) the livelihood of motor carrier drivers; and
(B) recommendations on how delays could be mitigated.
(b) COLLECTION OF DATA.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall establish by
regulation a process to collect data on delays experienced by operators of commercial motor vehicles before the loading and unloading
of such vehicles and at other points in the pick-up and delivery
process.

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SEC. 5502. EMERGENCY ROUTE WORKING GROUP.

(a) IN GENERAL.—
(1) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall establish a working
group to determine best practices for expeditious State approval
of special permits for vehicles involved in emergency response
and recovery.
(2) MEMBERS.—The working group shall include representatives from—
(A) State highway transportation departments or agencies;
(B) relevant modal agencies within the Department;
(C) emergency response or recovery experts;
(D) relevant safety groups; and
(E) entities affected by special permit restrictions
during emergency response and recovery efforts.
(b) CONSIDERATIONS.—In determining best practices under subsection (a), the working group shall consider whether—

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(1) impediments currently exist that prevent expeditious
State approval of special permits for vehicles involved in emergency response and recovery;
(2) it is possible to pre-identify and establish emergency
routes between States through which infrastructure repair
materials could be delivered following a natural disaster or
emergency;
(3) a State could pre-designate an emergency route identified under paragraph (2) as a certified emergency route if
a motor vehicle that exceeds the otherwise applicable Federal
and State truck length or width limits may safely operate
along such route during periods of declared emergency and
recovery from such periods; and
(4) an online map could be created to identify each predesignated emergency route under paragraph (3), including
information on specific limitations, obligations, and notification
requirements along that route.
(c) REPORT.—
(1) SUBMISSION.—Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary a report on its findings under this section and any
recommendations for the implementation of best practices for
expeditious State approval of special permits for vehicles
involved in emergency response and recovery.
(2) PUBLICATION.—Not later than 30 days after the date
the Secretary receives the report under paragraph (1), the
Secretary shall publish the report on a publicly accessible Internet Web site of the Department.
(d) NOTIFICATION.—Not later than 6 months after the date
the Secretary receives the report under subsection (c)(1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the actions
the Secretary and the States have taken to implement the recommendations included in the report.
(e) TERMINATION.—The working group shall terminate 1 year
after the date the Secretary receives the report under subsection
(c)(1).

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SEC. 5503. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING
GROUP.

(a) WORKING GROUP.—The Secretary shall establish a working
group for the purpose of developing recommendations on how to
best convey to consumers relevant information with respect to the
Federal laws concerning the interstate transportation of household
goods by motor carrier.
(b) MEMBERSHIP.—The Secretary shall ensure that the working
group is comprised of individuals with expertise in consumer affairs,
educators with expertise in how people learn most effectively, and
representatives of the household goods moving industry.
(c) RECOMMENDATIONS.—
(1) CONTENTS.—The recommendations developed by the
working group shall include recommendations on—
(A) condensing publication ESA 03005 of the Federal
Motor Carrier Safety Administration into a format that
is more easily used by consumers;

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(B) using state-of-the-art education techniques and
technologies, including optimizing the use of the Internet
as an educational tool; and
(C) reducing and simplifying the paperwork required
of motor carriers and shippers in interstate transportation.
(2) DEADLINE.—Not later than 1 year after the date of
enactment of this Act—
(A) the working group shall make the recommendations
described in paragraph (1); and
(B) the Secretary shall publish the recommendations
on a publicly accessible Internet Web site of the Department.
(d) REPORT.—Not later than 1 year after the date on which
the working group makes its recommendations under subsection
(c)(2), the Secretary shall issue a report to Congress on the
implementation of such recommendations.
(e) TERMINATION.—The working group shall terminate 1 year
after the date the working group makes its recommendations under
subsection (c)(2).

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SEC. 5504. TECHNOLOGY IMPROVEMENTS.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall conduct a comprehensive analysis of the information
technology and data collection and management systems of the
Federal Motor Carrier Safety Administration.
(b) REQUIREMENTS.—The study conducted under subsection (a)
shall—
(1) evaluate the efficacy of the existing information technology, data collection, processing systems, data correction
procedures, and data management systems and programs,
including their interaction with each other and their efficacy
in meeting user needs;
(2) identify any redundancies among the systems, procedures, and programs described in paragraph (1);
(3) explore the feasibility of consolidating data collection
and processing systems;
(4) evaluate the ability of the systems, procedures, and
programs described in paragraph (1) to meet the needs of—
(A) the Federal Motor Carrier Safety Administration,
at both the headquarters and State levels;
(B) the State agencies that implement the motor carrier
safety assistance program under section 31102 of title 49,
United States Code; and
(C) other users;
(5) evaluate the adaptability of the systems, procedures,
and programs described in paragraph (1), in order to make
necessary future changes to ensure user needs are met in
an easier, timely, and more cost-efficient manner;
(6) investigate and make recommendations regarding—
(A) deficiencies in existing data sets impacting program
effectiveness; and
(B) methods to improve user interfaces; and
(7) identify the appropriate role the Federal Motor Carrier
Safety Administration should take with respect to software
and information systems design, development, and maintenance

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for the purpose of improving the efficacy of the systems, procedures, and programs described in paragraph (1).
SEC. 5505. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION.

Not later than 30 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
written notification of the actions the Secretary is taking to ensure,
to the greatest extent practicable, that each application for registration under section 13902 of title 49, United States Code, is processed
not later than 30 days after the date on which the application
is received by the Secretary.
SEC. 5506. REPORT ON COMMERCIAL DRIVER’S LICENSE SKILLS TEST
DELAYS.

49 USC 31305
note.

Not later than 18 months after the date of enactment of this
Act, and each year thereafter, the Administrator of the Federal
Motor Carrier Safety Administration shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that—
(1) describes, for each State, the status of skills testing
for applicants for a commercial driver’s license, including—
(A) the average wait time from the date an applicant
requests to take a skills test to the date the applicant
has the opportunity to complete such test;
(B) the average wait time from the date an applicant,
upon failure of a skills test, requests a retest to the date
the applicant has the opportunity to complete such retest;
(C) the actual number of qualified commercial driver’s
license examiners available to test applicants; and
(D) the number of testing sites available through the
State department of motor vehicles and whether this
number has increased or decreased from the previous year;
and
(2) describes specific steps that the Administrator is taking
to address skills testing delays in States that have average
skills test or retest wait times of more than 7 days from
the date an applicant requests to test or retest to the date
the applicant has the opportunity to complete such test or
retest.

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SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS.

Section 31137(b) of title 49, United States Code, is amended—
(1) in paragraph (1)(C) by striking ‘‘apply to’’ and inserting
‘‘except as provided in paragraph (3), apply to’’; and
(2) by adding at the end the following:
‘‘(3) EXCEPTION.—A motor carrier, when transporting a
motor home or recreation vehicle trailer within the definition
of the term ‘driveaway-towaway operation’ (as defined in section
390.5 of title 49, Code of Federal Regulations), may comply
with the hours of service requirements by requiring each driver
to use—
‘‘(A) a paper record of duty status form; or
‘‘(B) an electronic logging device.’’.

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SEC. 5508. TECHNICAL CORRECTIONS.

(a) TITLE 49.—Title 49, United States Code, is amended as
follows:
(1) Section 13902(i)(2) is amended by inserting ‘‘except
as’’ before ‘‘described’’.
(2) Section 13903(d) is amended by striking ‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—’’ and all that follows
through ‘‘(1) IN GENERAL.—A freight forwarder’’ and inserting
‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—A freight
forwarder’’.
(3) Section 13905(d)(2)(D) is amended—
(A)
by
striking
‘‘the
Secretary
finds
that—’’ and all that follows through ‘‘(i) the motor carrier,’’
and inserting ‘‘the Secretary finds that the motor carrier,’’;
and
(B) by adding a period at the end.
(4) Section 14901(h) is amended by striking ‘‘HOUSEHOLD
GOODS’’ in the heading.
(5) Section 14916 is amended by striking the section designation and heading and inserting the following:

49 USC 14901
note.
49 USC 14901.

49 USC 31137.

49 USC 31149
note.
49 USC 31144.

49 USC 31307.

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49 USC 31138
note.

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‘‘§ 14916. Unlawful brokerage activities’’.
(b) MAP–21.—Effective as of July 6, 2012, and as if included
therein as enacted, MAP–21 (Public Law 112–141) is amended
as follows:
(1) Section 32108(a)(4) (126 Stat. 782) is amended by
inserting ‘‘for’’ before ‘‘each additional day’’ in the matter proposed to be struck.
(2) Section 32301(b)(3) (126 Stat. 786) is amended by
striking ‘‘by amending (a) to read as follows:’’ and inserting
‘‘by striking subsection (a) and inserting the following:’’.
(3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by
striking ‘‘section 32303(c)(1)’’ and inserting ‘‘section 32302(c)(1)’’
(4) Section 32921(b) (126 Stat. 828) is amended, in the
matter to be inserted, by striking ‘‘(A) In addition’’ and inserting
the following:
‘‘(A) IN GENERAL.—In addition’’.
(5) Section 32931(c) (126 Stat. 829) is amended—
(A) by striking ‘‘Secretary’’ and inserting ‘‘Secretary
of Transportation’’ in the matter to be struck; and
(B) by striking ‘‘Secretary’’ and inserting ‘‘Secretary
of Transportation’’ in the matter to be inserted.
(c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999.—Section 229(a)(1) of the Motor Carrier Safety Improvement Act of
1999 (49 U.S.C. 31136 note) is amended by inserting ‘‘of title 49,
United States Code,’’ after ‘‘sections 31136 and 31502’’.
SEC. 5509. MINIMUM FINANCIAL RESPONSIBILITY.

(a) TRANSPORTING PROPERTY.—If the Secretary proceeds with
a rulemaking to determine whether to increase the minimum levels
of financial responsibility required under section 31139 of title
49, United States Code, the Secretary shall consider, prior to issuing
a final rule—
(1) the rulemaking’s potential impact on—
(A) the safety of motor vehicle transportation; and
(B) the motor carrier industry;

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(2) the ability of the insurance industry to provide the
required amount of insurance;
(3) the extent to which current minimum levels of financial
responsibility adequately cover—
(A) medical care;
(B) compensation; and
(C) other identifiable costs;
(4) the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal
accidents; and
(5) the impact of increased levels on motor carrier safety
and accident reduction.
(b) TRANSPORTING PASSENGERS.—
(1) IN GENERAL.—Prior to initiating a rulemaking to change
the minimum levels of financial responsibility under section
31138 of title 49, United States Code, the Secretary shall complete a study specific to the minimum financial responsibility
requirements for motor carriers of passengers.
(2) STUDY CONTENTS.—A study under paragraph (1) shall
include, to the extent practicable—
(A) a review of accidents, injuries, and fatalities in
the over-the-road bus and school bus industries;
(B) a review of insurance held by over-the-road bus
and public and private school bus companies, including
companies of various sizes, and an analysis of whether
such insurance is adequate to cover claims;
(C) an analysis of whether and how insurance affects
the behavior and safety record of motor carriers of passengers, including with respect to crash reduction; and
(D) an analysis of the anticipated impacts of an
increase in financial responsibility on insurance premiums
for passenger carriers and service availability.
(3) CONSULTATION.—In conducting a study under paragraph (1), the Secretary shall consult with—
(A) representatives of the over-the-road bus and private
school bus transportation industries, including representatives of bus drivers; and
(B) insurers of motor carriers of passengers.
(4) REPORT.—If the Secretary undertakes a study under
paragraph (1), the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.

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SEC.

5510.
SAFETY
STUDY
MOTORCOACHES.

REGARDING

DOUBLE-DECKER

(a) STUDY.—The Secretary, in consultation with State transportation safety and law enforcement officials, shall conduct a study
regarding the safety operations, fire suppression capability, tire
loads, and pavement impacts of operating a double-decker motorcoach equipped with a device designed by the motorcoach manufacturer to attach to the rear of the motorcoach for use in transporting
passenger baggage.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report containing
the results of the study to—

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(1) the Committee on Transportation and Infrastructure
of the House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 5511. GAO REVIEW OF SCHOOL BUS SAFETY.

Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a review of the following:
(1) Existing Federal and State rules and guidance, as of
the date of the review, concerning school bus transportation
of elementary school and secondary school students engaging
in home-to-school transport or other transport determined by
the Comptroller General to be a routine part of kindergarten
through grade 12 education, including regulations and guidance
regarding driver training programs, capacity requirements, programs for special needs students, inspection standards, vehicle
age requirements, best practices, and public access to inspection
results and crash records.
(2) Any correlation between public or private school bus
fleet operators whose vehicles are involved in an accident as
defined by section 390.5 of title 49, Code of Federal Regulations,
and each of the following:
(A) A failure by those same operators of State or local
safety inspections.
(B) The average age or odometer readings of the school
buses in the fleets of such operators.
(C) Violations of Federal laws administered by the
Department of Transportation, or of State law equivalents
of such laws.
(D) Violations of State or local law relating to illegal
passing of a school bus.
(3) A regulatory framework comparison of public and private school bus operations.
(4) Expert recommendations on best practices for safe and
reliable school bus transportation, including driver training
programs, inspection standards, school bus age and odometer
reading maximums for retirement, the percentage of buses
in a local bus fleet needed as spare buses, and capacity levels
per school bus for different age groups.
SEC. 5512. ACCESS TO NATIONAL DRIVER REGISTER.

Section 30305(b) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(13) The Administrator of the Federal Motor Carrier Safety
Administration may request the chief driver licensing official
of a State to provide information under subsection (a) of this
section about an individual in connection with a safety investigation under the Administrator’s jurisdiction.’’.

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SEC. 5513. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS
ROADSIDE INSPECTION SYSTEMS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of

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Representatives a report regarding the design, development, testing,
and implementation of wireless roadside inspection systems.
(b) ELEMENTS.—The report required under subsection (a) shall
include a determination as to whether Federal wireless roadside
inspection systems—
(1) conflict with existing electronic screening systems, or
create capabilities already available;
(2) require additional statutory authority to incorporate
generated inspection data into the safety measurement system
or the safety fitness determinations program; and
(3) provide appropriate restrictions to specifically address
privacy concerns of affected motor carriers and operators.
SEC. 5514. REGULATION OF TOW TRUCK OPERATIONS.

Section 14501(c)(2)(C) of title 49, United States Code, is
amended by striking ‘‘the price of’’ and all that follows through
‘‘transportation is’’ and inserting ‘‘the regulation of tow truck operations’’.
SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING.

(a) EFFECTS OF COMMUTING.—The Administrator of the Federal
Motor Carrier Safety Administration shall conduct a study on the
safety effects of motor carrier operator commutes exceeding 150
minutes.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a
report containing the findings under the study.
SEC. 5516. ADDITIONAL STATE AUTHORITY.

Notwithstanding any other provision of law, South Dakota shall
be provided the opportunity to update and revise the routes designated as qualifying Federal-aid Primary System highways under
section 31111(e) of title 49, United States Code, as long as the
update shifts routes to divided highways or does not increase centerline miles by more than 5 percent and is expected to increase
safety performance.

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SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.

(a) IN GENERAL.—Not later than January 1, 2017, the Secretary
shall publish on a publicly accessible Internet Web site of the
Department a report on the minimum levels of financial responsibility required under section 31139 of title 49, United States Code.
(b) CONTENTS.—The report required under subsection (a) shall
include, to the extent practicable, an analysis of—
(1) the differences between State insurance requirements
and Federal requirements;
(2) the extent to which current minimum levels of financial
responsibility adequately cover—
(A) medical care;
(B) compensation; and
(C) other identifiable costs; and
(3) the frequency with which insurance claims exceed the
current minimum levels of financial responsibility.

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SEC. 5518. COVERED FARM VEHICLES.

Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 note) is
amended by striking ‘‘from’’ and all that follows through the period
at end and inserting the following: ‘‘from—
‘‘(A) a requirement described in subsection (a) or a
compatible State requirement; or
‘‘(B) any other minimum standard provided by a State
relating to the operation of that vehicle.’’.
49 USC 31136
note.

SEC. 5519. OPERATORS OF HI-RAIL VEHICLES.

(a) IN GENERAL.—In the case of a commercial motor vehicle
driver subject to the hours of service requirements in part 395
of title 49, Code of Federal Regulations, who is driving a hi-rail
vehicle, the maximum on duty time under section 395.3 of such
title for such driver shall not include time in transportation to
or from a duty assignment if such time in transportation—
(1) does not exceed 2 hours per calendar day or a total
of 30 hours per calendar month; and
(2) is fully and accurately accounted for in records to be
maintained by the motor carrier and such records are made
available upon request of the Federal Motor Carrier Safety
Administration or the Federal Railroad Administration.
(b) HI-RAIL VEHICLE DEFINED.—In this section, the term ‘‘hirail vehicle’’ means an internal rail flaw detection vehicle equipped
with flange hi-rails.

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SEC. 5520. AUTOMOBILE TRANSPORTER.

(a) AUTOMOBILE TRANSPORTER DEFINED.—Section 31111(a)(1)
of title 49, United States Code, is amended—
(1) by striking ‘‘specifically’’; and
(2) by adding at the end the following: ‘‘An automobile
transporter shall not be prohibited from the transport of cargo
or general freight on a backhaul, so long as it complies with
weight limitations for a truck tractor and semitrailer combination.’’.
(b) TRUCK TRACTOR DEFINED.—Section 31111(a)(3)(B) of title
49, United States Code, is amended—
(1) by striking ‘‘only’’; and
(2) by inserting before the period at the end the following:
‘‘or any other commodity, including cargo or general freight
on a backhaul’’.
(c) BACKHAUL DEFINED.—Section 31111(a) of title 49, United
States Code, is amended by adding at the end the following:
‘‘(5) BACKHAUL.—The term ‘backhaul’ means the return
trip of a vehicle transporting cargo or general freight, especially
when carrying goods back over all or part of the same route.’’.
(d) STINGER-STEERED AUTOMOBILE TRANSPORTERS.—Section
31111(b)(1) of title 49, United States Code, is amended—
(1) in subparagraph (E) by striking ‘‘or’’ at the end;
(2) in subparagraph (F) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(G) imposes a vehicle length limitation of less than 80
feet on a stinger-steered automobile transporter with a front
overhang of less than 4 feet and a rear overhang of less than
6 feet; or’’.

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129 STAT. 1559

SEC. 5521. READY MIX CONCRETE DELIVERY VEHICLES.

Section 31502 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(f) READY MIXED CONCRETE DELIVERY VEHICLES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, regulations issued under this section or section 31136
(including section 395.1(e)(1)(ii) of title 49, Code of Federal
Regulations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready
mixed concrete delivery vehicle if—
‘‘(A) the driver operates within a 100 air-mile radius
of the normal work reporting location;
‘‘(B) the driver returns to the work reporting location
and is released from work within 14 consecutive hours;
‘‘(C) the driver has at least 10 consecutive hours off
duty following each 14 hours on duty;
‘‘(D) the driver does not exceed 11 hours maximum
driving time following 10 consecutive hours off duty; and
‘‘(E) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and
true time records that show—
‘‘(i) the time the driver reports for duty each day;
‘‘(ii) the total number of hours the driver is on
duty each day;
‘‘(iii) the time the driver is released from duty
each day; and
‘‘(iv) the total time for the preceding driving week
the driver is used for the first time or intermittently.
‘‘(2) DEFINITION.—In this section, the term ‘driver of a
ready mixed concrete delivery vehicle’ means a driver of a
vehicle designed to deliver ready mixed concrete on a daily
basis and is equipped with a mechanism under which the
vehicle’s propulsion engine provides the power to operate a
mixer drum to agitate and mix the product en route to the
delivery site.’’.
SEC. 5522. TRANSPORTATION OF CONSTRUCTION MATERIALS AND
EQUIPMENT.

Section 229(e)(4) of the Motor Carrier Safety Improvement Act
of 1999 (49 U.S.C. 31136 note) is amended—
(1) by striking ‘‘50 air mile radius’’ and inserting ‘‘75 air
mile radius’’; and
(2) by striking ‘‘the driver.’’ and inserting ‘‘the driver, except
that a State, upon notice to the Secretary, may establish a
different air mile radius limitation for purposes of this paragraph if such limitation is between 50 and 75 air miles and
applies only to movements that take place entirely within the
State.’’.

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SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY
TRAILERS.

(a) DEFINITIONS.—Section 31111(a) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(6) TRAILER TRANSPORTER TOWING UNIT.—The term ‘trailer
transporter towing unit’ means a power unit that is not used
to carry property when operating in a towaway trailer transporter combination.

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(7) TOWAWAY TRAILER TRANSPORTER COMBINATION.—The
term ‘towaway trailer transporter combination’ means a combination of vehicles consisting of a trailer transporter towing
unit and 2 trailers or semitrailers—
‘‘(A) with a total weight that does not exceed 26,000
pounds; and
‘‘(B) in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer,
distributor, or dealer of such trailers or semitrailers.’’.
(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of such title
is amended by adding at the end the following:
‘‘(H) has the effect of imposing an overall length limitation
of less than 82 feet on a towaway trailer transporter combination.’’.
(c) CONFORMING AMENDMENTS.—
(1)
PROPERTY-CARRYING
UNIT
LIMITATION.—Section
31112(a)(1) of such title is amended by inserting before the
period at the end the following: ‘‘, but not including a trailer
or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a))’’.
(2) ACCESS TO INTERSTATE SYSTEM.—Section 31114(a)(2)
of such title is amended by inserting ‘‘any towaway trailer
transporter combination (as defined in section 31111(a)),’’ after
‘‘passengers,’’.

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49 USC 31136
note.

SEC.

5524.

EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN
WELDING TRUCKS USED IN PIPELINE INDUSTRY.

(a) COVERED MOTOR VEHICLE DEFINED.—In this section, the
term ‘‘covered motor vehicle’’ means a motor vehicle that—
(1) is traveling in the State in which the vehicle is registered or another State;
(2) is owned by a welder;
(3) is a pick-up style truck;
(4) is equipped with a welding rig that is used in the
construction or maintenance of pipelines; and
(5) has a gross vehicle weight and combination weight
rating and weight of 15,000 pounds or less.
(b) FEDERAL REQUIREMENTS.—A covered motor vehicle,
including the individual operating such vehicle and the employer
of such individual, shall be exempt from the following:
(1) Any requirement relating to registration as a motor
carrier, including the requirement to obtain and display a
Department of Transportation number, established under chapters 139 and 311 of title 49, United States Code.
(2) Any requirement relating to driver qualifications established under chapter 311 of title 49, United States Code.
(3) Any requirement relating to driving of commercial motor
vehicles established under chapter 311 of title 49, United States
Code.
(4) Any requirement relating to parts and accessories and
inspection, repair, and maintenance of commercial motor
vehicles established under chapter 311 of title 49, United States
Code.
(5) Any requirement relating to hours of service of drivers,
including maximum driving and on duty time, established
under chapter 315 of title 49, United States Code.

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129 STAT. 1561

SEC. 5525. REPORT.

(a) IN GENERAL.—Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the safety and enforcement
impacts of sections 5520, 5521, 5522, 5523, 5524, and 7208 of
this Act.
(b) CONSULTATION.—In preparing the report required under
subsection (a), the Secretary shall consult with States, State law
enforcement agencies, entities impacted by the sections described
in subsection (a), and other entities the Secretary considers appropriate.

TITLE VI—INNOVATION

Transportation
for Tomorrow Act
of 2015.
23 USC 101 note.

SEC. 6001. SHORT TITLE.

This title may be cited as the ‘‘Transportation for Tomorrow
Act of 2015’’.

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SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.

23 USC 501 note.

(a) IN GENERAL.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To
carry out section 503(b) of title 23, United States Code,
$125,000,000 for each of fiscal years 2016 through 2020.
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—
To carry out section 503(c) of title 23, United States Code—
(A) $67,000,000 for fiscal year 2016;
(B) $67,500,000 for fiscal year 2017;
(C) $67,500,000 for fiscal year 2018;
(D) $67,500,000 for fiscal year 2019; and
(E) $67,500,000 for fiscal year 2020.
(3) TRAINING AND EDUCATION.—To carry out section 504
of title 23, United States Code, $24,000,000 for each of fiscal
years 2016 through 2020.
(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To
carry out sections 512 through 518 of title 23, United States
Code, $100,000,000 for each of fiscal years 2016 through 2020.
(5) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To
carry out section 5505 of title 49, United States Code—
(A) $72,500,000 for fiscal year 2016;
(B) $75,000,000 for fiscal year 2017;
(C) $75,000,000 for fiscal year 2018;
(D) $77,500,000 for fiscal year 2019; and
(E) $77,500,000 for fiscal year 2020.
(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out
chapter 63 of title 49, United States Code, $26,000,000 for
each of fiscal years 2016 through 2020.
(b) ADMINISTRATION.—The Federal Highway Administration
shall—
(1) administer the programs described in paragraphs (1),
(2), and (3) of subsection (a); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsection (a)(4).

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(c) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds
authorized to be appropriated by subsection (a) shall—
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23, United
States Code, except that the Federal share of the cost of a
project or activity carried out using those funds shall be 80
percent, unless otherwise expressly provided by this Act
(including the amendments by this Act) or otherwise determined by the Secretary; and
(2) remain available until expended and not be transferable,
except as otherwise provided in this Act.
SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

Section 503(c)(3) of title 23, United States Code, is amended—
(1) in subparagraph (C) by striking ‘‘2013 through 2014’’
and inserting ‘‘2016 through 2020’’; and
(2) by adding at the end the following:
‘‘(D) PUBLICATION.—
‘‘(i) IN GENERAL.—Not less frequently than
annually, the Secretary shall issue and make available
to the public on an Internet website a report on the
cost and benefits from deployment of new technology
and innovations that substantially and directly
resulted from the program established under this paragraph.
‘‘(ii) INCLUSIONS.—The report under clause (i) may
include an analysis of—
‘‘(I) Federal, State, and local cost savings;
‘‘(II) project delivery time improvements;
‘‘(III) reduced fatalities; and
‘‘(IV) congestion impacts.’’.

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SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENT.

Section 503(c) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(4) ADVANCED TRANSPORTATION TECHNOLOGIES DEPLOYMENT.—
‘‘(A) IN GENERAL.—Not later than 6 months after the
date of enactment of this paragraph, the Secretary shall
establish an advanced transportation and congestion
management technologies deployment initiative to provide
grants to eligible entities to develop model deployment
sites for large scale installation and operation of advanced
transportation technologies to improve safety, efficiency,
system performance, and infrastructure return on investment.
‘‘(B) CRITERIA.—The Secretary shall develop criteria
for selection of an eligible entity to receive a grant under
this paragraph, including how the deployment of technology
will—
‘‘(i) reduce costs and improve return on investments, including through the enhanced use of existing
transportation capacity;
‘‘(ii) deliver environmental benefits that alleviate
congestion and streamline traffic flow;
‘‘(iii) measure and improve the operational
performance of the applicable transportation network;

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‘‘(iv) reduce the number and severity of traffic
crashes and increase driver, passenger, and pedestrian
safety;
‘‘(v) collect, disseminate, and use real-time traffic,
transit, parking, and other transportation-related
information to improve mobility, reduce congestion,
and provide for more efficient and accessible transportation;
‘‘(vi) monitor transportation assets to improve
infrastructure management, reduce maintenance costs,
prioritize investment decisions, and ensure a state of
good repair;
‘‘(vii) deliver economic benefits by reducing delays,
improving system performance, and providing for the
efficient and reliable movement of goods and services;
or
‘‘(viii) accelerate the deployment of vehicle-tovehicle, vehicle-to-infrastructure, autonomous vehicles,
and other technologies.
‘‘(C) APPLICATIONS.—
‘‘(i) REQUEST.—Not later than 6 months after the
date of enactment of this paragraph, and for every
fiscal year thereafter, the Secretary shall request
applications in accordance with clause (ii).
‘‘(ii) CONTENTS.—An application submitted under
this subparagraph shall include the following:
‘‘(I) PLAN.—A plan to deploy and provide for
the long-term operation and maintenance of
advanced transportation and congestion management technologies to improve safety, efficiency,
system performance, and return on investment.
‘‘(II)
OBJECTIVES.—Quantifiable
system
performance improvements, such as—
‘‘(aa) reducing traffic-related crashes,
congestion, and costs;
‘‘(bb) optimizing system efficiency; and
‘‘(cc) improving access to transportation
services.
‘‘(III) RESULTS.—Quantifiable safety, mobility,
and environmental benefit projections such as
data-driven estimates of how the project will
improve the region’s transportation system efficiency and reduce traffic congestion.
‘‘(IV) PARTNERSHIPS.—A plan for partnering
with the private sector or public agencies,
including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders,
or other transportation stakeholders.
‘‘(V) LEVERAGING.—A plan to leverage and
optimize existing local and regional advanced
transportation technology investments.
‘‘(D) GRANT SELECTION.—
‘‘(i) GRANT AWARDS.—Not later than 1 year after
the date of enactment of this paragraph, and for every
fiscal year thereafter, the Secretary shall award grants

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to not less than 5 and not more than 10 eligible entities.
‘‘(ii) GEOGRAPHIC DIVERSITY.—In awarding a grant
under this paragraph, the Secretary shall ensure, to
the extent practicable, that grant recipients represent
diverse geographic areas of the United States,
including urban and rural areas.
‘‘(iii) TECHNOLOGY DIVERSITY.—In awarding a
grant under this paragraph, the Secretary shall ensure,
to the extent practicable, that grant recipients represent diverse technology solutions.
‘‘(E) USE OF GRANT FUNDS.—A grant recipient may
use funds awarded under this paragraph to deploy
advanced transportation and congestion management technologies, including—
‘‘(i) advanced traveler information systems;
‘‘(ii) advanced transportation management technologies;
‘‘(iii) infrastructure maintenance, monitoring, and
condition assessment;
‘‘(iv) advanced public transportation systems;
‘‘(v) transportation system performance data collection, analysis, and dissemination systems;
‘‘(vi) advanced safety systems, including vehicleto-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous
vehicles, and other collision avoidance technologies,
including systems using cellular technology;
‘‘(vii) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems;
‘‘(viii) electronic pricing and payment systems; or
‘‘(ix) advanced mobility and access technologies,
such as dynamic ridesharing and information systems
to support human services for elderly and disabled
individuals.
‘‘(F) REPORT TO SECRETARY.—For each eligible entity
that receives a grant under this paragraph, not later than
1 year after the entity receives the grant, and each year
thereafter, the entity shall submit a report to the Secretary
that describes—
‘‘(i) deployment and operational costs of the project
compared to the benefits and savings the project provides; and
‘‘(ii) how the project has met the original expectations projected in the deployment plan submitted with
the application, such as—
‘‘(I) data on how the project has helped reduce
traffic crashes, congestion, costs, and other benefits
of the deployed systems;
‘‘(II) data on the effect of measuring and
improving transportation system performance
through the deployment of advanced technologies;
‘‘(III) the effectiveness of providing real-time
integrated traffic, transit, and multimodal
transportation information to the public to make
informed travel decisions; and

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129 STAT. 1565

‘‘(IV) lessons learned and recommendations for
future deployment strategies to optimize transportation efficiency and multimodal system performance.
‘‘(G) REPORT.—Not later than 3 years after the date
that the first grant is awarded under this paragraph, and
each year thereafter, the Secretary shall make available
to the public on an Internet website a report that describes
the effectiveness of grant recipients in meeting their projected deployment plans, including data provided under
subparagraph (F) on how the program has—
‘‘(i) reduced traffic-related fatalities and injuries;
‘‘(ii) reduced traffic congestion and improved travel
time reliability;
‘‘(iii) reduced transportation-related emissions;
‘‘(iv) optimized multimodal system performance;
‘‘(v) improved access to transportation alternatives;
‘‘(vi) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation information to make informed travel decisions;
‘‘(vii) provided cost savings to transportation agencies, businesses, and the traveling public; or
‘‘(viii) provided other benefits to transportation
users and the general public.
‘‘(H) ADDITIONAL GRANTS.—The Secretary may cease
to provide additional grant funds to a recipient of a grant
under this paragraph if—
‘‘(i) the Secretary determines from such recipient’s
report that the recipient is not carrying out the requirements of the grant; and
‘‘(ii) the Secretary provides written notice 60 days
prior to withholding funds to the Committees on
Transportation and Infrastructure and Science, Space,
and Technology of the House of Representatives and
the Committees on Environment and Public Works
and Commerce, Science, and Transportation of the
Senate.
‘‘(I) FUNDING.—
‘‘(i) IN GENERAL.—From funds made available to
carry out subsection (b), this subsection, and sections
512 through 518, the Secretary shall set aside for
grants awarded under subparagraph (D) $60,000,000
for each of fiscal years 2016 through 2020.
‘‘(ii) EXPENSES FOR THE SECRETARY.—Of the
amounts set aside under clause (i), the Secretary may
set aside $2,000,000 each fiscal year for program
reporting, evaluation, and administrative costs related
to this paragraph.
‘‘(J) FEDERAL SHARE.—The Federal share of the cost
of a project for which a grant is awarded under this subsection shall not exceed 50 percent of the cost of the project.
‘‘(K) GRANT LIMITATION.—The Secretary may not award
more than 20 percent of the amount described under
subparagraph (I) in a fiscal year to a single grant recipient.
‘‘(L) EXPENSES FOR GRANT RECIPIENTS.—A grant
recipient under this paragraph may use not more than

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PUBLIC LAW 114–94—DEC. 4, 2015
5 percent of the funds awarded each fiscal year to carry
out planning and reporting requirements.
‘‘(M) GRANT FLEXIBILITY.—
‘‘(i) IN GENERAL.—If, by August 1 of each fiscal
year, the Secretary determines that there are not
enough grant applications that meet the requirements
described in subparagraph (C) to carry out this section
for a fiscal year, the Secretary shall transfer to the
programs specified in clause (ii)—
‘‘(I) any of the funds reserved for the fiscal
year under subparagraph (I) that the Secretary
has not yet awarded under this paragraph; and
‘‘(II) an amount of obligation limitation equal
to the amount of funds that the Secretary transfers
under subclause (I).
‘‘(ii) PROGRAMS.—The programs referred to in
clause (i) are—
‘‘(I) the program under subsection (b);
‘‘(II) the program under this subsection; and
‘‘(III) the programs under sections 512 through
518.
‘‘(iii) DISTRIBUTION.—Any transfer of funds and
obligation limitation under clause (i) shall be divided
among the programs referred to in that clause in the
same proportions as the Secretary originally reserved
funding from the programs for the fiscal year under
subparagraph (I).
‘‘(N) DEFINITIONS.—In this paragraph, the following
definitions apply:
‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible entity’
means a State or local government, a transit agency,
metropolitan planning organization representing a
population of over 200,000, or other political subdivision of a State or local government or a multijurisdictional group or a consortia of research institutions
or academic institutions.
‘‘(ii) ADVANCED AND CONGESTION MANAGEMENT
TRANSPORTATION TECHNOLOGIES.—The term ‘advanced
transportation and congestion management technologies’ means technologies that improve the efficiency, safety, or state of good repair of surface
transportation systems, including intelligent transportation systems.
‘‘(iii) MULTIJURISDICTIONAL GROUP.—The term
‘multijurisdictional group’ means a any combination
of State governments, local governments, metropolitan
planning agencies, transit agencies, or other political
subdivisions of a State for which each member of the
group—
‘‘(I) has signed a written agreement to implement the advanced transportation technologies
deployment initiative across jurisdictional boundaries; and
‘‘(II) is an eligible entity under this paragraph.’’.

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129 STAT. 1567

SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.

Section 514(a) of title 23, United States Code, is amended—
(1) in paragraph (4) by striking ‘‘and’’ at the end;
(2) in paragraph (5) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) enhancement of the national freight system and support to national freight policy goals.’’.
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.

Section 514(b) of title 23, United States Code, is amended—
(1) in paragraph (8) by striking ‘‘and’’ at the end;
(2) in paragraph (9) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) to assist in the development of cybersecurity research
in cooperation with relevant modal administrations of the
Department of Transportation and other Federal agencies to
help prevent hacking, spoofing, and disruption of connected
and automated transportation vehicles.’’.
SEC.

6007.

INTELLIGENT
REPORT.

TRANSPORTATION

SYSTEM

PROGRAM

Section 515(h)(4) of title 23, United States Code, is amended
in the matter preceding subparagraph (A)—
(1) by striking ‘‘February 1 of each year after the date
of enactment of the Transportation Research and Innovative
Technology Act of 2012’’ and inserting ‘‘May 1 of each year’’;
and
(2) by striking ‘‘submit to Congress’’ and inserting ‘‘make
available to the public on a Department of Transportation
website’’.
SEC.

6008.

INTELLIGENT TRANSPORTATION
ARCHITECTURE AND STANDARDS.

SYSTEM

NATIONAL

Section 517(a)(3) of title 23, United States Code, is amended
by striking ‘‘memberships are comprised of, and represent,’’ and
inserting ‘‘memberships include representatives of’’.
SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.

Section 518(a) of title 23, United States Code, is amended
in the matter preceding paragraph (1) by striking ‘‘Not later than
3’’ and all that follows through ‘‘House of Representatives’’ and
inserting ‘‘Not later than July 6, 2016, the Secretary shall make
available to the public on a Department of Transportation website
a report’’.
SEC. 6010. INFRASTRUCTURE DEVELOPMENT.

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(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 519. Infrastructure development
‘‘Funds made available to carry out this chapter for operational
tests of intelligent transportation systems—
‘‘(1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and
systems; and

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) to the maximum extent practicable, shall not be used
for the construction of physical surface transportation infrastructure unless the construction is incidental and critically
necessary to the implementation of an intelligent transportation
system project.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) CLERICAL AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding at the
end the following:

‘‘519. Infrastructure development.’’.

23 USC
prec. 501.

(2) TECHNICAL AMENDMENT.—The item relating to section
512 in the analysis for chapter 5 of title 23, United States
Code, is amended to read as follows:
‘‘512. National ITS program plan.’’.

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SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.

(a) ASSISTANT SECRETARY FOR RESEARCH AND TECHNOLOGY.—
Section 102(e)(1) of title 49, United States Code, is amended—
(1) in the matter preceding subparagraph (A) by striking
‘‘5’’ and inserting ‘‘6’’; and
(2) in subparagraph (A) by inserting ‘‘an Assistant Secretary for Research and Technology,’’ after ‘‘Governmental
Affairs,’’.
(b) RESEARCH ACTIVITIES.—Section 330 of title 49, United States
Code, is amended—
(1) in the section heading by striking ‘‘contracts’’ and
inserting ‘‘activities’’;
(2) in subsection (a) by striking ‘‘The Secretary of’’ and
inserting ‘‘IN GENERAL.—The Secretary of’’;
(3) in subsection (b) by striking ‘‘In carrying’’ and inserting
‘‘RESPONSIBILITIES.—In carrying’’;
(4) in subsection (c) by striking ‘‘The Secretary’’ and
inserting ‘‘PUBLICATIONS.—The Secretary’’; and
(5) by adding at the end the following:
‘‘(d) DUTIES.—The Secretary shall provide for the following:
‘‘(1) Coordination, facilitation, and review of Department
of Transportation research and development programs and
activities.
‘‘(2) Advancement, and research and development, of
innovative technologies, including intelligent transportation
systems.
‘‘(3) Comprehensive transportation statistics research, analysis, and reporting.
‘‘(4) Education and training in transportation and transportation-related fields.
‘‘(5) Activities of the Volpe National Transportation Systems Center.
‘‘(6) Coordination in support of multimodal and multidisciplinary research activities.
‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary may—
‘‘(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies, other
public entities, private organizations, and other persons to conduct research into transportation service and infrastructure
assurance and to carry out other research activities of the
Department of Transportation;

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129 STAT. 1569

‘‘(2) carry out, on a cost-shared basis, collaborative research
and development to encourage innovative solutions to
multimodal transportation problems and stimulate the deployment of new technology with—
‘‘(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated or established under the laws of any State;
‘‘(B) Federal laboratories; and
‘‘(C) other Federal agencies; and
‘‘(3) directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12(d) of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(d))), and other agreements to fund, and accept
funds from, the Transportation Research Board of the National
Academies, State departments of transportation, cities, counties, institutions of higher education, associations, and the
agents of those entities to carry out joint transportation
research and technology efforts.
‘‘(f) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Federal
share of the cost of an activity carried out under subsection
(e)(3) shall not exceed 50 percent.
‘‘(2) EXCEPTION.—If the Secretary determines that the
activity is of substantial public interest or benefit, the Secretary
may approve a greater Federal share.
‘‘(3) NON-FEDERAL SHARE.—All costs directly incurred by
the non-Federal partners, including personnel, travel, facility,
and hardware development costs, shall be credited toward the
non-Federal share of the cost of an activity described in subsection (e)(3).
‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For each of fiscal
years 2016 through 2020, the Secretary is authorized to expend
not more than 1 1⁄2 percent of the amounts authorized to be appropriated for the coordination, evaluation, and oversight of the programs administered by the Office of the Assistant Secretary for
Research and Technology.
‘‘(h) USE OF TECHNOLOGY.—The research, development, or use
of a technology under a contract, grant, cooperative research and
development agreement, or other agreement entered into under
this section, including the terms under which the technology may
be licensed and the resulting royalties may be distributed, shall
be subject to the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.).
‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Section 6101 of
title 41 shall not apply to a contract, grant, or other agreement
entered into under this section.’’.
(c) CLERICAL AMENDMENT.—The item relating to section 330
in the analysis of chapter 3 of title 49, United States Code, is
amended to read as follows:

49 USC
prec. 301.

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‘‘330. Research activities.’’.

(d) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TITLE 5 AMENDMENTS.—

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129 STAT. 1570

PUBLIC LAW 114–94—DEC. 4, 2015

(A) POSITIONS AT LEVEL II.—Section 5313 of title 5,
United States Code, is amended by striking ‘‘The Under
Secretary of Transportation for Security.’’.
(B) POSITIONS AT LEVEL IV.—Section 5315 of title 5,
United States Code, is amended in the undesignated item
relating to Assistant Secretaries of Transportation by
striking ‘‘(4)’’ and inserting ‘‘(5)’’.
(C) POSITIONS AT LEVEL V.—Section 5316 of title 5,
United States Code, is amended by striking ‘‘Associate
Deputy Secretary, Department of Transportation.’’.
(2) BUREAU OF TRANSPORTATION STATISTICS.—Section 6302
of title 49, United States Code, is amended by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—There shall be within the Department of
Transportation the Bureau of Transportation Statistics.’’.
SEC. 6012. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.

49 USC
prec. 101.

(a) REPEAL.—Section 112 of title 49, United States Code, is
repealed.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
49, United States Code, is amended by striking the item relating
to section 112.
SEC. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.

Section 5115(a) of title 49, United States Code, is amended
in the first sentence by inserting ‘‘, including online curriculum
as appropriate,’’ after ‘‘a current curriculum of courses’’.

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SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.

Section 5118 of title 49, United States Code, is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (A) by striking ‘‘and’’ at the end;
(B) in subparagraph (B) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) coordinate, as appropriate, with other Federal
agencies.’’; and
(2) by adding at the end the following:
‘‘(c) COOPERATIVE RESEARCH.—
‘‘(1) IN GENERAL.—As part of the program established under
subsection (a), the Secretary may carry out cooperative research
on hazardous materials transport.
‘‘(2) NATIONAL ACADEMIES.—The Secretary may enter into
an agreement with the National Academies to support research
described in paragraph (1).
‘‘(3) RESEARCH.—Research conducted under this subsection
may include activities relating to—
‘‘(A) emergency planning and response, including
information and programs that can be readily assessed
and implemented in local jurisdictions;
‘‘(B) risk analysis and perception and data assessment;
‘‘(C) commodity flow data, including voluntary
collaboration between shippers and first responders for
secure data exchange of critical information;
‘‘(D) integration of safety and security;
‘‘(E) cargo packaging and handling;
‘‘(F) hazmat release consequences; and

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129 STAT. 1571

‘‘(G) materials and equipment testing.’’.
SEC. 6015. OFFICE OF INTERMODALISM.

(a) REPEAL.—Section 5503 of title 49, United States Code, is
repealed.
(b) CLERICAL AMENDMENT.—The analysis for chapter 55 of title
49, United States Code, is amended by striking the item relating
to section 5503.

49 USC
prec. 5501.

SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS.

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Section 5505 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5505. University transportation centers program
‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—
‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary shall
make grants under this section to eligible nonprofit institutions
of higher education to establish and operate university
transportation centers.
‘‘(2) ROLE OF CENTERS.—The role of each university
transportation center referred to in paragraph (1) shall be—
‘‘(A) to advance transportation expertise and technology
in the varied disciplines that comprise the field of transportation through education, research, and technology transfer
activities;
‘‘(B) to provide for a critical transportation knowledge
base outside of the Department of Transportation; and
‘‘(C) to address critical workforce needs and educate
the next generation of transportation leaders.
‘‘(b) COMPETITIVE SELECTION PROCESS.—
‘‘(1) APPLICATIONS.—To receive a grant under this section,
a consortium of nonprofit institutions of higher education shall
submit to the Secretary an application that is in such form
and contains such information as the Secretary may require.
‘‘(2) RESTRICTION.—
‘‘(A) LIMITATION.—A lead institution of a consortium
of nonprofit institutions of higher education, as applicable,
may only receive 1 grant per fiscal year for each of the
transportation centers described under paragraphs (2), (3),
and (4) of subsection (c).
‘‘(B) EXCEPTION FOR CONSORTIUM MEMBERS THAT ARE
NOT LEAD INSTITUTIONS.—Subparagraph (A) shall not apply
to a nonprofit institution of higher education that is a
member of a consortium of nonprofit institutions of higher
education but not the lead institution of such consortium.
‘‘(3) COORDINATION.—The Secretary shall solicit grant
applications for national transportation centers, regional
transportation centers, and Tier 1 university transportation
centers with identical advertisement schedules and deadlines.
‘‘(4) GENERAL SELECTION CRITERIA.—
‘‘(A) IN GENERAL.—Except as otherwise provided by
this section, the Secretary shall award grants under this
section in nonexclusive candidate topic areas established
by the Secretary that address the research priorities identified in chapter 65.
‘‘(B) CRITERIA.—The Secretary, in consultation with
the Assistant Secretary for Research and Technology and
the Administrator of the Federal Highway Administration

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PUBLIC LAW 114–94—DEC. 4, 2015
and other modal administrations as appropriate, shall
select each recipient of a grant under this section through
a competitive process based on the assessment of the Secretary relating to—
‘‘(i) the demonstrated ability of the recipient to
address each specific topic area described in the
research and strategic plans of the recipient;
‘‘(ii) the demonstrated research, technology
transfer, and education resources available to the
recipient to carry out this section;
‘‘(iii) the ability of the recipient to provide leadership in solving immediate and long-range national and
regional transportation problems;
‘‘(iv) the ability of the recipient to carry out
research, education, and technology transfer activities
that are multimodal and multidisciplinary in scope;
‘‘(v) the demonstrated commitment of the recipient
to carry out transportation workforce development programs through—
‘‘(I) degree-granting programs or programs
that provide other industry-recognized credentials;
and
‘‘(II) outreach activities to attract new entrants
into the transportation field, including women and
underrepresented populations;
‘‘(vi) the demonstrated ability of the recipient to
disseminate results and spur the implementation of
transportation research and education programs
through national or statewide continuing education
programs;
‘‘(vii) the demonstrated commitment of the
recipient to the use of peer review principles and other
research best practices in the selection, management,
and dissemination of research projects;
‘‘(viii) the strategic plan submitted by the recipient
describing the proposed research to be carried out by
the recipient and the performance metrics to be used
in assessing the performance of the recipient in
meeting the stated research, technology transfer, education, and outreach goals; and
‘‘(ix) the ability of the recipient to implement the
proposed program in a cost-efficient manner, such as
through cost sharing and overall reduced overhead,
facilities, and administrative costs.
‘‘(5) TRANSPARENCY.—
‘‘(A) IN GENERAL.—The Secretary shall provide to each
applicant, upon request, any materials, including copies
of reviews (with any information that would identify a
reviewer redacted), used in the evaluation process of the
proposal of the applicant.
‘‘(B) REPORTS.—The Secretary shall submit to the
Committees on Transportation and Infrastructure and
Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works
of the Senate a report describing the overall review process
under paragraph (4) that includes—

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‘‘(i) specific criteria of evaluation used in the
review;
‘‘(ii) descriptions of the review process; and
‘‘(iii) explanations of the selected awards.
‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the
maximum extent practicable, consult external stakeholders,
including the Transportation Research Board of the National
Research Council of the National Academies, to evaluate and
competitively review all proposals.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary shall select grant
recipients under subsection (b) and make grant amounts available to the selected recipients.
‘‘(2) NATIONAL TRANSPORTATION CENTERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall provide grants to 5 consortia that the Secretary determines best meet the criteria described in subsection (b)(4).
‘‘(B) RESTRICTIONS.—
‘‘(i) IN GENERAL.—For each fiscal year, a grant
made available under this paragraph shall be not
greater than $4,000,000 and not less than $2,000,000
per recipient.
‘‘(ii) FOCUSED RESEARCH.—A consortium receiving
a grant under this paragraph shall focus research on
1 of the transportation issue areas specified in section
6503(c).
‘‘(C) MATCHING REQUIREMENT.—
‘‘(i) IN GENERAL.—As a condition of receiving a
grant under this paragraph, a grant recipient shall
match 100 percent of the amounts made available
under the grant.
‘‘(ii) SOURCES.—The matching amounts referred to
in clause (i) may include amounts made available to
the recipient under—
‘‘(I) section 504(b) of title 23; or
‘‘(II) section 505 of title 23.
‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.—
‘‘(A) LOCATION OF REGIONAL CENTERS.—One regional
university transportation center shall be located in each
of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and
Budget in the document entitled ‘Standard Federal Regions’
and dated April 1974 (circular A–105).
‘‘(B) SELECTION CRITERIA.—In conducting a competition
under subsection (b), the Secretary shall provide grants
to 10 consortia on the basis of—
‘‘(i) the criteria described in subsection (b)(4);
‘‘(ii) the location of the lead center within the Federal region to be served; and
‘‘(iii) whether the consortium of institutions demonstrates that the consortium has a well-established,
nationally recognized program in transportation
research and education, as evidenced by—
‘‘(I) recent expenditures by the institution in
highway or public transportation research;

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PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(II) a historical track record of awarding graduate degrees in professional fields closely related
to highways and public transportation; and
‘‘(III) an experienced faculty who specialize in
professional fields closely related to highways and
public transportation.
‘‘(C) RESTRICTIONS.—For each fiscal year, a grant made
available under this paragraph shall be not greater than
$3,000,000 and not less than $1,500,000 per recipient.
‘‘(D) MATCHING REQUIREMENTS.—
‘‘(i) IN GENERAL.—As a condition of receiving a
grant under this paragraph, a grant recipient shall
match 100 percent of the amounts made available
under the grant.
‘‘(ii) SOURCES.—The matching amounts referred to
in clause (i) may include amounts made available to
the recipient under—
‘‘(I) section 504(b) of title 23; or
‘‘(II) section 505 of title 23.
‘‘(E) FOCUSED RESEARCH.—The Secretary shall make
a grant to 1 of the 10 regional university transportation
centers established under this paragraph for the purpose
of furthering the objectives described in subsection (a)(2)
in the field of comprehensive transportation safety, congestion, connected vehicles, connected infrastructure, and
autonomous vehicles.
‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CENTERS.—
‘‘(A) IN GENERAL.—The Secretary shall provide grants
of not greater than $2,000,000 and not less than $1,000,000
to not more than 20 recipients to carry out this paragraph.
‘‘(B) MATCHING REQUIREMENT.—
‘‘(i) IN GENERAL.—As a condition of receiving a
grant under this paragraph, a grant recipient shall
match 50 percent of the amounts made available under
the grant.
‘‘(ii) SOURCES.—The matching amounts referred to
in clause (i) may include amounts made available to
the recipient under—
‘‘(I) section 504(b) of title 23; or
‘‘(II) section 505 of title 23.
‘‘(C) FOCUSED RESEARCH.—In awarding grants under
this section, consideration shall be given to minority
institutions, as defined by section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), or consortia that
include such institutions that have demonstrated an ability
in transportation-related research.
‘‘(d) PROGRAM COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) coordinate the research, education, and technology
transfer activities carried out by grant recipients under
this section; and
‘‘(B) disseminate the results of that research through
the establishment and operation of a publicly accessible
online information clearinghouse.
‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not less frequently
than annually, and consistent with the plan developed under
section 6503, the Secretary shall—

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‘‘(A) review and evaluate the programs carried out
under this section by grant recipients; and
‘‘(B) submit to the Committees on Transportation and
Infrastructure and Science, Space, and Technology of the
House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and
Transportation of the Senate a report describing that
review and evaluation.
‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—For each of
fiscal years 2016 through 2020, the Secretary shall expend
not more than 1 and a half percent of the amounts made
available to the Secretary to carry out this section for any
coordination, evaluation, and oversight activities of the Secretary under this section.
‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made
available to the Secretary to carry out this section shall remain
available for obligation by the Secretary for a period of 3 years
after the last day of the fiscal year for which the amounts are
authorized.
‘‘(f) INFORMATION COLLECTION.—Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry
out reporting requirements relating to any program assessment
or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title
44.’’.

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SEC. 6017. BUREAU OF TRANSPORTATION STATISTICS.

Section 6302 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(d) INDEPENDENCE OF BUREAU.—
‘‘(1) IN GENERAL.—The Director shall not be required—
‘‘(A) to obtain the approval of any other officer or
employee of the Department with respect to the collection
or analysis of any information; or
‘‘(B) prior to publication, to obtain the approval of
any other officer or employee of the United States Government with respect to the substance of any statistical technical reports or press releases lawfully prepared by the
Director.
‘‘(2) BUDGET AUTHORITY.—The Director shall have a significant role in the disposition and allocation of the authorized
budget of the Bureau, including—
‘‘(A) all hiring, grants, cooperative agreements, and
contracts awarded by the Bureau to carry out this section;
and
‘‘(B) the disposition and allocation of amounts paid
to the Bureau for cost-reimbursable projects.
‘‘(3) EXCEPTIONS.—The Secretary shall direct external support functions, such as the coordination of activities involving
multiple modal administrations.
‘‘(4) INFORMATION TECHNOLOGY.—The Department Chief
Information Officer shall consult with the Director to ensure
decisions related to information technology guarantee the
protection of the confidentiality of information provided solely
for statistical purposes, in accordance with the Confidential
Information Protection and Statistical Efficiency Act of 2002
(44 U.S.C. 3501 note; Public Law 107–347).’’.

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SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.

(a) IN GENERAL.—Chapter 63 of title 49, United States Code,
is amended by adding at the end the following:

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49 USC 6314.

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‘‘§ 6314. Port performance freight statistics program
‘‘(a) IN GENERAL.—The Director shall establish, on behalf of
the Secretary, a port performance statistics program to provide
nationally consistent measures of performance of, at a minimum—
‘‘(1) the Nation’s top 25 ports by tonnage;
‘‘(2) the Nation’s top 25 ports by 20-foot equivalent unit;
and
‘‘(3) the Nation’s top 25 ports by dry bulk.
‘‘(b) REPORTS.—
‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not later than
January 15 of each year, the Director shall submit an annual
report to Congress that includes statistics on capacity and
throughput at the ports described in subsection (a).
‘‘(2) PORT PERFORMANCE MEASURES.—The Director shall collect port performance measures for each of the United States
ports referred to in subsection (a) that—
‘‘(A) receives Federal assistance; or
‘‘(B) is subject to Federal regulation to submit necessary information to the Bureau that includes statistics
on capacity and throughput as applicable to the specific
configuration of the port.
‘‘(c) RECOMMENDATIONS.—
‘‘(1) IN GENERAL.—The Director shall obtain recommendations for—
‘‘(A) port performance measures, including specifications and data measurements to be used in the program
established under subsection (a); and
‘‘(B) a process for the Department to collect timely
and consistent data, including identifying safeguards to
protect proprietary information described in subsection
(b)(2).
‘‘(2) WORKING GROUP.—Not later than 60 days after the
date of the enactment of the Transportation for Tomorrow
Act of 2015, the Director shall commission a working group
composed of—
‘‘(A) operating administrations of the Department;
‘‘(B) the Coast Guard;
‘‘(C) the Federal Maritime Commission;
‘‘(D) U.S. Customs and Border Protection;
‘‘(E) the Marine Transportation System National
Advisory Council;
‘‘(F) the Army Corps of Engineers;
‘‘(G) the Saint Lawrence Seaway Development Corporation;
‘‘(H) the Bureau of Labor Statistics;
‘‘(I) the Maritime Advisory Committee for Occupational
Safety and Health;
‘‘(J) the Advisory Committee on Supply Chain Competitiveness;
‘‘(K) 1 representative from the rail industry;
‘‘(L) 1 representative from the trucking industry;
‘‘(M) 1 representative from the maritime shipping
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‘‘(N) 1 representative from a labor organization for
each industry described in subparagraphs (K) through (M);
‘‘(O) 1 representative from the International Longshoremen’s Association;
‘‘(P) 1 representative from the International Longshore
and Warehouse Union;
‘‘(Q) 1 representative from a port authority;
‘‘(R) 1 representative from a terminal operator;
‘‘(S) representatives of the National Freight Advisory
Committee of the Department; and
‘‘(T) representatives of the Transportation Research
Board of the National Academies of Sciences, Engineering,
and Medicine.
‘‘(3) RECOMMENDATIONS.—Not later than 1 year after the
date of the enactment of the Transportation for Tomorrow
Act of 2015, the working group commissioned under paragraph
(2) shall submit its recommendations to the Director.
‘‘(d) ACCESS TO DATA.—The Director shall ensure that—
‘‘(1) the statistics compiled under this section—
‘‘(A) are readily accessible to the public; and
‘‘(B) are consistent with applicable security constraints
and confidentiality interests; and
‘‘(2) the data acquired, regardless of source, shall be protected in accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107–347).’’.
(b) PROHIBITION ON CERTAIN DISCLOSURES; COPIES OF
REPORTS.—Section 6307(b) of such title is amended, by inserting
‘‘or section 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it
appears.
(c) CLERICAL AMENDMENT.—The table of sections for chapter
63 of such title is amended by adding at the end the following:
‘‘6314. Port performance freight statistics program.’’.

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SEC. 6019. RESEARCH PLANNING.

(a) FINDINGS.—Congress finds that—
(1) Federal transportation research planning—
(A) should be coordinated by the Office of the Secretary;
and
(B) should be, to the extent practicable, multimodal
and not occur solely within the sub-agencies of the Department;
(2) managing a multimodal research portfolio within the
Office of the Secretary will—
(A) help identify opportunities in which research could
be applied across modes; and
(B) prevent duplication of efforts and waste of limited
Federal resources;
(3) the Assistant Secretary for Research and Technology
at the Department of Transportation will—
(A) give stakeholders a formal opportunity to address
concerns;
(B) ensure unbiased research; and
(C) improve the overall research products of the
Department; and
(4) increasing transparency of transportation research and
development efforts will—

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prec. 6301.
49 USC 6501
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(A) build stakeholder confidence in the final product;
and
(B) lead to the improved implementation of research
findings.
(b) RESEARCH PLANNING.—
(1) IN GENERAL.—Subtitle III of title 49, United States
Code, is amended by inserting after chapter 63 the following:

49 USC
prec. 6501.

‘‘CHAPTER 65—RESEARCH PLANNING
‘‘Sec.
‘‘6501. Annual modal research plans.
‘‘6502. Consolidated research database.
‘‘6503. Transportation research and development 5-year strategic plan.

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49 USC 6501.

‘‘SEC. 6501. ANNUAL MODAL RESEARCH PLANS.

‘‘(a) MODAL PLANS REQUIRED.—
‘‘(1) IN GENERAL.—Not later than May 1 of each year,
the head of each modal administration and joint program office
of the Department of Transportation shall submit to the Assistant Secretary for Research and Technology of the Department
of Transportation (referred to in this chapter as the ‘Assistant
Secretary’) a comprehensive annual modal research plan for
the upcoming fiscal year and a detailed outlook for the following
fiscal year.
‘‘(2) RELATIONSHIP TO STRATEGIC PLAN.—Each plan submitted under paragraph (1), after the plan required in 2016,
shall be consistent with the strategic plan developed under
section 6503.
‘‘(b) REVIEW.—
‘‘(1) IN GENERAL.—Not later than September 1 of each
year, the Assistant Secretary, for each plan and outlook submitted pursuant to subsection (a), shall—
‘‘(A) review the scope of the research; and
‘‘(B)(i) approve the plan and outlook; or
‘‘(ii) request that the plan and outlook be revised and
resubmitted for approval.
‘‘(2) PUBLICATIONS.—Not later than January 30 of each
year, the Secretary shall publish on a public website each
plan and outlook that has been approved under paragraph
(1)(B)(i).
‘‘(3) REJECTION OF DUPLICATIVE RESEARCH EFFORTS.—The
Assistant Secretary may not approve any plan submitted by
the head of a modal administration or joint program office
pursuant to subsection (a) if any of the projects described
in the plan duplicate significant aspects of research efforts
of any other modal administration.
‘‘(c) FUNDING LIMITATIONS.—No funds may be expended by
the Department of Transportation on research that has been determined by the Assistant Secretary under subsection (b)(3) to be
duplicative unless—
‘‘(1) the research is required by an Act of Congress;
‘‘(2) the research was part of a contract that was funded
before the date of enactment of this chapter;
‘‘(3) the research updates previously commissioned
research; or

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‘‘(4) the Assistant Secretary certifies to Congress that such
research is necessary, and provides justification for such certification.
‘‘(d) CERTIFICATION.—
‘‘(1) IN GENERAL.—The Secretary shall annually certify to
Congress that—
‘‘(A) each modal research plan has been reviewed; and
‘‘(B) there is no duplication of study for research
directed, commissioned, or conducted by the Department
of Transportation.
‘‘(2) CORRECTIVE ACTION PLAN.—If the Secretary, after
submitting a certification under paragraph (1), identifies
duplication of research within the Department of Transportation, the Secretary shall—
‘‘(A) notify Congress of the duplicative research; and
‘‘(B) submit to Congress a corrective action plan to
eliminate the duplicative research.

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‘‘SEC. 6502. CONSOLIDATED RESEARCH DATABASE.

49 USC 6502.

‘‘(a) RESEARCH ABSTRACT DATABASE.—
‘‘(1) IN GENERAL.—The Secretary shall annually publish
on a public website a comprehensive database of all research
projects conducted by the Department of Transportation,
including, to the extent practicable, research funded through
University Transportation Centers.
‘‘(2) CONTENTS.—The database published under paragraph
(1) shall, to the extent practicable—
‘‘(A) include the consolidated modal research plans
approved under section 6501(b)(1)(B)(i);
‘‘(B) describe the research objectives, progress, findings,
and allocated funds for each research project;
‘‘(C) identify research projects with multimodal applications;
‘‘(D) specify how relevant modal administrations have
assisted, will contribute to, or plan to use the findings
from the research projects identified under paragraph (1);
‘‘(E) identify areas in which more than 1 modal
administration is conducting research on a similar subject
or a subject that has a bearing on more than 1 mode;
‘‘(F) indicate how the findings of research are being
disseminated to improve the efficiency, effectiveness, and
safety of transportation systems; and
‘‘(G) describe the public and stakeholder input to the
research plans submitted under section 6501(a)(1).
‘‘(b) FUNDING REPORT.—In conjunction with each of the annual
budget requests submitted by the President under section 1105
of title 31, the Secretary shall annually publish on a public website
and submit to the appropriate committees of Congress a report
that describes—
‘‘(1) the amount spent in the last full fiscal year on
transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and
‘‘(2) the amount proposed in the current budget for
transportation research and development with specific descriptions of projects funded at $5,000,000 or more.

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‘‘(c) PERFORMANCE PLANS AND REPORTS.—In the plans and
reports submitted under sections 1115 and 1116 of title 31, the
Secretary shall include—
‘‘(1) a summary of the Federal transportation research and
development activities for the previous fiscal year in each topic
area;
‘‘(2) the amount spent in each topic area;
‘‘(3) a description of the extent to which the research and
development is meeting the expectations described in section
6503(c)(1); and
‘‘(4) any amendments to the strategic plan developed under
section 6503.

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49 USC 6503.

‘‘SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR
STRATEGIC PLAN.

‘‘(a) IN GENERAL.—The Secretary shall develop a 5-year
transportation research and development strategic plan to guide
future Federal transportation research and development activities.
‘‘(b) CONSISTENCY.—The strategic plan developed under subsection (a) shall be consistent with—
‘‘(1) section 306 of title 5;
‘‘(2) sections 1115 and 1116 of title 31; and
‘‘(3) any other research and development plan within the
Department of Transportation.
‘‘(c) CONTENTS.—The strategic plan developed under subsection
(a) shall—
‘‘(1) describe how the plan furthers the primary purposes
of the transportation research and development program, which
shall include—
‘‘(A) improving mobility of people and goods;
‘‘(B) reducing congestion;
‘‘(C) promoting safety;
‘‘(D) improving the durability and extending the life
of transportation infrastructure;
‘‘(E) preserving the environment; and
‘‘(F) preserving the existing transportation system;
‘‘(2) for each of the purposes referred to in paragraph
(1), list the primary proposed research and development activities that the Department of Transportation intends to pursue
to accomplish that purpose, which may include—
‘‘(A) fundamental research pertaining to the applied
physical and natural sciences;
‘‘(B) applied science and research;
‘‘(C) technology development research; and
‘‘(D) social science research; and
‘‘(3) for each research and development activity—
‘‘(A) identify the anticipated annual funding levels for
the period covered by the strategic plan; and
‘‘(B) describe the research findings the Department
expects to discover at the end of the period covered by
the strategic plan.
‘‘(d) CONSIDERATIONS.—The Secretary shall ensure that the
strategic plan developed under this section—
‘‘(1) reflects input from a wide range of external stakeholders;
‘‘(2) includes and integrates the research and development
programs of all of the modal administrations of the Department

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of Transportation, including aviation, transit, rail, and maritime and joint programs;
‘‘(3) takes into account research and development by other
Federal, State, local, private sector, and nonprofit institutions;
‘‘(4) not later than December 31, 2016, is published on
a public website; and
‘‘(5) takes into account how research and development by
other Federal, State, private sector, and nonprofit institutions—
‘‘(A) contributes to the achievement of the purposes
identified under subsection (c)(1); and
‘‘(B) avoids unnecessary duplication of those efforts.
‘‘(e) INTERIM REPORT.—Not later than 2 1⁄2 years after the
date of enactment of this chapter, the Secretary may publish on
a public website an interim report that—
‘‘(1) provides an assessment of the 5-year research and
development strategic plan of the Department of Transportation
described in this section; and
‘‘(2) includes a description of the extent to which the
research and development is or is not successfully meeting
the purposes described under subsection (c)(1).’’.
(c) TECHNICAL AND CONFORMING AMENDMENT.—The table of
chapters for subtitle III of title 49, United States Code, is amended
by adding at the end the following:

49 USC 5101.

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‘‘63. Bureau of Transportation Statistics ............................................................. 6301
‘‘65. Research planning ......................................................................................... 6501’’.

(d) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) CHAPTER 5 OF TITLE 23.—Chapter 5 of title 23, United
States Code, is amended—
(A) by striking section 508;
(B) in the table of contents, by striking the item
relating to section 508;
(C) in section 502—
(i) in subsection (a)(9), by striking ‘‘transportation
research and technology development strategic plan
developed under section 508’’ and inserting ‘‘transportation research and development strategic plan under
section 6503 of title 49’’; and
(ii) in subsection (b)(4), by striking ‘‘transportation
research and development strategic plan of the Secretary developed under section 508’’ and inserting
‘‘transportation research and development strategic
plan under section 6503 of title 49’’; and
(D) in section 512(b), by striking ‘‘as part of the
transportation research and development strategic plan
developed under section 508’’.
(2) INTELLIGENT TRANSPORTATION SYSTEMS.—The Intelligent Transportation Systems Act of 1998 (23 U.S.C. 502 note;
Public Law 105–178) is amended—
(A) in section 5205(b), by striking ‘‘as part of the Surface Transportation Research and Development Strategic
Plan developed under section 508 of title 23’’ and inserting
‘‘as part of the transportation research and development
strategic plan under section 6503 of title 49’’; and
(B) in section 5206(e)(2)(A), by striking ‘‘or the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23’’ and inserting ‘‘or

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PUBLIC LAW 114–94—DEC. 4, 2015
the transportation research and development strategic plan
under section 6503 of title 49’’.
(3) INTELLIGENT TRANSPORTATION SYSTEM RESEARCH.—Section 5305(h)(3)(A) of SAFETEA–LU (23 U.S.C. 512 note; Public
Law 109–59) is amended by striking ‘‘the strategic plan under
section 508 of title 23, United States Code’’ and inserting ‘‘the
5-year strategic plan under 6503 of title 49, United States
Code’’.

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23 USC 503 note.

SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.

(a) IN GENERAL.—The Secretary shall establish a program to
provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain
the long-term solvency of the Highway Trust Fund.
(b) APPLICATION.—To be eligible for a grant under this section,
a State or group of States shall submit to the Secretary an application in such form and containing such information as the Secretary
may require.
(c) OBJECTIVES.—The Secretary shall ensure that the activities
carried out using funds provided under this section meet the following objectives:
(1) To test the design, acceptance, and implementation
of 2 or more future user-based alternative revenue mechanisms.
(2) To improve the functionality of such user-based alternative revenue mechanisms.
(3) To conduct outreach to increase public awareness
regarding the need for alternative funding sources for surface
transportation programs and to provide information on possible
approaches.
(4) To provide recommendations regarding adoption and
implementation of user-based alternative revenue mechanisms.
(5) To minimize the administrative cost of any potential
user-based alternative revenue mechanisms.
(d) USE OF FUNDS.—A State or group of States receiving funds
under this section to test the design, acceptance, and implementation of a user-based alternative revenue mechanism—
(1) shall address—
(A) the implementation, interoperability, public acceptance, and other potential hurdles to the adoption of the
user-based alternative revenue mechanism;
(B) the protection of personal privacy;
(C) the use of independent and private third-party
vendors to collect fees and operate the user-based alternative revenue mechanism;
(D) market-based congestion mitigation, if appropriate;
(E) equity concerns, including the impacts of the userbased alternative revenue mechanism on differing income
groups, various geographic areas, and the relative burdens
on rural and urban drivers;
(F) ease of compliance for different users of the
transportation system; and
(G) the reliability and security of technology used to
implement the user-based alternative revenue mechanism;
and
(2) may address—

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(A) the flexibility and choices of user-based alternative
revenue mechanisms, including the ability of users to select
from various technology and payment options;
(B) the cost of administering the user-based alternative
revenue mechanism; and
(C) the ability of the administering entity to audit
and enforce user compliance.
(e) CONSIDERATION.—The Secretary shall consider geographic
diversity in awarding grants under this section.
(f) LIMITATIONS ON REVENUE COLLECTED.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.
(g) FEDERAL SHARE.—The Federal share of the cost of an
activity carried out under this section may not exceed 50 percent
of the total cost of the activity.
(h) REPORT TO SECRETARY.—Not later than 1 year after the
date on which the first eligible entity receives a grant under this
section, and each year thereafter, each recipient of a grant under
this section shall submit to the Secretary a report that describes—
(1) how the demonstration activities carried out with grant
funds meet the objectives described in subsection (c); and
(2) lessons learned for future deployment of alternative
revenue mechanisms that utilize a user fee structure.
(i) BIENNIAL REPORTS.—Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter until the
completion of the demonstration activities under this section, the
Secretary shall make available to the public on an Internet website
a report describing the progress of the demonstration activities.
(j) FUNDING.—Of the funds authorized to carry out section
503(b) of title 23, United States Code—
(1) $15,000,000 shall be used to carry out this section
for fiscal year 2016; and
(2) $20,000,000 shall be used to carry out this section
for each of fiscal years 2017 through 2020.
(k) GRANT FLEXIBILITY.—If, by August 1 of each fiscal year,
the Secretary determines that there are not enough grant applications that meet the requirements of this section for a fiscal year,
Secretary shall transfer to the program under section 503(b) of
title 23, United States Code—
(1) any of the funds reserved for the fiscal year under
subsection (j) that the Secretary has not yet awarded under
this section; and
(2) an amount of obligation limitation equal to the amount
of funds that the Secretary transfers under paragraph (1).

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SEC. 6021. FUTURE INTERSTATE STUDY.

(a) FUTURE INTERSTATE SYSTEM STUDY.—Not later than 180
days after the date of enactment of this Act, the Secretary shall
enter into an agreement with the Transportation Research Board
of the National Academies to conduct a study on the actions needed
to upgrade and restore the Dwight D. Eisenhower National System
of Interstate and Defense Highways to its role as a premier system
that meets the growing and shifting demands of the 21st century.
(b) METHODOLOGIES.—In conducting the study, the Transportation Research Board shall build on the methodologies examined

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PUBLIC LAW 114–94—DEC. 4, 2015

and recommended in the report prepared for the American Association of State Highway and Transportation Officials titled ‘‘National
Cooperative Highway Research Program Project 20–24(79): Specifications for a National Study of the Future 3R, 4R, and Capacity
Needs of the Interstate System’’, dated December 2013.
(c) CONTENTS OF STUDY.—The study—
(1) shall include specific recommendations regarding the
features, standards, capacity needs, application of technologies,
and intergovernmental roles to upgrade the Interstate System,
including any revisions to law (including regulations) that the
Transportation Research Board determines appropriate; and
(2) is encouraged to build on the institutional knowledge
in the highway industry in applying the techniques involved
in implementing the study.
(d) CONSIDERATIONS.—In carrying out the study, the Transportation Research Board shall determine the need for reconstruction
and improvement of the Interstate System by considering—
(1) future demands on transportation infrastructure determined for national planning purposes, including commercial
and private traffic flows to serve future economic activity and
growth;
(2) the expected condition of the current Interstate System
over the period of 50 years beginning on the date of enactment
of this Act, including long-term deterioration and reconstruction
needs;
(3) features that would take advantage of technological
capabilities to address modern standards of construction,
maintenance, and operations, for purposes of safety, and system
management, taking into further consideration system performance and cost;
(4) those National Highway System routes that should
be added to the existing Interstate System to more efficiently
serve national traffic flows; and
(5) the resources necessary to maintain and improve the
Interstate System, including the resources required to upgrade
the National Highway System routes identified in paragraph
(4) to Interstate standards.
(e) CONSULTATION.—In carrying out the study, the Transportation Research Board—
(1) shall convene and consult with a panel of national
experts, including operators and users of the Interstate System
and private sector stakeholders; and
(2) is encouraged to consult with—
(A) the Federal Highway Administration;
(B) States;
(C) planning agencies at the metropolitan, State, and
regional levels;
(D) the motor carrier industry;
(E) freight shippers;
(F) highway safety groups; and
(G) other appropriate entities.
(f) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Transportation Research Board shall submit to
the Secretary, the Committee on Environment and Public Works
of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of
the study conducted under this section.

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(g) FUNDING.—From amounts authorized to carry out the Highway Research and Development Program, the Secretary shall use
to carry out this section not more than $5,000,000 for fiscal year
2016.
SEC. 6022. HIGHWAY EFFICIENCY.

(a) STUDY.—
(1) IN GENERAL.—The Secretary may examine the impact
of pavement durability and sustainability on vehicle fuel
consumption, vehicle wear and tear, road conditions, and road
repairs.
(2) METHODOLOGY.—In carrying out the study, the Secretary shall—
(A) conduct a thorough review of relevant peerreviewed research published during at least the past 5
years;
(B) analyze impacts of different types of pavement
on all motor vehicle types, including commercial vehicles;
(C) specifically examine the impact of pavement
deformation and deflection; and
(D) analyze impacts of different types of pavement
on road conditions and road repairs.
(3) CONSULTATION.—In carrying out the study, the Secretary shall consult with—
(A) modal administrations of the Department and other
Federal agencies, including the National Institute of Standards and Technology;
(B) State departments of transportation;
(C) industry stakeholders; and
(D) appropriate academic experts.
(b) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall publish on a
public website a report describing the results of the study.
(2) CONTENTS.—The report shall include—
(A) a summary of the different types of pavements
analyzed in the study and the impacts of pavement durability and sustainability on safety, vehicle fuel consumption, vehicle wear and tear, road conditions, and road
repairs; and
(B) recommendations for State and local governments
on best practice methods for improving pavement durability
and sustainability to maximize vehicle fuel economy,
improve safety, ride quality, and road conditions, and to
minimize the need for road and vehicle repairs.
SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.

To improve the scientific pursuit and research procedures concerning transportation, the Secretary may convene an interagency
working group—
(1) to identify opportunities for coordination between the
Department and universities and the private sector; and
(2) to identify and develop a plan to address related
workforce development needs.
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SEC. 6024. COLLABORATION AND SUPPORT.

49 USC 301 note.

The Secretary may solicit the support of, and identify opportunities to collaborate with, other Federal research agencies and

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national laboratories to assist in the effective and efficient pursuit
and resolution of research challenges identified by the Secretary.
SEC. 6025. GAO REPORT.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to Congress a report that—
(1) assesses the status of autonomous transportation technology policy developed by public entities in the United States;
(2) assesses the organizational readiness of the Department
to address autonomous vehicle technology challenges, including
consumer privacy protections; and
(3) recommends implementation paths for autonomous
transportation technology, applications, and policies that are
based on the assessment described in paragraph (2).
SEC. 6026. TRAFFIC CONGESTION.

(a) CONGESTION RESEARCH.—The Secretary may conduct
research on the reduction of traffic congestion.
(b) CONSIDERATION.—The Secretary may—
(1) recommend research to accelerate the adoption of
transportation management systems that allow traffic to flow
in the safest and most efficient manner possible while alleviating current and future traffic congestion challenges;
(2) assess and analyze traffic, transit, and freight data
from various sources relevant to efforts to reduce traffic congestion so as to maximize mobility, efficiency, and capacity while
decreasing congestion and travel times;
(3) examine the use and integration of multiple data types
from multiple sources and technologies, including road weather
data, arterial and highway traffic conditions, transit vehicle
arrival and departure times, real time navigation routing,
construction zone information, and reports of incidents, to suggest improvements in effective communication of such data
and information in real time;
(4) develop and disseminate suggested strategies and solutions to reduce congestion for high-density traffic regions and
to provide mobility in the event of an emergency or natural
disaster; and
(5) collaborate with other relevant Federal agencies, State
and local agencies, industry and industry associations, and
university research centers to fulfill goals and objectives under
this section.
(c) IDENTIFYING INFORMATION.—The Secretary shall ensure that
information used pursuant to this section does not contain identifying information of any individual.
(d) REPORT.—Not later than 1 year after the completion of
research under this section, the Secretary may make available
on a public website a report on any activities under this section.

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SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY.

(a) IN GENERAL.—The Secretary may conduct a study of digital
technologies and information technologies, including shared
mobility, data, transportation network companies, and on-demand
transportation services—
(1) to understand the degree to which cities are adopting
those technologies;

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(2) to assess future planning, infrastructure, and investment needs; and
(3) to provide best practices to plan for smart cities in
which information and technology are used—
(A) to improve city operations;
(B) to grow the local economy;
(C) to improve response in times of emergencies and
natural disasters; and
(D) to improve the lives of city residents.
(b) COMPONENTS.—The study conducted under subsection (a)
shall—
(1) identify broad issues that influence the ability of the
United States to plan for and invest in smart cities, including
barriers to collaboration and access to scientific information;
and
(2) review how the expanded use of digital technologies,
mobile devices, and information may—
(A) enhance the efficiency and effectiveness of existing
transportation networks;
(B) optimize demand management services;
(C) impact low-income and other disadvantaged
communities;
(D) assess opportunities to share, collect, and use data;
(E) change current planning and investment strategies;
and
(F) provide opportunities for enhanced coordination and
planning.
(c) REPORTING.—Not later than 18 months after the date of
enactment of this Act, the Secretary may publish the report containing the results of the study conducted under subsection (a)
to a public website.

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SEC. 6028. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

23 USC 150 note.

(a) PERFORMANCE MANAGEMENT DATA SUPPORT.—The Administrator of the Federal Highway Administration shall develop, use,
and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway
Administration in carrying out performance management analyses
(including the performance management requirements under section 150 of title 23, United States Code).
(b) INCLUSIONS.—The data analysis activities authorized under
subsection (a) may include—
(1) collecting and distributing vehicle probe data describing
traffic on Federal-aid highways;
(2) collecting household travel behavior data to assess local
and cross-jurisdictional travel, including to accommodate
external and through travel;
(3) enhancing existing data collection and analysis tools
to accommodate performance measures, targets, and related
data, so as to better understand trip origin and destination,
trip time, and mode;
(4) enhancing existing data analysis tools to improve
performance predictions and travel models in reports described
in section 150(e) of title 23, United States Code; and
(5) developing tools—
(A) to improve performance analysis; and

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(B) to evaluate the effects of project investments on
performance.
(c) FUNDING.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator of
the Federal Highway Administration may use up to $10,000,000
for each of fiscal years 2016 through 2020 to carry out this section.
Hazardous
Materials
Transportation
Safety
Improvement Act
of 2015.
49 USC 5101
note.

TITLE VII—HAZARDOUS MATERIALS
TRANSPORTATION
SEC. 7001. SHORT TITLE.

This title may be cited as the ‘‘Hazardous Materials Transportation Safety Improvement Act of 2015’’.

Subtitle A—Authorizations
SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.

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Section 5128 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5128. Authorization of appropriations
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)—
‘‘(1) $53,000,000 for fiscal year 2016;
‘‘(2) $55,000,000 for fiscal year 2017;
‘‘(3) $57,000,000 for fiscal year 2018;
‘‘(4) $58,000,000 for fiscal year 2019; and
‘‘(5) $60,000,000 for fiscal year 2020.
‘‘(b) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
FUND.—From the Hazardous Materials Emergency Preparedness
Fund established under section 5116(h), the Secretary may expend,
for each of fiscal years 2016 through 2020—
‘‘(1) $21,988,000 to carry out section 5116(a);
‘‘(2) $150,000 to carry out section 5116(e);
‘‘(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
‘‘(4) $1,000,000 to carry out section 5116(i).
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $4,000,000 for
each of fiscal years 2016 through 2020 to carry out section 5107(e).
‘‘(d) COMMUNITY SAFETY GRANTS.—Of the amounts made available under subsection (a) to carry out this chapter, the Secretary
shall withhold $1,000,000 for each of fiscal years 2016 through
2020 to carry out section 5107(i).
‘‘(e) CREDITS TO APPROPRIATIONS.—
‘‘(1) EXPENSES.—In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, Indian tribe, authority, or
entity.
‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available
under this section shall remain available until expended.’’.

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129 STAT. 1589

Subtitle B—Hazardous Material Safety and
Improvement
SEC. 7201. NATIONAL EMERGENCY AND DISASTER RESPONSE.

Section 5103 of title 49, United States Code, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) FEDERALLY DECLARED DISASTERS AND EMERGENCIES.—
‘‘(1) IN GENERAL.—The Secretary may by order waive
compliance with any part of an applicable standard prescribed
under this chapter without prior notice and comment and on
terms the Secretary considers appropriate if the Secretary
determines that—
‘‘(A) it is in the public interest to grant the waiver;
‘‘(B) the waiver is not inconsistent with the safety
of transporting hazardous materials; and
‘‘(C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an
area of a major disaster or emergency that has been
declared under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection
may be issued for a period of not more than 60 days and
may be renewed upon application to the Secretary only after
notice and an opportunity for a hearing on the waiver. The
Secretary shall immediately revoke the waiver if continuation
of the waiver would not be consistent with the goals and objectives of this chapter.
‘‘(3) STATEMENT OF REASONS.—The Secretary shall include
in any order issued under this section the reasons for granting
the waiver.’’.
SEC. 7202. MOTOR CARRIER SAFETY PERMITS.

Section 5109(h) of title 49, United States Code, is amended
to read as follows:
‘‘(h) LIMITATION ON DENIAL.—The Secretary may not deny a
non-temporary permit held by a motor carrier pursuant to this
section based on a comprehensive review of that carrier triggered
by safety management system scores or out-of-service disqualification standards, unless—
‘‘(1) the carrier has the opportunity, prior to the denial
of such permit, to submit a written description of corrective
actions taken and other documentation the carrier wishes the
Secretary to consider, including a corrective action plan; and
‘‘(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course
of the comprehensive review.’’.

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SEC. 7203. IMPROVING THE EFFECTIVENESS OF PLANNING AND
TRAINING GRANTS.

(a) PLANNING AND TRAINING GRANTS.—Section 5116 of title
49, United States Code, is amended—
(1) by redesignating subsections (c) through (k) as subsections (b) through (j), respectively,
(2) by striking subsection (b); and

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(3) by striking subsection (a) and inserting the following:
‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The Secretary shall
make grants to States and Indian tribes—
‘‘(A) to develop, improve, and carry out emergency plans
under the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining
flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the
jurisdiction of a State or Indian tribe and lands of another
State or Indian tribe;
‘‘(B) to decide on the need for regional hazardous material
emergency response teams; and
‘‘(C) to train public sector employees to respond to accidents
and incidents involving hazardous material.
‘‘(2) To the extent that a grant is used to train emergency
responders under paragraph (1)(C), the State or Indian tribe shall
provide written certification to the Secretary that the emergency
responders who receive training under the grant will have the
ability to protect nearby persons, property, and the environment
from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations
or National Fire Protection Association standards for competence
of responders to accidents and incidents involving hazardous materials.
‘‘(3) The Secretary may make a grant to a State or Indian
tribe under paragraph (1) of this subsection only if—
‘‘(A) the State or Indian tribe certifies that the total amount
the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least
equal the average level of expenditure for the last 5 years;
and
‘‘(B) any emergency response training provided under the
grant shall consist of—
‘‘(i) a course developed or identified under section 5115
of this title; or
‘‘(ii) any other course the Secretary determines is consistent with the objectives of this section.
‘‘(4) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training
under the grant is coordinated with adjacent States and Indian
tribes.
‘‘(5) A training grant under paragraph (1)(C) may be used—
‘‘(A) to pay—
‘‘(i) the tuition costs of public sector employees being
trained;
‘‘(ii) travel expenses of those employees to and from
the training facility;
‘‘(iii) room and board of those employees when at the
training facility; and
‘‘(iv) travel expenses of individuals providing the
training;
‘‘(B) by the State, political subdivision, or Indian tribe
to provide the training; and
‘‘(C) to make an agreement with a person (including an
authority of a State, a political subdivision of a State or Indian
tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if—

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‘‘(i) the agreement allows the Secretary and the State
or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;
‘‘(ii) the person agrees to have an auditable accounting
system; and
‘‘(iii) the State or Indian tribe conducts at least one
on-site observation of the training each year.
‘‘(6) The Secretary shall allocate amounts made available for
grants under this subsection among eligible States and Indian
tribes based on the needs of the States and Indian tribes for
emergency response planning and training. In making a decision
about those needs, the Secretary shall consider—
‘‘(A) the number of hazardous material facilities in the
State or on land under the jurisdiction of the Indian tribe;
‘‘(B) the types and amounts of hazardous material transported in the State or on such land;
‘‘(C) whether the State or Indian tribe imposes and collects
a fee for transporting hazardous material;
‘‘(D) whether such fee is used only to carry out a purpose
related to transporting hazardous material;
‘‘(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and
‘‘(F) any other factors the Secretary determines are appropriate to carry out this subsection.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 5108(g) of title 49, United States Code, is
amended by striking ‘‘5116(i)’’ each place it appears and
inserting ‘‘5116(h)’’.
(2) Section 5116 of such title is amended—
(A) in subsection (d), as so redesignated, by striking
‘‘subsections (a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘subsection (a)(3)(A)’’;
(B) in subsection (h), as so redesignated—
(i) in paragraph (1) by inserting ‘‘and section
5107(e)’’ after ‘‘section’’;
(ii) in paragraph (2) by striking ‘‘(f)’’ and inserting
‘‘(e)’’; and
(iii) in paragraph (4) by striking ‘‘5108(g)(2) and
5115’’ and inserting ‘‘5107(e) and 5108(g)(2)’’;
(C) in subsection (i), as so redesignated, by striking
‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’; and
(D) in subsection (j), as so redesignated—
(i) by striking ‘‘planning grants allocated under
subsection (a), training grants under subsection (b),
and grants under subsection (j) of this section and
under section 5107’’ and inserting ‘‘planning and
training grants under subsection (a) and grants under
subsection (i) of this section and under subsections
(e) and (i) of section 5107’’; and
(ii) by redesignating subparagraphs (A) through
(D) as paragraphs (1) through (4), respectively.
(c) SAVINGS CLAUSE.—Nothing in this section may be construed
to prohibit the Secretary from recovering and deobligating funds
from grants that are not managed or expended in compliance with
a grant agreement.

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note.

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SEC. 7204. IMPROVING PUBLICATION OF SPECIAL PERMITS AND
APPROVALS.

Section 5117 of title 49, United States Code, is amended—
(1) in subsection (b)—
(A) by striking ‘‘an application for a special permit’’
and inserting ‘‘an application for a new special permit
or a modification to an existing special permit’’; and
(B) by inserting after the second sentence the following:
‘‘The Secretary shall make available to the public on the
Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public
an opportunity to inspect the safety analysis and comment
on the application for a period of not more than 15 days.’’;
and
(2) in subsection (c)—
(A) by striking ‘‘publish’’ and inserting ‘‘make available
to the public’’;
(B) by striking ‘‘in the Federal Register’’;
(C) by striking ‘‘180’’ and inserting ‘‘120’’; and
(D) by striking ‘‘the special permit’’ each place it
appears and inserting ‘‘a special permit or approval’’; and
(3) by adding at the end the following:
‘‘(g) DISCLOSURE OF FINAL ACTION.—The Secretary shall
periodically, but at least every 120 days—
‘‘(1) publish in the Federal Register notice of the final
disposition of each application for a new special permit, modification to an existing special permit, or approval during the
preceding quarter; and
‘‘(2) make available to the public on the Department of
Transportation’s Internet Web site notice of the final disposition
of any other special permit during the preceding quarter.’’.
SEC. 7205. ENHANCED REPORTING.

Section 5121(h) of title 49, United States Code, is amended
by striking ‘‘transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate’’ and
inserting ‘‘make available to the public on the Department of
Transportation’s Internet Web site’’.
SEC. 7206. WETLINES.

(a) WITHDRAWAL.—Not later than 30 days after the date of
enactment of this Act, the Secretary shall withdraw the proposed
rule described in the notice of proposed rulemaking issued on
January 27, 2011, entitled ‘‘Safety Requirements for External
Product Piping on Cargo Tanks Transporting Flammable Liquids’’
(76 Fed. Reg. 4847).
(b) SAVINGS CLAUSE.—Nothing in this section shall prohibit
the Secretary from issuing standards or regulations regarding the
safety of external product piping on cargo tanks transporting flammable liquids after the withdrawal is carried out pursuant to subsection (a).

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49 USC 5103
note.

SEC. 7207. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States

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shall evaluate and transmit to the Secretary, the Committee on
Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of
the Senate, a report on the standards, metrics, and protocols that
the Secretary uses to regulate the performance of persons approved
to recommend hazard classifications pursuant to section 173.56(b)
of title 49, Code of Federal Regulations (commonly referred to
as ‘‘third-party labs’’).
(b) EVALUATION.—The evaluation required under subsection (a)
shall—
(1) identify what standards and protocols are used to
approve such persons, assess the adequacy of such standards
and protocols to ensure that persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified;
(2) assess the adequacy of the Secretary’s oversight of
persons approved to perform the classifications, including the
qualification of individuals engaged in the oversight of approved
persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required;
(3) identify what standards and protocols exist to rescind,
suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols,
and make recommendations to enhance such standards and
protocols if necessary; and
(4) include annual data for fiscal years 2005 through 2015
on the number of applications received for new classifications
pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by persons approved by the Secretary were changed
to another classification and the reasons for the change, and
how many hazardous materials incidents have been attributed
to a classification recommended by such approved persons in
the United States.
(c) ACTION PLAN.—Not later than 180 days after receiving
the report required under subsection (a), the Secretary shall make
available to the public a plan describing any actions the Secretary
will take to establish standards, metrics, and protocols based on
the findings and recommendations in the report to ensure that
persons approved to perform classification examinations required
under section 173.56(b) of title 49, Code of Federal Regulations,
can sufficiently perform such examinations in a manner that meets
the hazardous materials regulations.
(d) REGULATIONS.—If the report required under subsection (a)
recommends new regulations in order for the Secretary to have
confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations
required under section 173.56(b) of title 49, Code of Federal Regulations, the Secretary shall consider such recommendations, and if
determined appropriate, issue regulations to address the recommendations not later than 18 months after the date of the
publication of the plan under subsection (c).

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SEC. 7208. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION.

The Secretary shall allow a State, at the discretion of the
State, to waive the requirement for a holder of a Class A commercial
driver’s license to obtain a hazardous materials endorsement under

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part 383 of title 49, Code of Federal Regulations, if the license
holder—
(1) is acting within the scope of the license holder’s employment as an employee of a custom harvester operation,
agrichemical business, farm retail outlet and supplier, or livestock feeder; and
(2) is operating a service vehicle that is—
(A) transporting diesel in a quantity of 3,785 liters
(1,000 gallons) or less; and
(B) clearly marked with a ‘‘flammable’’ or ‘‘combustible’’
placard, as appropriate.

Subtitle C—Safe Transportation of
Flammable Liquids by Rail
SEC. 7301. COMMUNITY SAFETY GRANTS.

Section 5107 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(i) COMMUNITY SAFETY GRANTS.—The Secretary shall establish
a competitive program for making grants to nonprofit organizations
for—
‘‘(1) conducting national outreach and training programs
to assist communities in preparing for and responding to
accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail;
and
‘‘(2) training State and local personnel responsible for
enforcing the safe transportation of hazardous materials,
including Class 3 flammable liquids.’’.

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SEC. 7302. REAL-TIME EMERGENCY RESPONSE INFORMATION.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate
Federal agencies, shall issue regulations that—
(1) require a Class I railroad transporting hazardous materials—
(A) to generate accurate, real-time, and electronic train
consist information, including—
(i) the identity, quantity, and location of hazardous
materials on a train;
(ii) the point of origin and destination of the train;
(iii) any emergency response information or
resources required by the Secretary; and
(iv) an emergency response point of contact designated by the Class I railroad; and
(B) to enter into a memorandum of understanding
with each applicable fusion center to provide the fusion
center with secure and confidential access to the electronic
train consist information described in subparagraph (A)
for each train transporting hazardous materials in the
jurisdiction of the fusion center;
(2) require each applicable fusion center to provide the
electronic train consist information described in paragraph
(1)(A) to State and local first responders, emergency response
officials, and law enforcement personnel that are involved in
the response to or investigation of an accident, incident, or

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public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic
train consist information;
(3) require each Class I railroad to provide advanced
notification and information on high-hazard flammable trains
to each State emergency response commission, consistent with
the notification content requirements in Emergency Order
Docket No. DOT–OST–2014–0067, including—
(A) a reasonable estimate of the number of implicated
trains that are expected to travel, per week, through each
county within the applicable State;
(B) updates to such estimate prior to making any material changes to any volumes or frequencies of trains traveling through a county;
(C) identification and a description of the Class 3 flammable liquid being transported on such trains;
(D) applicable emergency response information, as
required by regulation;
(E) identification of the routes over which such liquid
will be transported; and
(F) a point of contact at the Class I railroad responsible
for serving as the point of contact for State emergency
response centers and local emergency responders related
to the Class I railroad’s transportation of such liquid.
(4) require each applicable State emergency response
commission to provide to a political subdivision of a State,
or public agency responsible for emergency response or law
enforcement, upon request of the political subdivision or public
agency, the information the commission receives from a Class
I railroad pursuant to paragraph (3), including, for any such
political subdivision or public agency responsible for emergency
response or law enforcement that makes an initial request
for such information, any updates received by the State emergency response commission.
(5) prohibit any Class I railroad, employee, or agent from
withholding, or causing to be withheld, the train consist
information from first responders, emergency response officials,
and law enforcement personnel described in paragraph (2) in
the event of an incident, accident, or public health or safety
emergency involving the rail transportation of hazardous materials;
(6) establish security and confidentiality protections,
including protections from the public release of proprietary
information or security-sensitive information, to prevent the
release to unauthorized persons any electronic train consist
information or advanced notification or information provided
by Class I railroads under this section; and
(7) allow each Class I railroad to enter into a memorandum
of understanding with any Class II railroad or Class III railroad
that operates trains over the Class I railroad’s line to incorporate the Class II railroad or Class III railroad’s train consist
information within the existing framework described in paragraph (1).
(b) DEFINITIONS.—In this section:
(1) APPLICABLE FUSION CENTER.—The term ‘‘applicable
fusion center’’ means a fusion center with responsibility for
a geographic area in which a Class I railroad operates.

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(2) CLASS I RAILROAD; CLASS II RAILROAD; CLASS III RAILROAD.—The terms ‘‘Class I railroad’’, ‘‘Class II railroad’’, and

‘‘Class III railroad’’ have the meaning given those terms in
section 20102 of title 49, United States Code.
(3) CLASS 3 FLAMMABLE LIQUID.—The term ‘‘Class 3 flammable liquid’’ has the meaning given the term flammable liquid
in section 173.120(a) of title 49, Code of Federal Regulations.
(4) FUSION CENTER.—The term ‘‘fusion center’’ has the
meaning given the term in section 210A(j) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)).
(5) HAZARDOUS MATERIAL.—The term ‘‘hazardous material’’
means a substance or material the Secretary designates as
hazardous under section 5103 of title 49, United States Code.
(6) HIGH-HAZARD FLAMMABLE TRAIN.—The term ‘‘highhazard flammable train’’ means a single train transporting
20 or more tank cars loaded with a Class 3 flammable liquid
in a continuous block or a single train transporting 35 or
more tank cars loaded with a Class 3 flammable liquid throughout the train consist.
(7) TRAIN CONSIST.—The term ‘‘train consist’’ includes, with
regard to a specific train, the number of rail cars and the
commodity transported by each rail car.
(c) SAVINGS CLAUSE.—Nothing in this section may be construed
to prohibit a Class I railroad from voluntarily entering into a
memorandum of understanding, as described in subsection (a)(1)(B),
with a State emergency response commission or an entity representing or including first responders, emergency response officials,
and law enforcement personnel.
SEC. 7303. EMERGENCY RESPONSE.

(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study to determine whether limitations or weaknesses exist in the emergency response information carried by train
crews transporting hazardous materials.
(b) CONTENTS.—In conducting the study under subsection (a),
the Comptroller General shall evaluate the differences between
the emergency response information carried by train crews transporting hazardous materials and the emergency response guidance
provided in the Emergency Response Guidebook issued by the
Department of Transportation.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report of the findings of the study under subsection (a) and any recommendations for legislative action.

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49 USC 20155
note.

SEC. 7304. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS
3 FLAMMABLE LIQUIDS.

(a) IN GENERAL.—Except as provided for in subsection (b),
beginning on the date of enactment of this Act, all DOT–111 specification railroad tank cars used to transport Class 3 flammable
liquids shall meet the DOT–117, DOT–117P, or DOT–117R specifications in part 179 of title 49, Code of Federal Regulations, regardless of train composition.
(b) PHASE-OUT SCHEDULE.—Certain tank cars not meeting
DOT–117, DOT–117P, or DOT–117R specifications on the date of

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enactment of this Act may be used, regardless of train composition,
until the following end-dates:
(1) For transport of unrefined petroleum products in Class
3 flammable service, including crude oil—
(A) January 1, 2018, for non-jacketed DOT–111 tank
cars;
(B) March 1, 2018, for jacketed DOT–111 tank cars;
(C) April 1, 2020, for non-jacketed CPC–1232 tank
cars; and
(D) May 1, 2025, for jacketed CPC–1232 tank cars.
(2) For transport of ethanol—
(A) May 1, 2023, for non-jacketed and jacketed DOT–
111 tank cars;
(B) July 1, 2023, for non-jacketed CPC–1232 tank cars;
and
(C) May 1, 2025, for jacketed CPC–1232 tank cars.
(3) For transport of Class 3 flammable liquids in Packing
Group I, other than Class 3 flammable liquids specified in
paragraphs (1) and (2), May 1, 2025.
(4) For transport of Class 3 flammable liquids in Packing
Groups II and III, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2029.
(c) RETROFITTING SHOP CAPACITY.—The Secretary may extend
the deadlines established under paragraphs (3) and (4) of subsection
(b) for a period not to exceed 2 years if the Secretary determines
that insufficient retrofitting shop capacity will prevent the phaseout of tank cars not meeting the DOT–117, DOT–117P, or DOT–
117R specifications by the deadlines set forth in such paragraphs.
(d) CONFORMING REGULATORY AMENDMENTS.—
(1) IN GENERAL.—Immediately after the date of enactment
of this section, the Secretary—
(A) shall remove or revise the date-specific deadlines
in any applicable regulations or orders to the extent necessary to conform with the requirements of this section;
and
(B) may not enforce any such date-specific deadlines
or requirements that are inconsistent with the requirements of this section.
(2) IMPLEMENTATION.—Nothing in this section shall be construed to require the Secretary to issue regulations, except
as required under paragraph (1), to implement this section.
(e) SAVINGS CLAUSE.—Nothing in this section shall be construed
to prohibit the Secretary from implementing the final rule issued
on May 08, 2015, entitled ‘‘Enhanced Tank Car Standards and
Operational Controls for High-Hazard Flammable Trains’’ (80 Fed.
Reg. 26643), other than the provisions of the final rule that are
inconsistent with this section.
(f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In this section, the
term ‘‘Class 3 flammable liquid’’ has the meaning given the term
flammable liquid in section 173.120(a) of title 49, Code of Federal
Regulations.

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SEC. 7305. THERMAL BLANKETS.

(a) REQUIREMENTS.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall issue such regulations
as are necessary to require that each tank car built to meet the
DOT–117 specification and each non-jacketed tank car modified

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to meet the DOT–117R specification be equipped with an insulating
blanket with at least 1⁄2-inch-thick material that has been approved
by the Secretary pursuant to section 179.18(c) of title 49, Code
of Federal Regulations.
(b) SAVINGS CLAUSE.—Nothing in this section shall prohibit
the Secretary from approving new or alternative technologies or
materials as they become available that provide a level of safety
at least equivalent to the level of safety provided for under subsection (a).

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SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION
FOR CLASS DOT–117R TANK CARS.

(a) PROTECTIVE HOUSING.—Except as provided in subsections
(b) and (c), top fittings on DOT specification 117R tank cars shall
be located inside a protective housing not less than 1⁄2-inch in
thickness and constructed of a material having a tensile strength
not less than 65 kilopound per square inch and conform to the
following specifications:
(1) The protective housing shall be as tall as the tallest
valve or fitting involved and the height of a valve or fitting
within the protective housing must be kept to the minimum
compatible with their proper operation.
(2) The protective housing or cover may not reduce the
flow capacity of the pressure relief device below the minimum
required.
(3) The protective housing shall provide a means of drainage with a minimum flow area equivalent to six 1-inch diameter
holes.
(4) When connected to the nozzle or fittings cover plate
and subject to a horizontal force applied perpendicular to and
uniformly over the projected plane of the protective housing,
the tensile connection strength of the protective housing shall
be designed to be—
(A) no greater than 70 percent of the nozzle to tank
tensile connection strength;
(B) no greater than 70 percent of the cover plate to
nozzle connection strength; and
(C) no less than either 40 percent of the nozzle to
tank tensile connection strength or the shear strength of
twenty 1⁄2-inch bolts.
(b) PRESSURE RELIEF DEVICES.—
(1) The pressure relief device shall be located inside the
protective housing, unless space does not permit. If multiple
pressure relief devices are equipped, no more than 1 may
be located outside of a protective housing.
(2) The highest point on any pressure relief device located
outside of a protective housing may not be more than 12 inches
above the tank jacket.
(3) The highest point on the closure of any unused pressure
relief device nozzle may not be more than 6 inches above
the tank jacket.
(c) ALTERNATIVE PROTECTION.—As an alternative to the protective housing requirements in subsection (a) of this section, the
tank car may be equipped with a system that prevents the release
of product from any top fitting in the case of an incident where
any top fitting would be sheared off.

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129 STAT. 1599

(d) IMPLEMENTATION.—Nothing in this section shall be construed to require the Secretary to issue regulations to implement
this section.
(e) SAVINGS CLAUSE.—Nothing in this section shall prohibit
the Secretary from approving new technologies, methods or requirements that provide a level of safety equivalent to or greater than
the level of safety provided for in this section.
SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE PLANS.

The Secretary shall, not later than 30 days after the date
of enactment of this Act and every 90 days thereafter until a
final rule based on the advanced notice of proposed rulemaking
issued on August 1, 2014, entitled ‘‘Hazardous Materials: Oil Spill
Response Plans for High-Hazard Flammable Trains’’ (79 Fed. Reg.
45079) is promulgated, notify the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
in writing of—
(1) the status of such rulemaking;
(2) any reasons why such final rule has not been implemented;
(3) a plan for completing such final rule as soon as practicable; and
(4) the estimated date of completion of such final rule.

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SEC. 7308. MODIFICATION REPORTING.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement a reporting requirement to monitor industry-wide progress toward modifying rail tank
cars used to transport Class 3 flammable liquids by the applicable
deadlines established in section 7304.
(b) TANK CAR DATA.—The Secretary shall collect data from
shippers and rail tank car owners on—
(1) the total number of tank cars modified to meet the
DOT–117R specification, or equivalent, specifying—
(A) the type or specification of each tank car before
it was modified, including non-jacketed DOT–111, jacketed
DOT–111, non-jacketed DOT–111 meeting the CPC–1232
standard, or jacketed DOT–111 meeting the CPC–1232
standard; and
(B) the identification number of each Class 3 flammable
liquid carried by each tank car in the past year;
(2) the total number of tank cars built to meet the DOT–
117 specification, or equivalent; and
(3) the total number of tank cars used or likely to be
used to transport Class 3 flammable liquids that have not
been modified, specifying—
(A) the type or specification of each tank car not modified, including the non-jacketed DOT–111, jacketed DOT–
111, non-jacketed DOT–111 meeting the CPC–1232
standard, or jacketed DOT–111 meeting the CPC–1232
standard; and
(B) the identification number of each Class 3 flammable
liquid carried by each tank car in the past year.
(c) TANK CAR SHOP DATA.—The Secretary shall conduct a
survey of tank car facilities modifying tank cars to the DOT–
117R specification, or equivalent, or building new tank cars to
the DOT–117 specification, or equivalent, to generate statistically-

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valid estimates of the anticipated number of tank cars those facilities expect to modify to DOT–117R specification, or equivalent,
or build to the DOT–117 specification, or equivalent.
(d) FREQUENCY.—The Secretary shall collect the data under
subsection (b) and conduct the survey under subsection (c) annually
until May 1, 2029.
(e) INFORMATION PROTECTIONS.—
(1) IN GENERAL.—The Secretary shall only report data in
industry-wide totals and shall treat company-specific information as confidential business information.
(2) LEVEL OF CONFIDENTIALITY.—The Secretary shall
ensure the data collected under subsection (b) and the survey
data under subsection (c) have the same level of confidentiality
as required by the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as
administered by the Bureau of Transportation Statistics.
(3) DESIGNEE.—The Secretary may—
(A) designate the Director of the Bureau of Transportation Statistics to collect data under subsection (b) and
the survey data under subsection (c); and
(B) direct the Director to ensure the confidentially
of company-specific information to the maximum extent
permitted by law.
(f) REPORT.—Each year, not later than 60 days after the date
that both the collection of the data under subsection (b) and the
survey under subsection (c) are complete, the Secretary shall submit
a written report on the aggregate results, without company-specific
information, to—
(1) the Committee on Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
(g) DEFINITION OF CLASS 3 FLAMMABLE LIQUID.—In this section,
the term ‘‘Class 3 flammable liquid’’ has the meaning given the
term flammable liquid in section 173.120 of title 49, Code of Federal
Regulations.

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SEC. 7309. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH
STUDY.

Not later than 180 days after the research completion of the
comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study at Sandia National Laboratories,
the Secretary of Energy, in cooperation with the Secretary of
Transportation, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee
on Energy and Natural Resources of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives, and the Committee on Energy and Commerce of the House
of Representatives that contains—
(1) the results of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study;
and
(2) recommendations, based on the findings of the study,
for—
(A) regulations by the Secretary of Transportation or
the Secretary of Energy to improve the safe transport of
crude oil; and

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(B) legislation to improve the safe transport of crude
oil.
SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.

(a) IN GENERAL.—Not later than 120 days after the date of
enactment of this Act, the Secretary shall initiate a study on the
levels and structure of insurance for railroad carriers transporting
hazardous materials.
(b) CONTENTS.—ln conducting the study under subsection (a),
the Secretary shall evaluate—
(1) the level and structure of insurance, including selfinsurance, available in the private market against the full
liability potential for damages arising from an accident or
incident involving a train transporting hazardous materials;
(2) the level and structure of insurance that would be
necessary and appropriate—
(A) to efficiently allocate risk and financial responsibility for claims; and
(B) to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk
of an accident or incident; and
(3) the potential applicability, for a train transporting hazardous materials, of an alternative insurance model,
including—
(A) a secondary liability coverage pool or pools to
supplement commercial insurance; and
(B) other models administered by the Federal Government.
(c) REPORT.—Not later than 1 year after the date the study
under subsection (a) is initiated, the Secretary shall submit a report
containing the results of the study and recommendations for
addressing liability issues with rail transportation of hazardous
materials to—
(1) the Committee on Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
(d) DEFINITIONS.—ln this section:
(1) HAZARDOUS MATERIAL.—The term ‘‘hazardous material’’
means a substance or material the Secretary designates as
hazardous under section 5103 of title 49, United States Code.
(2) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has
the meaning given the term in section 20102 of title 49, United
States Code.

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SEC. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED
PNEUMATIC BRAKES.

49 USC 20141
note.

(a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct an independent evaluation of ECP brake
systems, pilot program data, and the Department’s research
and analysis on the costs, benefits, and effects of ECP brake
systems.
(2) STUDY ELEMENTS.—In completing the independent
evaluation under paragraph (1), the Comptroller General shall
examine the following issues related to ECP brake systems:

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PUBLIC LAW 114–94—DEC. 4, 2015
(A) Data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems, such as distributed power and 2-way
end-of-train devices.
(B) Data and modeling results on business benefits,
including the effects of dynamic braking.
(C) Data on costs, including up-front capital costs and
on-going maintenance costs.
(D) Analysis of potential operational benefits and challenges, including the effects of potential locomotive and
car segregation, technical reliability issues, and network
disruptions.
(E) Analysis of potential implementation challenges,
including installation time, positive train control integration complexities, component availability issues, and tank
car shop capabilities.
(F) Analysis of international experiences with the use
of advanced braking technologies.
(3) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the independent evaluation under paragraph (1).
(b) EMERGENCY BRAKING APPLICATION TESTING.—
(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to—
(A) complete testing of ECP brake systems during
emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more
DOT–117 specification or DOT–117R specification tank
cars; and
(B) transmit, not later than 18 months after the date
of enactment of this Act, to the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the testing.
(2) INDEPENDENT EXPERTS.—In completing the testing
under paragraph (1)(A), the National Academy of Sciences may
contract with 1 or more engineering or rail experts, as appropriate, that—
(A) are not railroad carriers, entities funded by such
carriers, or entities directly impacted by the final rule
issued on May 8, 2015, entitled ‘‘Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable
Trains’’ (80 Fed. Reg. 26643); and
(B) have relevant experience in conducting railroad
safety technology tests or similar crash tests.
(3) TESTING FRAMEWORK.—In completing the testing under
paragraph (1), the National Academy of Sciences and each
contractor described in paragraph (2) shall ensure that the
testing objectively, accurately, and reliably measures the
performance of ECP brake systems relative to other braking
technologies or systems, such as distributed power and 2-way
end-of-train devices, including differences in—
(A) the number of cars derailed;
(B) the number of cars punctured;

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(C) the measures of in-train forces; and
(D) the stopping distance.
(4) FUNDING.—The Secretary shall provide funding, as part
of the agreement under paragraph (1), to the National Academy
of Sciences for the testing required under this section—
(A) using sums made available to carry out sections
20108 and 5118 of title 49, United States Code; and
(B) to the extent funding under subparagraph (A) is
insufficient or unavailable to fund the testing required
under this section, using such sums as are necessary from
the amounts appropriated to the Secretary, the Federal
Railroad Administration, or the Pipeline and Hazardous
Materials Safety Administration, or a combination thereof.
(5) EQUIPMENT.—
(A) RECEIPT.—The National Academy of Sciences and
each contractor described in paragraph (2) may receive
or use rolling stock, track, and other equipment or infrastructure from a railroad carrier or other private entity
for the purposes of conducting the testing required under
this section.
(B) CONTRACTED USE.—Notwithstanding paragraph
(2)(A), to facilitate testing, the National Academy of
Sciences and each contractor may contract with a railroad
carrier or any other private entity for the use of such
carrier or entity’s rolling stock, track, or other equipment
and receive technical assistance on their use.
(c) EVIDENCE-BASED APPROACH.—
(1) ANALYSIS.—The Secretary shall—
(A) not later than 90 days after the report date, fully
incorporate the results of the evaluation under subsection
(a) and the testing under subsection (b) and update the
regulatory impact analysis of the final rule described in
subsection (b)(2)(A) of the costs, benefits, and effects of
the applicable ECP brake system requirements;
(B) as soon as practicable after completion of the
updated analysis under subparagraph (A), solicit public
comment in the Federal Register on the analysis for a
period of not more than 30 days; and
(C) not later than 60 days after the end of the public
comment period under subparagraph (B), post the final
updated regulatory impact analysis on the Department of
Transportation’s Internet Web site.
(2) DETERMINATION.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall—
(A) determine, based on whether the final regulatory
impact analysis described in paragraph (1)(C) demonstrates
that the benefits, including safety benefits, of the applicable
ECP brake system requirements exceed the costs of such
requirements, whether the applicable ECP brake system
requirements are justified;
(B) if the applicable ECP brake system requirements
are justified, publish in the Federal Register the determination and reasons for such determination; and
(C) if the Secretary does not publish the determination
under subparagraph (B), repeal the applicable ECP brake
system requirements.

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(3) SAVINGS CLAUSE.—Nothing in this section shall be construed to prohibit the Secretary from implementing the final
rule described under subsection (b)(2)(A) prior to the determination required under subsection (c)(2) of this section, or require
the Secretary to promulgate a new rule on the provisions of
such final rule, other than on the applicable ECP brake system
requirements, if the Secretary does not determine that the
applicable ECP brake system requirements are justified pursuant to this subsection.
(d) DEFINITIONS.—In this section, the following definitions
apply:
(1) APPLICABLE ECP BRAKE SYSTEM REQUIREMENTS.—The
term ‘‘applicable ECP brake system requirements’’ means sections 174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v),
179.202–10, 179.202–12(g), and 179.202–13(i) of title 49, Code
of Federal Regulations, and any other regulation in effect on
the date of enactment of this Act requiring the installation
of ECP brakes or operation in ECP brake mode.
(2) CLASS 3 FLAMMABLE LIQUID.—The term ‘‘Class 3 flammable liquid’’ has the meaning given the term flammable liquid
in section 173.120(a) of title 49, Code of Federal Regulations.
(3) ECP.—The term ‘‘ECP’’ means electronically controlled
pneumatic when applied to a brake or brakes.
(4) ECP BRAKE MODE.—The term ‘‘ECP brake mode’’
includes any operation of a rail car or an entire train using
an ECP brake system.
(5) ECP BRAKE SYSTEM.—
(A) IN GENERAL.—The term ‘‘ECP brake system’’ means
a train power braking system actuated by compressed air
and controlled by electronic signals from the locomotive
or an ECP–EOT to the cars in the consist for service
and emergency applications in which the brake pipe is
used to provide a constant supply of compressed air to
the reservoirs on each car but does not convey braking
signals to the car.
(B) INCLUSIONS.—The term ‘‘ECP brake system’’
includes dual mode and stand-alone ECP brake systems.
(6) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has
the meaning given the term in section 20102 of title 49, United
States Code.
(7) REPORT DATE.—The term ‘‘report date’’ means the date
that the reports under subsections (a)(3) and (b)(1)(B) are
required to be transmitted pursuant to those subsections.

TITLE VIII—MULTIMODAL FREIGHT
TRANSPORTATION
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.

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prec. 70101.

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(a) IN GENERAL.—Subtitle IX of title 49, United States Code,
is amended to read as follows:

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129 STAT. 1605

‘‘Subtitle IX—Multimodal Freight
Transportation
‘‘Chapter
Sec.
‘‘701. Multimodal freight policy ............................................................................ 70101
‘‘702. Multimodal freight transportation planning and information ................. 70201

‘‘CHAPTER 701—MULTIMODAL FREIGHT POLICY

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‘‘Sec.
‘‘70101. National multimodal freight policy.
‘‘70102. National freight strategic plan.
‘‘70103. National Multimodal Freight Network.

‘‘§ 70101. National multimodal freight policy
‘‘(a) IN GENERAL.—It is the policy of the United States to
maintain and improve the condition and performance of the
National Multimodal Freight Network established under section
70103 to ensure that the Network provides a foundation for the
United States to compete in the global economy and achieve the
goals described in subsection (b).
‘‘(b) GOALS.—The goals of the national multimodal freight policy
are—
‘‘(1) to identify infrastructure improvements, policies, and
operational innovations that—
‘‘(A) strengthen the contribution of the National
Multimodal Freight Network to the economic competitiveness of the United States;
‘‘(B) reduce congestion and eliminate bottlenecks on
the National Multimodal Freight Network; and
‘‘(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
‘‘(2) to improve the safety, security, efficiency, and resiliency
of multimodal freight transportation;
‘‘(3) to achieve and maintain a state of good repair on
the National Multimodal Freight Network;
‘‘(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National Multimodal
Freight Network;
‘‘(5) to improve the economic efficiency and productivity
of the National Multimodal Freight Network;
‘‘(6) to improve the reliability of freight transportation;
‘‘(7) to improve the short- and long-distance movement
of goods that—
‘‘(A) travel across rural areas between population centers;
‘‘(B) travel between rural areas and population centers;
and
‘‘(C) travel from the Nation’s ports, airports, and gateways to the National Multimodal Freight Network;
‘‘(8) to improve the flexibility of States to support multiState corridor planning and the creation of multi-State
organizations to increase the ability of States to address
multimodal freight connectivity;
‘‘(9) to reduce the adverse environmental impacts of freight
movement on the National Multimodal Freight Network; and

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(10) to pursue the goals described in this subsection in
a manner that is not burdensome to State and local governments.
‘‘(c) IMPLEMENTATION.—The Under Secretary of Transportation
for Policy, who shall be responsible for the oversight and
implementation of the national multimodal freight policy, shall—
‘‘(1) carry out sections 70102 and 70103;
‘‘(2) assist with the coordination of modal freight planning;
and
‘‘(3) identify interagency data sharing opportunities to promote freight planning and coordination.

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49 USC 70102.

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‘‘§ 70102. National freight strategic plan
‘‘(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this section, the Under Secretary of Transportation
for Policy shall—
‘‘(1) develop a national freight strategic plan in accordance
with this section; and
‘‘(2) publish the plan on the public Internet Web site of
the Department of Transportation.
‘‘(b) CONTENTS.—The national freight strategic plan shall
include—
‘‘(1) an assessment of the condition and performance of
the National Multimodal Freight Network established under
section 70103;
‘‘(2) forecasts of freight volumes for the succeeding 5-, 10, and 20-year periods;
‘‘(3) an identification of major trade gateways and national
freight corridors that connect major population centers, trade
gateways, and other major freight generators;
‘‘(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant freight
congestion, based on a quantitative methodology developed by
the Under Secretary, which shall include, at a minimum—
‘‘(A) information from the Freight Analysis Framework
of the Federal Highway Administration; and
‘‘(B) to the maximum extent practicable, an estimate
of the cost of addressing each bottleneck and any operational improvements that could be implemented;
‘‘(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved freight
transportation performance, and a description of opportunities
for overcoming the barriers;
‘‘(6) a process for addressing multistate projects and encouraging jurisdictions to collaborate;
‘‘(7) strategies to improve freight intermodal connectivity;
‘‘(8) an identification of corridors providing access to energy
exploration, development, installation, or production areas;
‘‘(9) an identification of corridors providing access to major
areas for manufacturing, agriculture, or natural resources;
‘‘(10) an identification of best practices for improving the
performance of the National Multimodal Freight Network,
including critical commerce corridors and rural and urban
access to critical freight corridors; and
‘‘(11) an identification of best practices to mitigate the
impacts of freight movement on communities.

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129 STAT. 1607

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‘‘(c) UPDATES.—Not later than 5 years after the date of completion of the national freight strategic plan under subsection (a),
and every 5 years thereafter, the Under Secretary shall update
the plan and publish the updated plan on the public Internet
Web site of the Department of Transportation.
‘‘(d) CONSULTATION.—The Under Secretary shall develop and
update the national freight strategic plan—
‘‘(1) after providing notice and an opportunity for public
comment; and
‘‘(2) in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders.
‘‘§ 70103. National Multimodal Freight Network
‘‘(a) IN GENERAL.—The Under Secretary of Transportation for
Policy shall establish a National Multimodal Freight Network in
accordance with this section—
‘‘(1) to assist States in strategically directing resources
toward improved system performance for the efficient movement of freight on the Network;
‘‘(2) to inform freight transportation planning;
‘‘(3) to assist in the prioritization of Federal investment;
and
‘‘(4) to assess and support Federal investments to achieve
the national multimodal freight policy goals described in section
70101(b) of this title and the national highway freight program
goals described in section 167 of title 23.
‘‘(b) INTERIM NETWORK.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Under Secretary shall establish
an interim National Multimodal Freight Network in accordance
with this subsection.
‘‘(2) NETWORK COMPONENTS.—The interim National
Multimodal Freight Network shall include—
‘‘(A) the National Highway Freight Network, as established under section 167 of title 23;
‘‘(B) the freight rail systems of Class I railroads, as
designated by the Surface Transportation Board;
‘‘(C) the public ports of the United States that have
total annual foreign and domestic trade of at least
2,000,000 short tons, as identified by the Waterborne Commerce Statistics Center of the Army Corps of Engineers,
using the data from the latest year for which such data
is available;
‘‘(D) the inland and intracoastal waterways of the
United States, as described in section 206 of the Inland
Waterways Revenue Act of 1978 (33 U.S.C. 1804);
‘‘(E) the Great Lakes, the St. Lawrence Seaway, and
coastal and ocean routes along which domestic freight is
transported;
‘‘(F) the 50 airports located in the United States with
the highest annual landed weight, as identified by the
Federal Aviation Administration; and
‘‘(G) other strategic freight assets, including strategic
intermodal facilities and freight rail lines of Class II and
Class III railroads, designated by the Under Secretary
as critical to interstate commerce.

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49 USC 70103.

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129 STAT. 1608

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(c) FINAL NETWORK.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Under Secretary, after soliciting input from stakeholders, including multimodal freight
system users, transportation providers, metropolitan planning
organizations, local governments, ports, airports, railroads, and
States, through a public process to identify critical freight facilities and corridors, including critical commerce corridors, that
are vital to achieve the national multimodal freight policy goals
described in section 70101(b) of this title and the national
highway freight program goals described in section 167 of title
23, and after providing notice and an opportunity for comment
on a draft system, shall designate a National Multimodal
Freight Network with the goal of—
‘‘(A) improving network and intermodal connectivity;
and
‘‘(B) using measurable data as part of the assessment
of the significance of freight movement, including the
consideration of points of origin, destinations, and linking
components of domestic and international supply chains.
‘‘(2) FACTORS.—In designating or redesignating the
National Multimodal Freight Network, the Under Secretary
shall consider—
‘‘(A) origins and destinations of freight movement
within, to, and from the United States;
‘‘(B) volume, value, tonnage, and the strategic importance of freight;
‘‘(C) access to border crossings, airports, seaports, and
pipelines;
‘‘(D) economic factors, including balance of trade;
‘‘(E) access to major areas for manufacturing, agriculture, or natural resources;
‘‘(F) access to energy exploration, development,
installation, and production areas;
‘‘(G) intermodal links and intersections that promote
connectivity;
‘‘(H) freight choke points and other impediments
contributing to significant measurable congestion, delay
in freight movement, or inefficient modal connections;
‘‘(I) impacts on all freight transportation modes and
modes that share significant freight infrastructure;
‘‘(J) facilities and transportation corridors identified
by a multi-State coalition, a State, a State freight advisory
committee, or a metropolitan planning organization, using
national or local data, as having critical freight importance
to the region;
‘‘(K) major distribution centers, inland intermodal
facilities, and first- and last-mile facilities; and
‘‘(L) the significance of goods movement, including
consideration of global and domestic supply chains.
‘‘(3) CONSIDERATIONS.—In designating or redesignating the
National Multimodal Freight Network, the Under Secretary
shall—
‘‘(A) use, to the extent practicable, measurable data
to assess the significance of goods movement, including
the consideration of points of origin, destinations, and

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1609

linking components of the United States global and
domestic supply chains;
‘‘(B) consider—
‘‘(i) the factors described in paragraph (2); and
‘‘(ii) any changes in the economy that affect freight
transportation network demand; and
‘‘(C) provide the States with an opportunity to submit
proposed designations in accordance with paragraph (4).
‘‘(4) STATE INPUT.—
‘‘(A) IN GENERAL.—Each State that proposes additional
designations for the National Multimodal Freight Network
shall—
‘‘(i) consider nominations for additional designations from metropolitan planning organizations and
State freight advisory committees, as applicable, within
the State;
‘‘(ii) consider nominations for additional designations from owners and operators of port, rail, pipeline,
and airport facilities; and
‘‘(iii) ensure that additional designations are consistent with the State transportation improvement program or freight plan.
‘‘(B) CRITICAL RURAL FREIGHT FACILITIES AND CORRIDORS.—As part of the designations under subparagraph
(A), a State may designate a freight facility or corridor
within the borders of the State as a critical rural freight
facility or corridor if the facility or corridor—
‘‘(i) is a rural principal arterial;
‘‘(ii) provides access or service to energy exploration, development, installation, or production areas;
‘‘(iii) provides access or service to—
‘‘(I) a grain elevator;
‘‘(II) an agricultural facility;
‘‘(III) a mining facility;
‘‘(IV) a forestry facility; or
‘‘(V) an intermodal facility;
‘‘(iv) connects to an international port of entry;
‘‘(v) provides access to a significant air, rail, water,
or other freight facility in the State; or
‘‘(vi) has been determined by the State to be vital
to improving the efficient movement of freight of importance to the economy of the State.
‘‘(C) LIMITATION.—
‘‘(i) IN GENERAL.—A State may propose additional
designations to the National Multimodal Freight Network in the State in an amount that is not more
than 20 percent of the total mileage designated by
the Under Secretary in the State.
‘‘(ii) DETERMINATION BY UNDER SECRETARY.—The
Under Secretary shall determine how to apply the
limitation under clause (i) to the components of the
National Multimodal Freight Network.
‘‘(D) SUBMISSION AND CERTIFICATION.—A State shall
submit to the Under Secretary—
‘‘(i) a list of any additional designations proposed
to be added under this paragraph; and
‘‘(ii) a certification that—

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‘‘(I) the State has satisfied the requirements
of subparagraph (A); and
‘‘(II) the designations referred to in clause (i)
address the factors for designation described in
this subsection.
‘‘(d) REDESIGNATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.—Not later than 5 years after the initial designation under
subsection (c), and every 5 years thereafter, the Under Secretary,
using the designation factors described in subsection (c), shall
redesignate the National Multimodal Freight Network.
‘‘CHAPTER 702—MULTIMODAL FREIGHT
TRANSPORTATION PLANNING AND INFORMATION

49 USC
prec. 70201.

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‘‘Sec.
‘‘70201.
‘‘70202.
‘‘70203.
‘‘70204.

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State freight advisory committees.
State freight plans.
Transportation investment data and planning tools.
Savings provision.

49 USC 70201.

‘‘§ 70201. State freight advisory committees
‘‘(a) IN GENERAL.—The Secretary of Transportation shall
encourage each State to establish a freight advisory committee
consisting of a representative cross-section of public and private
sector freight stakeholders, including representatives of ports,
freight railroads, shippers, carriers, freight-related associations,
third-party logistics providers, the freight industry workforce, the
transportation department of the State, and local governments.
‘‘(b) ROLE OF COMMITTEE.—A freight advisory committee of
a State described in subsection (a) shall—
‘‘(1) advise the State on freight-related priorities, issues,
projects, and funding needs;
‘‘(2) serve as a forum for discussion for State transportation
decisions affecting freight mobility;
‘‘(3) communicate and coordinate regional priorities with
other organizations;
‘‘(4) promote the sharing of information between the private
and public sectors on freight issues; and
‘‘(5) participate in the development of the freight plan of
the State described in section 70202.

49 USC 70202.

‘‘§ 70202. State freight plans
‘‘(a) IN GENERAL.—Each State that receives funding under section 167 of title 23 shall develop a freight plan that provides
a comprehensive plan for the immediate and long-range planning
activities and investments of the State with respect to freight.
‘‘(b) PLAN CONTENTS.—A State freight plan described in subsection (a) shall include, at a minimum—
‘‘(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
‘‘(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
‘‘(3) when applicable, a listing of—
‘‘(A) multimodal critical rural freight facilities and corridors designated within the State under section 70103
of this title; and

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‘‘(B) critical rural and urban freight corridors designated within the State under section 167 of title 23;
‘‘(4) a description of how the plan will improve the ability
of the State to meet the national multimodal freight policy
goals described in section 70101(b) of this title and the national
highway freight program goals described in section 167 of title
23;
‘‘(5) a description of how innovative technologies and operational strategies, including freight intelligent transportation
systems, that improve the safety and efficiency of freight movement, were considered;
‘‘(6) in the case of roadways on which travel by heavy
vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration;
‘‘(7) an inventory of facilities with freight mobility issues,
such as bottlenecks, within the State, and for those facilities
that are State owned or operated, a description of the strategies
the State is employing to address the freight mobility issues;
‘‘(8) consideration of any significant congestion or delay
caused by freight movements and any strategies to mitigate
that congestion or delay;
‘‘(9) a freight investment plan that, subject to subsection
(c)(2), includes a list of priority projects and describes how
funds made available to carry out section 167 of title 23 would
be invested and matched; and
‘‘(10) consultation with the State freight advisory committee, if applicable.
‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.—
‘‘(1) INCORPORATION.—A State freight plan described in
subsection (a) may be developed separately from or incorporated
into the statewide strategic long-range transportation plan
required by section 135 of title 23.
‘‘(2) FISCAL CONSTRAINT.—The freight investment plan
component of a freight plan shall include a project, or an
identified phase of a project, only if funding for completion
of the project can reasonably be anticipated to be available
for the project within the time period identified in the freight
investment plan.
‘‘(d) PLANNING PERIOD.—A State freight plan described in subsection (a) shall address a 5-year forecast period.
‘‘(e) UPDATES.—
‘‘(1) IN GENERAL.—A State shall update a State freight
plan described in subsection (a) not less frequently than once
every 5 years.
‘‘(2) FREIGHT INVESTMENT PLAN.—A State may update a
freight investment plan described in subsection (b)(9) more
frequently than is required under paragraph (1).
‘‘§ 70203. Transportation investment data and planning tools
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation shall—
‘‘(1) begin development of new tools and improvement of
existing tools to support an outcome-oriented, performance-

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based approach to evaluate proposed freight-related and other
transportation projects, including—
‘‘(A) methodologies for systematic analysis of benefits
and costs on a national or regional basis;
‘‘(B) tools for ensuring that the evaluation of freightrelated and other transportation projects could consider
safety, economic competitiveness, urban and rural access,
environmental sustainability, and system condition in the
project selection process;
‘‘(C) improved methods for data collection and trend
analysis;
‘‘(D) encouragement of public-private collaboration to
carry out data sharing activities while maintaining the
confidentiality of all proprietary data; and
‘‘(E) other tools to assist in effective transportation
planning;
‘‘(2) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
‘‘(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing freight
flow data collection efforts that could reduce identified freight
data gaps and deficiencies and help improve forecasts of freight
transportation demand.
‘‘(b) CONSULTATION.—The Secretary shall consult with Federal,
State, and other stakeholders to develop, improve, and implement
the tools and collect the data described in subsection (a).
49 USC 70204.

49 USC
prec. 101.

‘‘§ 70204. Savings provision
‘‘Nothing in this subtitle provides additional authority to regulate or direct private activity on freight networks designated under
this subtitle.’’.
(b) CLERICAL AMENDMENT.—The analysis of subtitles for title
49, United States Code, is amended by striking the item relating
to subtitle IX and inserting the following:
‘‘IX. Multimodal Freight Transportation .....................................................70101’’.

TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
FINANCE BUREAU.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:

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49 USC 116.

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‘‘§ 116. National Surface Transportation and Innovative
Finance Bureau
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish a National Surface Transportation and Innovative Finance
Bureau in the Department.
‘‘(b) PURPOSES.—The purposes of the Bureau shall be—
‘‘(1) to provide assistance and communicate best practices
and financing and funding opportunities to eligible entities
for the programs referred to in subsection (d)(1);

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129 STAT. 1613

‘‘(2) to administer the application processes for programs
within the Department in accordance with subsection (d);
‘‘(3) to promote innovative financing best practices in
accordance with subsection (e);
‘‘(4) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with subsection (f); and
‘‘(5) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection (g).
‘‘(c) EXECUTIVE DIRECTOR.—
‘‘(1) APPOINTMENT.—The Bureau shall be headed by an
Executive Director, who shall be appointed in the competitive
service by the Secretary, with the approval of the President.
‘‘(2) DUTIES.—The Executive Director shall—
‘‘(A) report to the Under Secretary of Transportation
for Policy;
‘‘(B) be responsible for the management and oversight
of the daily activities, decisions, operations, and personnel
of the Bureau;
‘‘(C) support the Council on Credit and Finance established under section 117 in accordance with this section;
and
‘‘(D) carry out such additional duties as the Secretary
may prescribe.
‘‘(d) ADMINISTRATION OF CERTAIN APPLICATION PROCESSES.—
‘‘(1) IN GENERAL.—The Bureau shall administer the application processes for the following programs:
‘‘(A) The infrastructure finance programs authorized
under chapter 6 of title 23.
‘‘(B) The railroad rehabilitation and improvement
financing program authorized under sections 501 through
503 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821–823).
‘‘(C) Amount allocations authorized under section
142(m) of the Internal Revenue Code of 1986.
‘‘(D) The nationally significant freight and highway
projects program under section 117 of title 23.
NOTIFICATION.—The
Executive
‘‘(2)
CONGRESSIONAL
Director shall ensure that the congressional notification
requirements for each program referred to in paragraph (1)
are followed in accordance with the statutory provisions
applicable to the program.
‘‘(3) REPORTS.—The Executive Director shall ensure that
the reporting requirements for each program referred to in
paragraph (1) are followed in accordance with the statutory
provisions applicable to the program.
‘‘(4) COORDINATION.—In administering the application processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the
Department and its modal administrations responsible for
administering such programs.
‘‘(5) STREAMLINING APPROVAL PROCESSES.—Not later than
1 year after the date of enactment of this section, the Executive
Director shall submit to the Committee on Transportation and

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129 STAT. 1614

PUBLIC LAW 114–94—DEC. 4, 2015
Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a
report that—
‘‘(A) evaluates the application processes for the programs referred to in paragraph (1);
‘‘(B) identifies administrative and legislative actions
that would improve the efficiency of the application processes without diminishing Federal oversight; and
‘‘(C) describes how the Executive Director will implement administrative actions identified under subparagraph
(B) that do not require an Act of Congress.
‘‘(6) PROCEDURES AND TRANSPARENCY.—
‘‘(A) PROCEDURES.—With respect to the programs
referred to in paragraph (1), the Executive Director shall—
‘‘(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance;
‘‘(ii) establish procedures for addressing latearriving applications, as applicable, and communicating the Bureau’s decisions for accepting or
rejecting late applications to the applicant and the
public; and
‘‘(iii) document major decisions in the application
evaluation process through a decision memorandum
or similar mechanism that provides a clear rationale
for such decisions.
‘‘(B) REVIEW.—
‘‘(i) IN GENERAL.—The Comptroller General of the
United States shall review the compliance of the Executive Director with the requirements of this paragraph.
‘‘(ii) RECOMMENDATIONS.—The Comptroller General may make recommendations to the Executive
Director in order to improve compliance with the
requirements of this paragraph.
‘‘(iii) REPORT.—Not later than 3 years after the
date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works,
the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results
of the review conducted under clause (i), including
findings and recommendations for improvement.
‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.—
‘‘(1) IN GENERAL.—The Bureau shall work with the modal
administrations within the Department, eligible entities, and
other public and private interests to develop and promote best
practices for innovative financing and public-private partnerships.
‘‘(2) ACTIVITIES.—The Bureau shall carry out paragraph
(1)—
‘‘(A) by making Federal credit assistance programs
more accessible to eligible recipients;

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‘‘(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding;
‘‘(C) by sharing innovative financing best practices and
case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing
methods; and
‘‘(D) by developing and monitoring—
‘‘(i) best practices with respect to standardized
State public-private partnership authorities and practices, including best practices related to—
‘‘(I) accurate and reliable assumptions for analyzing public-private partnership procurements;
‘‘(II) procedures for the handling of unsolicited
bids;
‘‘(III) policies with respect to noncompete
clauses; and
‘‘(IV) other significant terms of public-private
partnership procurements, as determined appropriate by the Bureau;
‘‘(ii) standard contracts for the most common types
of public-private partnerships for transportation facilities; and
‘‘(iii) analytical tools and other techniques to aid
eligible entities in determining the appropriate project
delivery model, including a value for money analysis.
‘‘(3) TRANSPARENCY.—The Bureau shall—
‘‘(A) ensure the transparency of a project receiving
credit assistance under a program referred to in subsection
(d)(1) and procured as a public-private partnership by—
‘‘(i) requiring the sponsor of the project to undergo
a value for money analysis or a comparable analysis
prior to deciding to advance the project as a publicprivate partnership;
‘‘(ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant publicprivate partnership agreement, to be made publicly
available by the project sponsor at an appropriate time;
‘‘(iii) not later than 3 years after the date of
completion of the project, requiring the sponsor of the
project to conduct a review regarding whether the private partner is meeting the terms of the relevant
public-private partnership agreement; and
‘‘(iv) providing a publicly available summary of
the total level of Federal assistance in such project;
and
‘‘(B) develop guidance to implement this paragraph
that takes into consideration variations in State and local
laws and requirements related to public-private partnerships.
‘‘(4) SUPPORT TO PROJECT SPONSORS.—At the request of
an eligible entity, the Bureau shall provide technical assistance
to the eligible entity regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable
analysis.
‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.—

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(1) IN GENERAL.—The Bureau shall take actions that are
appropriate and consistent with the Department’s goals and
policies to improve the delivery timelines for projects carried
out under the programs referred to in subsection (d)(1).
‘‘(2) ACTIVITIES.—The Bureau shall carry out paragraph
(1)—
‘‘(A) by serving as the Department’s liaison to the
Council on Environmental Quality;
‘‘(B) by coordinating efforts to improve the efficiency
and effectiveness of the environmental review and permitting process;
‘‘(C) by providing technical assistance and training to
field and headquarters staff of Federal agencies on policy
changes and innovative approaches to the delivery of
projects; and
‘‘(D) by identifying, developing, and tracking metrics
for permit reviews and decisions by Federal agencies for
projects under the National Environmental Policy Act of
1969.
‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the request of
an eligible entity that is carrying out a project under a program
referred to in subsection (d)(1), the Bureau, in coordination
with the appropriate modal administrations within the Department, shall provide technical assistance with regard to the
compliance of the project with the requirements of the National
Environmental Policy Act 1969 and relevant Federal environmental permits.
‘‘(g) PROJECT PROCUREMENT.—
‘‘(1) IN GENERAL.—The Bureau shall promote best practices
in procurement for a project receiving assistance under a program referred to in subsection (d)(1) by developing, in coordination with modal administrations within the Department as
appropriate, procurement benchmarks in order to ensure
accountable expenditure of Federal assistance over the life cycle
of the project.
‘‘(2) PROCUREMENT BENCHMARKS.—To the maximum extent
practicable, the procurement benchmarks developed under
paragraph (1) shall—
‘‘(A) establish maximum thresholds for acceptable
project cost increases and delays in project delivery;
‘‘(B) establish uniform methods for States to measure
cost and delivery changes over the life cycle of a project;
and
‘‘(C) be tailored, as necessary, to various types of project
procurements, including design-bid-build, design-build, and
public-private partnerships.
‘‘(3) DATA COLLECTION.—The Bureau shall—
‘‘(A) collect information related to procurement benchmarks developed under paragraph (1), including project
specific information detailed under paragraph (2); and
‘‘(B) provide on a publicly accessible Internet Web site
of the Department a report on the information collected
under subparagraph (A).
‘‘(h) ELIMINATION AND CONSOLIDATION OF DUPLICATIVE
OFFICES.—

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1617

‘‘(1) ELIMINATION OF OFFICES.—The Secretary may eliminate any office within the Department if the Secretary determines that—
‘‘(A) the purposes of the office are duplicative of the
purposes of the Bureau; and
‘‘(B) the elimination of the office does not adversely
affect the obligations of the Secretary under any Federal
law.
‘‘(2) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.—
The Secretary may consolidate any office or office function
within the Department into the Bureau that the Secretary
determines has duties, responsibilities, resources, or expertise
that support the purposes of the Bureau.
‘‘(3) STAFFING AND BUDGETARY RESOURCES.—
‘‘(A) IN GENERAL.—The Secretary shall ensure that the
Bureau is adequately staffed and funded.
‘‘(B) STAFFING.—The Secretary may transfer to the
Bureau a position within the Department from any office
that is eliminated or consolidated under this subsection
if the Secretary determines that the position is necessary
to carry out the purposes of the Bureau.
‘‘(C) SAVINGS PROVISION.—If the Secretary transfers
a position to the Bureau under subparagraph (B), the Secretary, in coordination with the appropriate modal administration, shall ensure that the transfer of the position does
not adversely affect the obligations of the modal administration under any Federal law.
‘‘(D) BUDGETARY RESOURCES.—
‘‘(i) TRANSFER OF FUNDS FROM ELIMINATED OR
CONSOLIDATED OFFICES.—During the 2-year period
beginning on the date of enactment of this section,
the Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated
or consolidated under this subsection to carry out the
purposes of the Bureau.
‘‘(ii) TRANSFER OF FUNDS ALLOCATED TO ADMINISTRATIVE COSTS.—During the 2-year period beginning
on the date of enactment of this section, the Secretary
may transfer to the Bureau funds allocated to the
administrative costs of processing applications for the
programs referred to in subsection (d)(1).
‘‘(4) NOTIFICATION.—Not later than 90 days after the date
of enactment of this section, and every 90 days thereafter,
the Secretary shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works, the Committee
on Banking, Housing, and Urban Affairs, and the Committee
on Commerce, Science, and Transportation of the Senate of—
‘‘(A) the offices eliminated under paragraph (1) and
the rationale for elimination of the offices;
‘‘(B) the offices and office functions consolidated under
paragraph (2) and the rationale for consolidation of the
offices and office functions;
‘‘(C) the actions taken under paragraph (3) and the
rationale for taking such actions; and
‘‘(D) any additional legislative actions that may be
needed.

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49 USC 101.

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(i) SAVINGS PROVISIONS.—
‘‘(1) LAWS AND REGULATIONS.—Nothing in this section may
be construed to change a law or regulation with respect to
a program referred to in subsection (d)(1).
‘‘(2) RESPONSIBILITIES.—Nothing in this section may be construed to abrogate the responsibilities of an agency, operating
administration, or office within the Department otherwise
charged by a law or regulation with other aspects of program
administration, oversight, or project approval or implementation for the programs and projects subject to this section.
‘‘(3) APPLICABILITY.—Nothing in this section may be construed to affect any pending application under 1 or more of
the programs referred to in subsection (d)(1) that was received
by the Secretary on or before the date of enactment of this
section.
‘‘(j) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) BUREAU.—The term ‘Bureau’ means the National Surface Transportation and Innovative Finance Bureau of the
Department.
‘‘(2) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an
eligible applicant receiving financial or credit assistance under
1 or more of the programs referred to in subsection (d)(1).
‘‘(4) EXECUTIVE DIRECTOR.—The term ‘Executive Director’
means the Executive Director of the Bureau.
‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’
means a project involving the participation of more than 1
modal administration or secretarial office within the Department.
‘‘(6) PROJECT.—The term ‘project’ means a highway project,
public transportation capital project, freight or passenger rail
project, or multimodal project.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following:
‘‘116. National Surface Transportation and Innovative Finance Bureau.’’.
SEC. 9002. COUNCIL ON CREDIT AND FINANCE.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code,
as amended by this Act, is further amended by adding at the
end the following:

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49 USC 117.

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‘‘§ 117. Council on Credit and Finance
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish a Council on Credit and Finance in accordance with this
section.
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Council shall be composed of the
following members:
‘‘(A) The Deputy Secretary of Transportation.
‘‘(B) The Under Secretary of Transportation for Policy.
‘‘(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
‘‘(D) The General Counsel of the Department of
Transportation.
‘‘(E) The Assistant Secretary for Transportation Policy.

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‘‘(F) The Administrator of the Federal Highway
Administration.
‘‘(G) The Administrator of the Federal Transit Administration.
‘‘(H) The Administrator of the Federal Railroad
Administration.
‘‘(2) ADDITIONAL MEMBERS.—The Secretary may designate
up to 3 additional officials of the Department to serve as
at-large members of the Council.
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—
‘‘(A) CHAIRPERSON.—The Deputy Secretary of
Transportation shall serve as the chairperson of the
Council.
‘‘(B) VICE CHAIRPERSON.—The Chief Financial Officer
and Assistant Secretary for Budget and Programs shall
serve as the vice chairperson of the Council.
‘‘(4) EXECUTIVE DIRECTOR.—The Executive Director of the
National Surface Transportation and Innovative Finance
Bureau shall serve as a nonvoting member of the Council.
‘‘(c) DUTIES.—The Council shall—
‘‘(1) review applications for assistance submitted under the
programs referred to in subparagraphs (A), (B), and (C) of
section 116(d)(1);
‘‘(2) review applications for assistance submitted under the
program referred to in section 116(d)(1)(D), as determined
appropriate by the Secretary;
‘‘(3) make recommendations to the Secretary regarding the
selection of projects to receive assistance under such programs;
‘‘(4) review, on a regular basis, projects that received assistance under such programs; and
‘‘(5) carry out such additional duties as the Secretary may
prescribe.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
further amended by adding at the end the following:

49 USC
prec. 101.

‘‘117. Council on Credit and Finance.’’.

TITLE X—SPORT FISH RESTORATION
AND RECREATIONAL BOATING SAFETY

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SEC. 10001. ALLOCATIONS.

(a) AUTHORIZATION.—Section 3 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777b) is amended by striking ‘‘57
percent’’ and inserting ‘‘58.012 percent’’.
(b) IN GENERAL.—Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘For each’’ and all that follows
through ‘‘the balance’’ and inserting ‘‘For each fiscal
year through fiscal year 2021, the balance’’; and
(ii) by striking ‘‘multistate conservation grants
under section 14’’ and inserting ‘‘activities under section 14(e)’’;
(B) in paragraph (1), by striking ‘‘18.5 percent’’ and
inserting ‘‘18.673 percent’’;

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129 STAT. 1620

PUBLIC LAW 114–94—DEC. 4, 2015
(C) in paragraph (2) by striking ‘‘18.5 percent’’ and
inserting ‘‘17.315 percent’’;
(D) by striking paragraphs (3) and (4);
(E) by redesignating paragraph (5) as paragraph (4);
and
(F) by inserting after paragraph (2) the following:
‘‘(3) BOATING INFRASTRUCTURE IMPROVEMENT.—
‘‘(A) IN GENERAL.—An amount equal to 4 percent to
the Secretary of the Interior for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C.
1322 note) and section 7404(d) of the Sportfishing and
Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)).
‘‘(B) LIMITATION.—Not more than 75 percent of the
amount under subparagraph (A) shall be available for
projects under either of the sections referred to in subparagraph (A).’’;
(2) in subsection (b)—
(A) in paragraph (1)(A) by striking ‘‘for each’’ and all
that follows through ‘‘the Secretary’’ and inserting ‘‘for
each fiscal year through fiscal year 2021, the Secretary’’;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRATION.—
‘‘(A) IN GENERAL.—From the annual appropriation
made in accordance with section 3, for each of fiscal years
2016 through 2021, the Secretary of the department in
which the Coast Guard is operating may use no more
than the amount specified in subparagraph (B) for the
fiscal year for the purposes set forth in section 13107(c)
of title 46, United States Code. The amount specified in
subparagraph (B) for a fiscal year may not be included
in the amount of the annual appropriation distributed
under subsection (a) for the fiscal year.
‘‘(B) AVAILABLE AMOUNTS.—The available amount
referred to in subparagraph (A) is—
‘‘(i) for fiscal year 2016, $7,700,000; and
‘‘(ii) for fiscal year 2017 and each fiscal year thereafter, the sum of—
‘‘(I) the available amount for the preceding
fiscal year; and
‘‘(II) the amount determined by multiplying—
‘‘(aa) the available amount for the preceding fiscal year; and
‘‘(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for
All Urban Consumers published by the
Department of Labor.’’; and
(D) in paragraph (3), as so redesignated—
(i) in subparagraph (A), by striking ‘‘until the end
of the fiscal year.’’ and inserting ‘‘until the end of
the subsequent fiscal year.’’; and
(ii) in subparagraph (B) by striking ‘‘under subsection (e)’’ and inserting ‘‘under subsection (c)’’;
(3) in subsection (c)—
(A) by striking ‘‘(c) The Secretary’’ and inserting ‘‘(c)(1)
The Secretary,’’;

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(B) by striking ‘‘grants under section 14 of this title’’
and inserting ‘‘activities under section 14(e)’’;
(C) by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’; and
(D) by adding at the end the following:
‘‘(2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under
section 14(a).’’; and
(4) in subsection (e)(1), by striking ‘‘those subsections,’’
and inserting ‘‘those paragraphs,’’.
(c) SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.—Section 6(d) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777e(d)) is amended by striking ‘‘for appropriations’’ and
inserting ‘‘from appropriations’’.
(d) UNEXPENDED OR UNOBLIGATED FUNDS.—Section 8(b)(2) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777g(b)(2)) is amended by striking ‘‘57 percent’’ and inserting
‘‘58.012 percent’’.
(e) COOPERATION.—Section 12 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777k) is amended—
(1) by striking ‘‘57 percent’’ and inserting ‘‘58.012 percent’’;
and
(2) by striking ‘‘under section 4(b)’’ and inserting ‘‘under
section 4(c)’’.
(f) OTHER ACTIVITIES.—Section 14 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777m) is amended—
(1) in subsection (a)(1), by striking ‘‘of each annual appropriation made in accordance with the provisions of section
3’’; and
(2) in subsection (e)—
(A) in the matter preceding paragraph (1) by striking
‘‘Of amounts made available under section 4(b) for each
fiscal year—’’ and inserting ‘‘Not more than $1,200,000
of each annual appropriation made in accordance with the
provisions of section 3 shall be distributed to the Secretary
of the Interior for use as follows:’’; and
(B) in paragraph (1)(D) by striking ‘‘; and’’ and
inserting a period.
(g) REPEAL.—The Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777 et seq.) is amended—
(1) by striking section 15; and
(2) by redesignating section 16 as section 15.

16 USC 777 note.

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SEC. 10002. RECREATIONAL BOATING SAFETY.

Section 13107 of title 46, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(1) Subject to paragraph (2) and subsection (c),’’ and inserting ‘‘Subject to subsection (c),’’;
(B) by striking ‘‘the sum of (A) the amount made available from the Boat Safety Account for that fiscal year
under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)’’; and
(C) by striking paragraph (2); and
(2) in subsection (c)—
(A) by striking the subsection designation and paragraph (1) and inserting the following:

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PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(c)(1)(A) The Secretary may use amounts made available each
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses
of the Coast Guard for investigations, personnel, and activities
directly related to—
‘‘(i) administering State recreational boating safety programs under this chapter; or
‘‘(ii) coordinating or carrying out the national recreational
boating safety program under this title.
‘‘(B) Of the amounts used by the Secretary each fiscal year
under subparagraph (A)—
‘‘(i) not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and
‘‘(ii) not more than $1,500,000 is available to conduct by
grant or contract a survey of levels of recreational boating
participation and related matters in the United States.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘No funds’’ and inserting ‘‘On and
after October 1, 2016, no funds’’; and
(ii) by striking ‘‘traditionally’’.
Passenger Rail
Reform and
Investment Act
of 2015.
49 USC 20101
note.

TITLE XI—RAIL
SEC. 11001. SHORT TITLE.

This title may be cited as the ‘‘Passenger Rail Reform and
Investment Act of 2015’’.

Subtitle A—Authorizations

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SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.

(a) NORTHEAST CORRIDOR.—There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the Northeast Corridor the following amounts:
(1) For fiscal year 2016, $450,000,000.
(2) For fiscal year 2017, $474,000,000.
(3) For fiscal year 2018, $515,000,000.
(4) For fiscal year 2019, $557,000,000.
(5) For fiscal year 2020, $600,000,000.
(b) NATIONAL NETWORK.—There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the National Network the following amounts:
(1) For fiscal year 2016, $1,000,000,000.
(2) For fiscal year 2017, $1,026,000,000.
(3) For fiscal year 2018, $1,085,000,000.
(4) For fiscal year 2019, $1,143,000,000.
(5) For fiscal year 2020, $1,200,000,000.
(c) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may
withhold up to one half of 1 percent of the amount appropriated
under subsections (a) and (b) for the costs of management oversight
of Amtrak.
(d) GULF COAST WORKING GROUP.—Of the total amount made
available to the Office of the Secretary of Transportation and the
Federal Railroad Administration, for each of fiscal years 2016 and
2017, $500,000 shall be used to convene the Gulf Coast rail service

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working group established under section 11304 of this Act and
carry out its responsibilities under such section.
(e) COMPETITION.—In administering grants to Amtrak under
section 24319 of title 49, United States Code, the Secretary may
withhold, from amounts that would otherwise be made available
to Amtrak, such sums as are necessary from the amount appropriated under subsection (b) of this section to cover the operating
subsidy described in section 24711(b)(1)(E)(ii) of title 49, United
States Code.
(f) STATE-SUPPORTED ROUTE COMMITTEE.—The Secretary may
withhold up to $2,000,000 from the amount appropriated in each
fiscal year under subsection (b) of this section for the use of the
State-Supported Route Committee established under section 24712
of title 49, United States Code.
(g) NORTHEAST CORRIDOR COMMISSION.—The Secretary may
withhold up to $5,000,000 from the amount appropriated in each
fiscal year under subsection (a) of this section for the use of the
Northeast Corridor Commission established under section 24905
of title 49, United States Code.
(h) NORTHEAST CORRIDOR.—For purposes of this section, the
term ‘‘Northeast Corridor’’ means the Northeast Corridor main line
between Boston, Massachusetts, and the District of Columbia, and
facilities and services used to operate and maintain that line.
(i) SMALL BUSINESS PARTICIPATION STUDY.—Of the total amount
made available to the Office of the Secretary of Transportation
and the Federal Railroad Administration, for each of fiscal years
2016 and 2017, $1,500,000 shall be used to implement the small
business participation study authorized under section 11310 of this
Act.
SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.

(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary for grants under section 24407 of title 49, United
States Code, (as added by section 11301 of this Act), the following
amounts:
(1) For fiscal year 2016, $98,000,000.
(2) For fiscal year 2017, $190,000,000.
(3) For fiscal year 2018, $230,000,000.
(4) For fiscal year 2019, $255,000,000.
(5) For fiscal year 2020, $330,000,000.
(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project management
oversight of grants carried out under section 24407 of title 49,
United States Code.

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SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
REPAIR.

(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary for grants under section 24911 of title 49, United
States Code, (as added by section 11302 of this Act), the following
amounts:
(1) For fiscal year 2016, $82,000,000.
(2) For fiscal year 2017, $140,000,000.
(3) For fiscal year 2018, $175,000,000.
(4) For fiscal year 2019, $300,000,000.
(5) For fiscal year 2020, $300,000,000.

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(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project management
oversight of grants carried out under section 24911 of title 49,
United States Code.
SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS.

(a) IN GENERAL.—There are authorized to be appropriated to
the Secretary for grants under section 24408 of title 49, United
States Code, (as added by section 11303 of this Act), $20,000,000
for each of fiscal years 2016 through 2020.
(b) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project management
oversight of grants carried out under section 24408 of title 49,
United States Code.
SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK
OFFICE OF INSPECTOR GENERAL.

There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2016, $20,000,000.
(2) For fiscal year 2017, $20,500,000.
(3) For fiscal year 2018, $21,000,000.
(4) For fiscal year 2019, $21,500,000.
(5) For fiscal year 2020, $22,000,000.

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SEC. 11106. DEFINITIONS.

(a) TITLE 49 AMENDMENTS.—Section 24102 of title 49, United
States Code, is amended—
(1) by redesignating paragraphs (5) through (9) as paragraphs (7) through (11), respectively;
(2) by inserting after paragraph (4) the following new paragraphs:
‘‘(5) ‘long-distance route’ means a route described in
subparagraph (C) of paragraph (7).
‘‘(6) ‘National Network’ includes long-distance routes and
State-supported routes.’’; and
(3) by adding at the end the following new paragraphs:
‘‘(12) ‘state-of-good-repair’ means a condition in which physical assets, both individually and as a system, are—
‘‘(A) performing at a level at least equal to that called
for in their as-built or as-modified design specification
during any period when the life cycle cost of maintaining
the assets is lower than the cost of replacing them; and
‘‘(B) sustained through regular maintenance and
replacement programs.
‘‘(13) ‘State-supported route’ means a route described in
subparagraph (B) or (D) of paragraph (7), or in section 24702,
that is operated by Amtrak, excluding those trains operated
by Amtrak on the routes described in paragraph (7)(A).’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 217 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24702 note) is amended
by striking ‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’.
(2) Section 209(a) of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1625

by striking ‘‘24102(5)(B) and (D)’’ and inserting ‘‘24102(7)(B)
and (D)’’.

Subtitle B—Amtrak Reforms
SEC. 11201. ACCOUNTS.

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(a) IN GENERAL.—Chapter 243 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 24317. Accounts
‘‘(a) PURPOSE.—The purpose of this section is to—
‘‘(1) promote the effective use and stewardship by Amtrak
of Amtrak revenues, Federal, State, and third party investments, appropriations, grants and other forms of financial
assistance, and other sources of funds; and
‘‘(2) enhance the transparency of the assignment of revenues and costs among Amtrak business lines while ensuring
the health of the Northeast Corridor and National Network.
‘‘(b) ACCOUNT STRUCTURE.—Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment
Act of 2015, the Secretary of Transportation, in consultation with
Amtrak, shall define an account structure and improvements to
accounting methodologies, as necessary, to support, at a minimum,
the Northeast Corridor and the National Network.
‘‘(c) FINANCIAL SOURCES.—In defining the account structure
and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following:
‘‘(1) For the Northeast Corridor account, all revenues,
appropriations, grants and other forms of financial assistance,
compensation, and other sources of funds associated with the
Northeast Corridor, including—
‘‘(A) grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail
Reform and Investment Act of 2015 or any subsequent
Act;
‘‘(B) compensation received from commuter rail passenger transportation providers for such providers’ share
of capital and operating costs on the Northeast Corridor
provided to Amtrak pursuant to section 24905(c); and
‘‘(C) any operating surplus of the Northeast Corridor,
as allocated pursuant to section 24318.
‘‘(2) For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the
National Network, including—
‘‘(A) grant funds appropriated for the National Network
pursuant to section 11101(b) of the Passenger Rail Reform
and Investment Act of 2015 or any subsequent Act;
‘‘(B) compensation received from States provided to
Amtrak pursuant to section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (42 U.S.C. 24101
note); and
‘‘(C) any operating surplus of the National Network,
as allocated pursuant to section 24318.

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49 USC 24317.

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129 STAT. 1626

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(d) FINANCIAL USES.—In defining the account structure and
improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and
National Network accounts shall be used by Amtrak for the following:
‘‘(1) For the Northeast Corridor, all associated costs,
including—
‘‘(A) operating activities;
‘‘(B) capital activities as described in section
24904(a)(2)(E);
‘‘(C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;
‘‘(D) payment of principal and interest on loans for
capital projects described in this paragraph or for capital
leases attributable to the Northeast Corridor;
‘‘(E) other capital projects on the Northeast Corridor,
determined appropriate by the Secretary, and consistent
with section 24905(c)(1)(A)(i); and
‘‘(F) if applicable, capital projects described in section
24904(b).
‘‘(2) For the National Network, all associated costs,
including—
‘‘(A) operating activities;
‘‘(B) capital activities; and
‘‘(C) the payment of principal and interest on loans
or capital leases attributable to the National Network.
‘‘(e) IMPLEMENTATION AND REPORTING.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Passenger Rail Reform and Investment
Act of 2015, Amtrak, in consultation with the Secretary, shall
implement any account structures and improvements defined
under subsection (b) so that Amtrak is able to produce profit
and loss statements for each of the business lines described
in section 24320(b)(1) and, as appropriate, each of the asset
categories described in section 24320(c)(1) that identify sources
and uses of—
‘‘(A) revenues;
‘‘(B) appropriations; and
‘‘(C) transfers between business lines.
‘‘(2) UPDATED PROFIT AND LOSS STATEMENTS.—Not later
than 1 month after the implementation under paragraph (1),
and monthly thereafter, Amtrak shall submit updated profit
and loss statements for each of the business lines and asset
categories to the Secretary.
‘‘(f) ACCOUNT MANAGEMENT.—For the purposes of account
management, Amtrak may transfer funds between the Northeast
Corridor account and National Network account without prior
notification and approval under subsection (g) if such transfers—
‘‘(1) do not materially impact Amtrak’s ability to achieve
its anticipated financial, capital, and operating performance
goals for the fiscal year; and
‘‘(2) would not materially change any grant agreement
entered into pursuant to section 24319(d), or other agreements
made pursuant to applicable Federal law.

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129 STAT. 1627

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‘‘(g) TRANSFER AUTHORITY.—
‘‘(1) IN GENERAL.—If Amtrak determines that a transfer
between the accounts defined under subsection (b) does not
meet the account management standards established under
subsection (f), Amtrak may transfer funds between the Northeast Corridor and National Network accounts if—
‘‘(A) Amtrak notifies the Amtrak Board of Directors,
including the Secretary, at least 10 days prior to the
expected date of transfer; and
‘‘(B) solely for a transfer that will materially change
a grant agreement, the Secretary approves.
‘‘(2) REPORT.—Not later than 5 days after the Amtrak
Board of Directors receives notification from Amtrak under
paragraph (1)(A), the Board shall transmit to the Secretary,
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives,
and the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate, a report
that includes—
‘‘(A) the amount of the transfer; and
‘‘(B) a detailed explanation of the reason for the
transfer, including—
‘‘(i) the effects on Amtrak services funded by the
account from which the transfer is drawn, in comparison to a scenario in which no transfer was made;
and
‘‘(ii) the effects on Amtrak services funded by the
account receiving the transfer, in comparison to a scenario in which no transfer was made.
‘‘(3) NOTIFICATIONS.—Not later than 5 days after the date
that Amtrak notifies the Amtrak Board of Directors of a
transfer under paragraph (1) to or from an account, Amtrak
shall transmit to the State-Supported Route Committee and
Northeast Corridor Commission a letter that includes the
information described under subparagraphs (A) and (B) of paragraph (2).
‘‘(h) REPORT.—Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,
Amtrak shall submit to the Secretary a report assessing the account
and reporting structure established under this section and providing
any recommendations for further action. Not later than 180 days
after the date of receipt of such report, the Secretary shall provide
an assessment that supplements Amtrak’s report and submit the
Amtrak report with the supplemental assessment to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
‘‘(i) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding
section 24102, for purposes of this section, the term ‘Northeast
Corridor’ means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.’’.
(b) CONFORMING AMENDMENT.—The table of contents for
chapter 243 is amended by adding at the end the following:

49 USC
prec. 24301.

‘‘24317. Accounts.’’.

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129 STAT. 1628

PUBLIC LAW 114–94—DEC. 4, 2015

SEC. 11202. AMTRAK GRANT PROCESS.

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(a) REQUIREMENTS AND PROCEDURES.—Chapter 243 of title 49,
United States Code, is further amended by adding at the end
the following:

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49 USC 24318.

‘‘§ 24318. Costs and revenues
‘‘(a) ALLOCATION.—Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, Amtrak shall establish and maintain internal controls to
ensure Amtrak’s costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services
or infrastructure, or the National Network, including proportional
shares of common and fixed costs.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs
under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
‘‘(c) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding
section 24102, for purposes of this section, the term ‘Northeast
Corridor’ means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.

49 USC 24319.

‘‘§ 24319. Grant process
‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not later than 90
days after the date of enactment of the Passenger Rail Reform
and Investment Act of 2015, the Secretary of Transportation shall
establish and transmit to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules,
for grant requests under this section.
‘‘(b) GRANT REQUESTS.—Amtrak shall transmit to the Secretary
grant requests for Federal funds appropriated to the Secretary
of Transportation for the use of Amtrak.
‘‘(c) CONTENTS.—A grant request under subsection (b) shall,
as applicable—
‘‘(1) describe projected operating and capital costs for the
upcoming fiscal year for Northeast Corridor activities, including
train services and infrastructure, and National Network activities, including State-supported routes and long-distance routes,
in comparison to prior fiscal year actual financial performance;
‘‘(2) describe the capital projects to be funded, with cost
estimates and an estimated timetable for completion of the
projects covered by the request; and
‘‘(3) assess Amtrak’s financial condition.
‘‘(d) REVIEW AND APPROVAL.—
‘‘(1) THIRTY-DAY APPROVAL PROCESS.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a
review of the request and provide notice to Amtrak that—
‘‘(i) the request is approved; or

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129 STAT. 1629

‘‘(ii) the request is disapproved, including the reason for the disapproval and an explanation of any
incomplete or deficient items.
‘‘(B) GRANT AGREEMENT.—If a grant request is
approved, the Secretary shall enter into a grant agreement
with Amtrak.
‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not later than
15 days after the date of a notice under paragraph (1)(A)(ii),
Amtrak shall submit a modified request for the Secretary’s
review.
‘‘(3) MODIFIED REQUESTS.—Not later than 15 days after
the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified
request, or, if the Secretary finds that the request is still
incomplete or deficient, the Secretary shall identify in writing
to the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives the
remaining deficiencies and recommend a process for resolving
the outstanding portions of the request.
‘‘(e) PAYMENTS TO AMTRAK.—
‘‘(1) IN GENERAL.—A grant agreement entered into under
subsection (d) shall specify the operations, services, and other
activities to be funded by the grant. The grant agreement
shall include provisions, consistent with the requirements of
this chapter, to measure Amtrak’s performance and ensure
accountability in delivering the operations, services, or activities
to be funded by the grant.
‘‘(2) SCHEDULE.—Except as provided in paragraph (3), in
each fiscal year for which amounts are appropriated to the
Secretary for the use of Amtrak, and for which the Secretary
and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak
on the following schedule:
‘‘(A) 50 percent on October 1.
‘‘(B) 25 percent on January 1.
‘‘(C) 25 percent on April 1.
‘‘(3) EXCEPTIONS.—The Secretary may make a payment
to Amtrak of appropriated funds—
‘‘(A) more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent
payment before the end of a payment period; or
‘‘(B) with a different frequency or in different percentage allocations in the event of a continuing resolution or
in the absence of an appropriations Act for the duration
of a fiscal year.
‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.—
Amounts appropriated to the Secretary for the use of Amtrak shall
remain available until expended. Amounts for capital acquisitions
and improvements may be appropriated for a fiscal year before
the fiscal year in which the amounts will be obligated.
‘‘(g) LIMITATIONS ON USE.—Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize
operating losses or capital costs of commuter rail passenger or
freight rail transportation.

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129 STAT. 1630

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(h) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding
section 24102, for purposes of this section, the term ‘Northeast
Corridor’ means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.’’.
(b) CONFORMING AMENDMENTS.—The table of contents for
chapter 243 is further amended by adding at the end the following:

49 USC
prec. 24301.

‘‘24318. Costs and revenues.
‘‘24319. Grant process.’’.

(c) REPEALS.—
(1) ESTABLISHMENT OF GRANT PROCESS.—Section 206 of
the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note) and the item relating to that section
in the table of contents of that Act are repealed.
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 24104 of
title 49, United States Code, and the item relating to that
section in the table of contents of chapter 241 are repealed.

49 USC
prec. 24101.

SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.

(a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET PLANS.—Chapter
243 of title 49, United States Code, is further amended by inserting
after section 24319 the following:

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‘‘§ 24320. Amtrak 5-year business line and asset plans
‘‘(a) IN GENERAL.—
‘‘(1) FINAL PLANS.—Not later than February 15 of each
year, Amtrak shall submit to Congress and the Secretary of
Transportation final 5-year business line plans and 5-year asset
plans prepared in accordance with this section. These final
plans shall form the basis for Amtrak’s general and legislative
annual report to the President and Congress required by section
24315(b). Each plan shall cover a period of 5 fiscal years,
beginning with the first fiscal year after the date on which
the plan is completed.
‘‘(2) FISCAL CONSTRAINT.—Each plan prepared under this
section shall be based on funding levels authorized or otherwise
available to Amtrak in a fiscal year. In the absence of an
authorization or appropriation of funds for a fiscal year, the
plans shall be based on the amount of funding available in
the previous fiscal year, plus inflation. Amtrak may include
an appendix to the asset plan required in subsection (c) that
describes any funding needs in excess of amounts authorized
or otherwise available to Amtrak in a fiscal year.
‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.—
‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall prepare a 5year business line plan for each of the following business lines
and services:
‘‘(A) Northeast Corridor train services.
‘‘(B) State-supported routes operated by Amtrak.
‘‘(C) Long-distance routes operated by Amtrak.
‘‘(D) Ancillary services operated by Amtrak, including
commuter operations and other revenue generating activities as determined by the Secretary in coordination with
Amtrak.
‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE PLANS.—The 5year business line plan for each business line shall include,
at a minimum—

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129 STAT. 1631

‘‘(A) a statement of Amtrak’s objectives, goals, and
service plan for the business line, in consultation with
any entities that are contributing capital or operating
funding to support passenger rail services within those
business lines, and aligned with Amtrak’s Strategic Plan
and 5-year asset plans under subsection (c);
‘‘(B) all projected revenues and expenditures for the
business line, including identification of revenues and
expenditures incurred by—
‘‘(i) passenger operations;
‘‘(ii) non-passenger operations that are directly
related to the business line; and
‘‘(iii) governmental funding sources, including revenues and other funding received from States;
‘‘(C) projected ridership levels for all passenger operations;
‘‘(D) estimates of long-term and short-term debt and
associated principal and interest payments (both current
and forecasts);
‘‘(E) annual profit and loss statements and forecasts
and balance sheets;
‘‘(F) annual cash flow forecasts;
‘‘(G) a statement describing the methodologies and
significant assumptions underlying estimates and forecasts;
‘‘(H) specific performance measures that demonstrate
year over year changes in the results of Amtrak’s operations;
‘‘(I) financial performance for each route within each
business line, including descriptions of the cash operating
loss or contribution and productivity for each route;
‘‘(J) specific costs and savings estimates resulting from
reform initiatives;
‘‘(K) prior fiscal year and projected equipment reliability statistics; and
‘‘(L) an identification and explanation of any major
adjustments made from previously-approved plans.
‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.—In meeting
the requirements of this section, Amtrak shall—
‘‘(A) consult with the Secretary in the development
of the business line plans;
‘‘(B) for the Northeast Corridor business line plan,
consult with the Northeast Corridor Commission and
transmit to the Commission the final plan under subsection
(a)(1), and consult with other entities, as appropriate;
‘‘(C) for the State-supported route business line plan,
consult with the State-Supported Route Committee established under section 24712;
‘‘(D) for the long-distance route business line plan,
consult with any States or Interstate Compacts that provide
funding for such routes, as appropriate;
‘‘(E) ensure that Amtrak’s general and legislative
annual report, required under section 24315(b), to the
President and Congress is consistent with the information
in the 5-year business line plans; and
‘‘(F) identify the appropriate Amtrak officials that are
responsible for each business line.

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129 STAT. 1632

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(4) DEFINITION OF NORTHEAST CORRIDOR.—Notwithstanding section 24102, for purposes of this section, the term
‘Northeast Corridor’ means the Northeast Corridor main line
between Boston, Massachusetts, and the District of Columbia,
and facilities and services used to operate and maintain that
line.
‘‘(c) AMTRAK 5-YEAR ASSET PLANS.—
‘‘(1) ASSET CATEGORIES.—Amtrak shall prepare a 5-year
asset plan for each of the following asset categories:
‘‘(A) Infrastructure, including all Amtrak-controlled
Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated facilities that support the
operation, maintenance, and improvement of those assets.
‘‘(B) Passenger rail equipment, including all Amtrakcontrolled rolling stock, locomotives, and mechanical shop
facilities that are used to overhaul equipment.
‘‘(C) Stations, including all Amtrak-controlled passenger rail stations and elements of other stations for which
Amtrak has legal responsibility or intends to make capital
investments.
‘‘(D) National assets, including national reservations,
security, training and training centers, and other assets
associated with Amtrak’s national rail passenger transportation system.
‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each asset plan
shall include, at a minimum—
‘‘(A) a summary of Amtrak’s 5-year strategic plan for
each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory
actions affecting the assets;
‘‘(B) an inventory of existing Amtrak capital assets,
to the extent practicable, including information regarding
shared use or ownership, if applicable;
‘‘(C) a prioritized list of proposed capital investments
that—
‘‘(i) categorizes each capital project as being primarily associated with—
‘‘(I) normalized capital replacement;
‘‘(II) backlog capital replacement;
‘‘(III) improvements to support service
enhancements or growth;
‘‘(IV) strategic initiatives that will improve
overall operational performance, lower costs, or
otherwise improve Amtrak’s corporate efficiency;
or
‘‘(V) statutory, regulatory, or other legal mandates;
‘‘(ii) identifies each project or program that is associated with more than 1 category described in clause
(i); and
‘‘(iii) describes the anticipated business outcome
of each project or program identified under this
subparagraph, including an assessment of—
‘‘(I) the potential effect on passenger operations, safety, reliability, and resilience;

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129 STAT. 1633

‘‘(II) the potential effect on Amtrak’s ability
to meet regulatory requirements if the project or
program is not funded; and
‘‘(III) the benefits and costs; and
‘‘(D) annual profit and loss statements and forecasts
and balance sheets for each asset category.
‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting the requirements of this subsection, Amtrak shall—
‘‘(A) consult with each business line described in subsection (b)(1) in the preparation of each 5-year asset plan
and ensure integration of each 5-year asset plan with the
5-year business line plans;
‘‘(B) as applicable, consult with the Northeast Corridor
Commission, the State-Supported Route Committee, and
owners of assets affected by 5-year asset plans; and
‘‘(C) identify the appropriate Amtrak officials that are
responsible for each asset category.
‘‘(4) EVALUATION OF NATIONAL ASSETS COSTS.—The Secretary shall—
‘‘(A) evaluate the costs and scope of all national assets;
and
‘‘(B) determine the activities and costs that are—
‘‘(i) required in order to ensure the efficient operations of a national rail passenger system;
‘‘(ii) appropriate for allocation to 1 of the other
Amtrak business lines; and
‘‘(iii) extraneous to providing an efficient national
rail passenger system or are too costly relative to the
benefits or performance outcomes they provide.
‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this section, the
term ‘national assets’ means the Nation’s core rail assets shared
among Amtrak services, including national reservations, security, training and training centers, and other assets associated
with Amtrak’s national rail passenger transportation system.
‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.—Not later than
1 year after the date of completion of the evaluation under
paragraph (4), the Administrator of the Federal Railroad
Administration, in consultation with the Amtrak Board of
Directors, the governors of each relevant State, and the Mayor
of the District of Columbia, or their designees, shall restructure
or reallocate, or both, the national assets costs in accordance
with the determination under that section, including making
appropriate updates to Amtrak’s cost accounting methodology
and system.
‘‘(7) EXEMPTION.—
‘‘(A) IN GENERAL.—Upon written request from the
Amtrak Board of Directors, the Secretary may exempt
Amtrak from including in a plan required under this subsection any information described in paragraphs (1) and
(2).
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make
available to the public on the Department’s Internet Web
site any exemption granted under subparagraph (A) and
a detailed justification for granting such exemption.
‘‘(C) INCLUSION IN PLAN.—Amtrak shall include in the
plan required under this subsection any request granted

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129 STAT. 1634

49 USC 24320
note.

49 USC
prec. 24301.

PUBLIC LAW 114–94—DEC. 4, 2015

under subparagraph (A) and justification under subparagraph (B).
‘‘(d) STANDARDS TO PROMOTE FINANCIAL STABILITY.—In preparing plans under this section, Amtrak shall—
‘‘(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity,
increasing revenues, or combinations of such practices; and
‘‘(2) use the categories specified in the financial accounting
and reporting system developed under section 203 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note).’’.
(b) EFFECTIVE DATES.—The requirement for Amtrak to submit
5-year business line plans under section 24320(a)(1) of title 49,
United States Code, shall take effect on February 15, 2017, the
due date of the first business line plans. The requirement for
Amtrak to submit 5-year asset plans under section 24320(a)(1)
of such title shall take effect on February 15, 2019, the due date
of the first asset plans.
(c) CONFORMING AMENDMENTS.—The table of contents for
chapter 243 of title 49, United States Code, is amended by adding
at the end the following:
‘‘24320. Amtrak 5-year business line and asset plans.’’.

(d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 204 of the
Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note), and the item relating to that section in the table
of contents of that Act, are repealed.
SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE.

(a) AMENDMENT.—Chapter 247 of title 49, United States Code,
is amended by adding at the end the following:

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49 USC 24712.

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‘‘§ 24712. State-supported routes operated by Amtrak
‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.—
‘‘(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment
Act of 2015, the Secretary of Transportation shall establish
the State-Supported Route Committee (referred to in this section as the ‘Committee’) to promote mutual cooperation and
planning pertaining to the rail operations of Amtrak and related
activities of trains operated by Amtrak on State-supported
routes and to further implement section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
‘‘(2) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The Committee shall consist of—
‘‘(i) members representing Amtrak;
‘‘(ii) members representing the Department of
Transportation, including the Federal Railroad
Administration; and
‘‘(iii) members representing States.
‘‘(B) NON-VOTING MEMBERS.—The Committee may
invite and accept other non-voting members to participate
in Committee activities, as appropriate.
‘‘(3) DECISIONMAKING.—The Committee shall establish a
bloc voting system under which, at a minimum—

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‘‘(A) there are 3 separate voting blocs to represent
the Committee’s voting members, including—
‘‘(i) 1 voting bloc to represent the members
described in paragraph (2)(A)(i);
‘‘(ii) 1 voting bloc to represent the members
described in paragraph (2)(A)(ii); and
‘‘(iii) 1 voting bloc to represent the members
described in paragraph (2)(A)(iii);
‘‘(B) each voting bloc has 1 vote;
‘‘(C) the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support
of at least two-thirds of that voting bloc’s members; and
‘‘(D) the Committee makes decisions by unanimous
consent of the 3 voting blocs.
‘‘(4) MEETINGS; RULES AND PROCEDURES.—The Committee
shall convene a meeting and shall define and implement the
rules and procedures governing the Committee’s proceedings
not later than 180 days after the date of establishment of
the Committee by the Secretary. The rules and procedures
shall—
‘‘(A) incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph
(3); and
‘‘(B) be adopted in accordance with such decisionmaking procedures.
‘‘(5) COMMITTEE DECISIONS.—Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members.
‘‘(6) COST ALLOCATION METHODOLOGY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Committee may amend the cost allocation methodology
required and previously approved under section 209 of
the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note).
‘‘(B) PROCEDURES FOR CHANGING METHODOLOGY.—The
rules and procedures implemented under paragraph (4)
shall include procedures for changing the cost allocation
methodology.
‘‘(C) REQUIREMENTS.—The cost allocation methodology
shall—
‘‘(i) ensure equal treatment in the provision of
like services of all States and groups of States; and
‘‘(ii) allocate to each route the costs incurred only
for the benefit of that route and a proportionate share,
based upon factors that reasonably reflect relative use,
of costs incurred for the common benefit of more than
1 route.
‘‘(b) INVOICES AND REPORTS.—Not later than April 15, 2016,
and monthly thereafter, Amtrak shall provide to each State that
sponsors a State-supported route a monthly invoice of the cost
of operating such route, including fixed costs and third-party costs.
The Committee shall determine the frequency and contents of financial and performance reports that Amtrak shall provide to the
States, as well as the planning and demand reports that the States
shall provide to Amtrak.
‘‘(c) DISPUTE RESOLUTION.—

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‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(4), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) or amended under subsection (a)(6) of this section, either
Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection.
‘‘(2) PROCEDURES.—The Surface Transportation Board shall
establish procedures for resolution of disputes brought before
it under this subsection, which may include provision of professional mediation services.
‘‘(3) BINDING EFFECT.—A decision of the Surface Transportation Board under this subsection shall be binding on the
parties to the dispute.
‘‘(4) OBLIGATION.—Nothing in this subsection shall affect
the obligation of a State to pay an amount not in dispute.
‘‘(d) ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may provide assistance
to the parties in the course of negotiations for a contract for
operation of a State-supported route.
‘‘(2) FINANCIAL ASSISTANCE.—From among available funds,
the Secretary shall provide—
‘‘(A) financial assistance to Amtrak or 1 or more States
to perform requested independent technical analysis of
issues before the Committee; and
‘‘(B) administrative expenses that the Secretary determines necessary.
‘‘(e) PERFORMANCE METRICS.—In negotiating a contract for operation of a State-supported route, Amtrak and the State or States
that sponsor the route shall consider including provisions that
provide penalties and incentives for performance.
‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.—
‘‘(1) IN GENERAL.—The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by
Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities,
such as host railroads, in meeting the identified goals and
objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement.
‘‘(2) TRANSMISSION OF STATEMENT OF GOALS AND OBJECTIVES.—Not later than 2 years after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015,
the Committee shall transmit the statement developed under
paragraph (1) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(g) RULE OF CONSTRUCTION.—The decisions of the Committee—
‘‘(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-sponsored routes; and

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‘‘(2) shall not pertain to the rail operations or related
activities of services operated by other rail carriers on Statesupported routes.
‘‘(h) DEFINITION OF STATE.—In this section, the term ‘State’
means any of the 50 States, including the District of Columbia,
that sponsor the operation of trains by Amtrak on a State-supported
route, or a public entity that sponsors such operation on such
a route.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TABLE OF CONTENTS.—The table of contents for chapter
247 of title 49, United States Code, is amended by adding
at the end the following:

49 USC 24701.

‘‘24712. State-supported routes operated by Amtrak.’’.

(2) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT.—
Section 209 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note) is amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
SEC. 11205. COMPOSITION OF AMTRAK’S BOARD OF DIRECTORS.

Section 24302 of title 49, United States Code, is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘9 directors’’ and inserting ‘‘10 directors’’;
(B) in subparagraph (B) by inserting ‘‘, who shall serve
as a nonvoting member of the Board’’ after ‘‘Amtrak’’; and
(C) in subparagraph (C) by striking ‘‘7’’ and inserting
‘‘8’’; and
(2) in subsection (e), by inserting ‘‘who are eligible to vote’’
after ‘‘serving’’.
SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS.

Section 208 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note) is amended to read as follows:

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‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.

‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 180 days
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, Amtrak shall obtain the services of an
independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity rail passenger
transportation routes and services it should provide, including the
establishment of new routes, the elimination of existing routes,
and the contraction or expansion of services or frequencies over
such routes.
‘‘(b) CONSIDERATIONS.—Amtrak shall require the independent
entity, in developing the methodologies described in subsection (a),
to consider—
‘‘(1) the current and expected performance and service
quality of intercity rail passenger transportation operations,
including cost recovery, on-time performance, ridership, onboard services, stations, facilities, equipment, and other services;
‘‘(2) the connectivity of a route with other routes;

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‘‘(3) the transportation needs of communities and populations that are not well served by intercity rail passenger
transportation service or by other forms of intercity transportation;
‘‘(4) the methodologies of Amtrak and major intercity rail
passenger transportation service providers in other countries
for determining intercity passenger rail routes and services;
‘‘(5) the financial and operational effects on the overall
network, including the effects on direct and indirect costs;
‘‘(6) the views of States, rail carriers that own infrastructure over which Amtrak operates, Interstate Compacts established by Congress and States, Amtrak employee representatives, stakeholder organizations, and other interested parties;
and
‘‘(7) the funding levels that will be available under
authorization levels that have been enacted into law.
‘‘(c) RECOMMENDATIONS.—Not later than 1 year after the date
of enactment of the Passenger Rail Reform and Investment Act
of 2015, Amtrak shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
the recommendations developed by the independent entity under
subsection (a).
‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not later than
90 days after the date on which the recommendations are transmitted under subsection (c), the Amtrak Board of Directors shall
consider the adoption of each recommendation and transmit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report explaining the reasons
for adopting or not adopting each recommendation.’’.
SEC. 11207. FOOD AND BEVERAGE REFORM.

(a) AMENDMENT.—Chapter 243 of title 49, United States Code,
is further amended by adding at the end the following new section:

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40 USC 24321
note.

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‘‘§ 24321. Food and beverage reform
‘‘(a) PLAN.—Not later than 90 days after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, Amtrak
shall develop and begin implementing a plan to eliminate, within
5 years of such date of enactment, the operating loss associated
with providing food and beverage service on board Amtrak trains.
‘‘(b) CONSIDERATIONS.—In developing and implementing the
plan, Amtrak shall consider a combination of cost management
and revenue generation initiatives, including—
‘‘(1) scheduling optimization;
‘‘(2) on-board logistics;
‘‘(3) product development and supply chain efficiency;
‘‘(4) training, awards, and accountability;
‘‘(5) technology enhancements and process improvements;
and
‘‘(6) ticket revenue allocation.
‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no Amtrak
employee holding a position as of the date of enactment of the
Passenger Rail Reform and Investment Act of 2015 is involuntarily
separated because of—

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‘‘(1) the development and implementation of the plan
required under subsection (a); or
‘‘(2) any other action taken by Amtrak to implement this
section.
‘‘(d) NO FEDERAL FUNDING FOR OPERATING LOSSES.—Beginning
on the date that is 5 years after the date of enactment of the
Passenger Rail Reform and Investment Act of 2015, no Federal
funds may be used to cover any operating loss associated with
providing food and beverage service on a route operated by Amtrak
or a rail carrier that operates a route in lieu of Amtrak pursuant
to section 24711.
‘‘(e) REPORT.—Not later than 120 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,
and annually thereafter for 5 years, Amtrak shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the plan developed
pursuant to subsection (a) and a description of progress in the
implementation of the plan.’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
243 of title 49, United States Code, is further amended by adding
at the end the following new item:

49 USC
prec. 24301.

‘‘24321. Food and beverage reform.’’.
SEC. 11208. ROLLING STOCK PURCHASES.

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(a) AMENDMENT.—Chapter 243 of title 49, United States Code,
is further amended by adding at the end the following new section:
‘‘§ 24322. Rolling stock purchases
‘‘(a) IN GENERAL.—Prior to entering into any contract in excess
of $100,000,000 for rolling stock and locomotive procurements
Amtrak shall submit a business case analysis to the Secretary
of Transportation, the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate
and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives, on
the utility of such procurements.
‘‘(b) CONTENTS.—The business case analysis shall—
‘‘(1) include a cost and benefit comparison that describes
the total lifecycle costs and the anticipated benefits related
to revenue, operational efficiency, reliability, and other factors;
‘‘(2) set forth the total payments by fiscal year;
‘‘(3) identify the specific source and amounts of funding
for each payment, including Federal funds, State funds, Amtrak
profits, Federal, State, or private loans or loan guarantees,
and other funding;
‘‘(4) include an explanation of whether any payment under
the contract will increase Amtrak’s funding request in its general and legislative annual report required under section
24315(b) in a particular fiscal year; and
‘‘(5) describe how Amtrak will adjust the procurement if
future funding is not available.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution or prohibiting

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Amtrak from entering into a contract after submission of a business
case analysis under subsection (a).’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
243 of title 49, United States Code, is further amended by adding
at the end the following new item:
‘‘24322. Rolling stock purchases.’’.

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49 USC 24305
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SEC. 11209. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.

(a) IN GENERAL.—Not later than 6 months after the date of
enactment of this Act, Amtrak shall establish a pilot program
for a State or States that sponsor a State-supported route operated
by Amtrak to facilitate—
(1) onboard purchase and sale of local food and beverage
products; and
(2) partnerships with local entities to hold promotional
events on trains or in stations.
(b) PROGRAM DESIGN.—The pilot program under paragraph (1)
shall—
(1) allow a State or States to nominate and select a local
food and beverage products supplier or suppliers or local promotional event partner;
(2) allow a State or States to charge a reasonable price
or fee for local food and beverage products or promotional
events and related activities to help defray the costs of program
administration and State-supported routes; and
(3) provide a mechanism to ensure that State products
can effectively be handled and integrated into existing food
and beverage services, including compliance with all applicable
regulations and standards governing such services.
(c) PROGRAM ADMINISTRATION.—The pilot program shall—
(1) for local food and beverage products, ensure the products
are integrated into existing food and beverage services,
including compliance with all applicable regulations and standards;
(2) for promotional events, ensure the events are held in
compliance with all applicable regulations and standards,
including terms to address insurance requirements; and
(3) require an annual report that documents revenues and
costs and indicates whether the products or events resulted
in a reduction in the financial contribution of a State or States
to the applicable State-supported route.
(d) REPORT.—Not later than 4 years after the date of enactment
of this Act, Amtrak shall report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
on which States have participated in the pilot programs under
this section. The report shall summarize the financial and operational outcomes of the pilot programs and include any plan for
future action.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed as limiting Amtrak’s ability to operate special trains
in accordance with section 216 of the Passenger Rail Investment
and Improvement Act of 2008 (49 U.S.C. 24308 note).

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SEC. 11210. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING DOMESTICATED CATS AND DOGS.

49 USC 24305
note.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, Amtrak shall develop a pilot program that allows
passengers to transport domesticated cats or dogs on certain trains
operated by Amtrak.
(b) PET POLICY.—In developing the pilot program required
under subsection (a), Amtrak shall—
(1) in the case of a passenger train that is comprised
of more than 1 car, designate, where feasible, at least 1 car
in which a ticketed passenger may transport a domesticated
cat or dog in the same manner as carry-on baggage if—
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D) of
section 24102(7) of title 49, United States Code; and
(D) the passenger pays a fee described in paragraph
(3);
(2) allow a ticketed passenger to transport a domesticated
cat or dog on a train in the same manner as cargo if—
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D) of
section 24102(7) of title 49, United States Code;
(D) the cargo area is temperature controlled in a
manner protective of cat and dog safety and health; and
(E) the passenger pays a fee described in paragraph
(3); and
(3) collect fees for each cat or dog transported by a ticketed
passenger in an amount that, in the aggregate and at a minimum, covers the full costs of the pilot program.
(c) REPORT.—Not later than 1 year after the pilot program
required under subsection (a) is first implemented, Amtrak shall
transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report containing
an evaluation of the pilot program.
(d) LIMITATION ON STATUTORY CONSTRUCTION.—
(1) SERVICE ANIMALS.—The pilot program under subsection
(a) shall be separate from and in addition to the policy governing Amtrak passengers traveling with service animals.
Nothing in this section may be interpreted to limit or waive
the rights of passengers to transport service animals.
(2) ADDITIONAL TRAIN CARS.—Nothing in this section may
be interpreted to require Amtrak to add additional train cars
or modify existing train cars.
(3) FEDERAL FUNDS.—No Federal funds may be used to
implement the pilot program required under this section.

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SEC. 11211. RIGHT-OF-WAY LEVERAGING.

(a) REQUEST FOR PROPOSALS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, Amtrak shall issue a Request for

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Proposals seeking qualified persons or entities to utilize rightof-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution
systems, and other activities considered appropriate by Amtrak.
(2) CONTENTS.—The Request for Proposals shall provide
sufficient information on the right-of-way and real estate assets
to enable respondents to propose an arrangement that will
monetize or generate additional revenue from such assets
through revenue sharing or leasing agreements with Amtrak,
to the extent possible.
(3) DEADLINE.—Amtrak shall set a deadline for the submission of proposals that is not later than 1 year after the issuance
of the Request for Proposals under paragraph (1).
(b) CONSIDERATION OF PROPOSALS.—Not later than 180 days
after the deadline for the receipt of proposals under subsection
(a), the Amtrak Board of Directors shall review and consider each
qualified proposal. Amtrak may enter into such agreements as
are necessary to implement any qualified proposal.
(c) REPORT.—Not later than 1 year after the deadline for the
receipt of proposals under subsection (a), Amtrak shall transmit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the Request for Proposals required by this section, including summary information
of any proposals submitted to Amtrak and any proposals accepted
by the Amtrak Board of Directors.
(d) SAVINGS CLAUSE.—Nothing in this section shall be construed
to limit Amtrak’s ability to utilize right-of-way or real estate assets
that it currently owns, controls, or manages or constrain Amtrak’s
ability to enter into agreements with other parties to utilize such
assets.

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SEC. 11212. STATION DEVELOPMENT.

(a) REPORT ON DEVELOPMENT OPTIONS.—Not later than 1 year
after the date of enactment of this Act, Amtrak shall submit a
report to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
(1) options to enhance economic development and accessibility of and around Amtrak stations and terminals, for the
purposes of—
(A) improving station condition, functionality, capacity,
and customer amenities;
(B) generating additional investment capital and
development-related revenue streams;
(C) increasing ridership and revenue; and
(D) strengthening multimodal connections, including
transit, intercity buses, roll-on and roll-off bicycles, and
airports, as appropriate; and
(2) options for additional Amtrak stops that would have
a positive incremental financial impact to Amtrak, based on
Amtrak feasibility studies that demonstrate a financial benefit
to Amtrak by generating additional revenue that exceeds any
incremental costs.
(b) REQUEST FOR INFORMATION.—Not later than 90 days after
the date the report is submitted under subsection (a), Amtrak
shall issue a Request for Information for 1 or more owners of

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stations served by Amtrak to formally express an interest in completing the requirements of this section.
(c) PROPOSALS.—
(1) REQUEST FOR PROPOSALS.—Not later than 180 days
after the date the Request for Information is issued under
subsection (b), Amtrak shall issue a Request for Proposals
from qualified persons, including small business concerns
owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead,
participate, or partner with Amtrak, a station owner that
responded under subsection (b), and other entities in enhancing
development in and around such stations and terminals using
applicable options identified under subsection (a) at facilities
selected by Amtrak.
(2) CONSIDERATION OF PROPOSALS.—Not later than 1 year
after the date the Request for Proposals is issued under paragraph (1), the Amtrak Board of Directors shall review and
consider qualified proposals submitted under paragraph (1).
Amtrak or a station owner that responded under subsection
(b) may enter into such agreements as are necessary to implement any qualified proposal.
(d) REPORT.—Not later than 4 years after the date of enactment
of this Act, Amtrak shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report on the Request for Proposals process required under this
section, including summary information of any qualified proposals
submitted to Amtrak and any proposals acted upon by Amtrak
or a station owner that responded under subsection (b).
(e) DEFINITIONS.—In this section, the terms ‘‘small business
concern’’, ‘‘socially and economically disadvantaged individual’’, and
‘‘veteran-owned small business’’ have the meanings given the terms
in section 11310(c) of this Act.
(f) SAVINGS CLAUSE.—Nothing in this section shall be construed
to limit Amtrak’s ability to develop its stations, terminals, or other
assets, to constrain Amtrak’s ability to enter into and carry out
agreements with other parties to enhance development at or around
Amtrak stations or terminals, or to affect any station development
initiatives ongoing as of the date of enactment of this Act.

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SEC. 11213. AMTRAK BOARDING PROCEDURES.

(a) REPORT.—Not later than 9 months after the date of enactment of this Act, the Amtrak Office of Inspector General shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that—
(1) evaluates Amtrak’s boarding procedures for passengers,
including passengers using or transporting nonmotorized
transportation, such as bicycles, at its 15 stations through
which the most people pass;
(2) compares Amtrak’s boarding procedures to—
(A) boarding procedures of providers of commuter railroad passenger transportation at stations shared with
Amtrak;
(B) international intercity passenger rail boarding
procedures; and
(C) fixed guideway transit boarding procedures; and

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(3) makes recommendations, as appropriate, to improve
Amtrak’s boarding procedures, including recommendations
regarding the queuing of passengers and free-flow of all station
users and facility improvements needed to achieve the recommendations.
(b) CONSIDERATION OF RECOMMENDATIONS.—Not later than 6
months after the report is submitted under subsection (a), the
Amtrak Board of Directors shall consider each recommendation
provided under subsection (a)(3) for implementation at appropriate
locations across the Amtrak system.
SEC. 11214. AMTRAK DEBT.

Section 205 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note) is amended—
(1) by striking ‘‘as of the date of enactment of this Act’’
each place it appears;
(2) in subsection (a)—
(A) by inserting ‘‘, to the extent provided in advance
in appropriations Acts’’ after ‘‘Amtrak’s indebtedness’’; and
(B) by striking the second sentence;
(3) in subsection (b) by striking ‘‘The Secretary of the
Treasury, in consultation’’ and inserting ‘‘To the extent amounts
are provided in advance in appropriations Acts, the Secretary
of the Treasury, in consultation’’;
(4) in subsection (d), by inserting ‘‘, to the extent provided
in advance in appropriations Acts’’ after ‘‘as appropriate’’;
(5) in subsection (e)—
(A) in paragraph (1) by striking ‘‘by section 102 of
this division’’; and
(B) in paragraph (2) by striking ‘‘by section 102’’ and
inserting ‘‘for Amtrak’’;
(6) in subsection (g) by inserting ‘‘, unless that debt receives
credit assistance, including direct loans and loan guarantees,
under chapter 6 of title 23, United States Code or title V
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821 et seq.)’’ after ‘‘Secretary’’; and
(7) by striking subsection (h).
49 USC 24320
note.

SEC. 11215. ELIMINATION OF DUPLICATIVE REPORTING.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall—
(1) review existing Amtrak reporting requirements and
identify where the existing requirements are duplicative with
the business line and asset plans required by section 24320
of title 49, United States Code, or any other planning or
reporting requirements under Federal law or regulation;
(2) if the duplicative requirements identified under paragraph (1) are administrative, eliminate such requirements; and
(3) submit to Congress a report with any recommendations
for repealing any other duplicative requirements.

Subtitle C—Intercity Passenger Rail Policy

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SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.

(a) IN GENERAL.—Chapter 244 of title 49, United States Code,
is amended by adding at the end the following:

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‘‘§ 24407.

Consolidated rail infrastructure and safety
improvements
‘‘(a) GENERAL AUTHORITY.—The Secretary may make grants
under this section to an eligible recipient to assist in financing
the cost of improving passenger and freight rail transportation
systems in terms of safety, efficiency, or reliability.
‘‘(b) ELIGIBLE RECIPIENTS.—The following entities are eligible
to receive a grant under this section:
‘‘(1) A State.
‘‘(2) A group of States.
‘‘(3) An Interstate Compact.
‘‘(4) A public agency or publicly chartered authority established by 1 or more States.
‘‘(5) A political subdivision of a State.
‘‘(6) Amtrak or another rail carrier that provides intercity
rail passenger transportation (as defined in section 24102).
‘‘(7) A Class II railroad or Class III railroad (as those
terms are defined in section 20102).
‘‘(8) Any rail carrier or rail equipment manufacturer in
partnership with at least 1 of the entities described in paragraphs (1) through (5).
‘‘(9) The Transportation Research Board and any entity
with which it contracts in the development of rail-related
research, including cooperative research programs.
‘‘(10) A University transportation center engaged in railrelated research.
‘‘(11) A non-profit labor organization representing a class
or craft of employees of rail carriers or rail carrier contractors.
‘‘(c) ELIGIBLE PROJECTS.—The following projects are eligible
to receive grants under this section:
‘‘(1) Deployment of railroad safety technology, including
positive train control and rail integrity inspection systems.
‘‘(2) A capital project as defined in section 24401(2), except
that a project shall not be required to be in a State rail
plan developed under chapter 227.
‘‘(3) A capital project identified by the Secretary as being
necessary to address congestion challenges affecting rail service.
‘‘(4) A capital project identified by the Secretary as being
necessary to reduce congestion and facilitate ridership growth
in intercity passenger rail transportation along heavily traveled
rail corridors.
‘‘(5) A highway-rail grade crossing improvement project,
including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies,
highway traffic signalization, highway lighting and crossing
approach signage, roadway improvements such as medians or
other barriers, railroad crossing panels and surfaces, and safety
engineering improvements to reduce risk in quiet zones or
potential quiet zones.
‘‘(6) A rail line relocation and improvement project.
‘‘(7) A capital project to improve short-line or regional railroad infrastructure.
‘‘(8) The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.
‘‘(9) Any project that the Secretary considers necessary
to enhance multimodal connections or facilitate service integration between rail service and other modes, including between

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129 STAT. 1646

PUBLIC LAW 114–94—DEC. 4, 2015

intercity rail passenger transportation and intercity bus service
or commercial air service.
‘‘(10) The development and implementation of a safety program or institute designed to improve rail safety.
‘‘(11) Any research that the Secretary considers necessary
to advance any particular aspect of rail-related capital, operations, or safety improvements.
‘‘(12) Workforce development and training activities, coordinated to the extent practicable with the existing local training
programs supported by the Department of Transportation, the
Department of Labor, and the Department of Education.
‘‘(d) APPLICATION PROCESS.—The Secretary shall prescribe the
form and manner of filing an application under this section.
‘‘(e) PROJECT SELECTION CRITERIA.—
‘‘(1) IN GENERAL.—In selecting a recipient of a grant for
an eligible project, the Secretary shall—
‘‘(A) give preference to a proposed project for which
the proposed Federal share of total project costs does not
exceed 50 percent; and
‘‘(B) after factoring in preference to projects under
subparagraph (A), select projects that will maximize the
net benefits of the funds appropriated for use under this
section, considering the cost-benefit analysis of the proposed project, including anticipated private and public
benefits relative to the costs of the proposed project and
factoring in the other considerations described in paragraph
(2).
‘‘(2) OTHER CONSIDERATIONS.—The Secretary shall also consider the following:
‘‘(A) The degree to which the proposed project’s business plan considers potential private sector participation
in the financing, construction, or operation of the project.
‘‘(B) The recipient’s past performance in developing
and delivering similar projects, and previous financial contributions.
‘‘(C) Whether the recipient has or will have the legal,
financial, and technical capacity to carry out the proposed
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities.
‘‘(D) If applicable, the consistency of the proposed
project with planning guidance and documents set forth
by the Secretary or required by law or State rail plans
developed under chapter 227.
‘‘(E) If applicable, any technical evaluation ratings the
proposed project received under previous competitive grant
programs administered by the Secretary.
‘‘(F) Such other factors as the Secretary considers relevant to the successful delivery of the project.
‘‘(3) BENEFITS.—The benefits described in paragraph (1)(B)
may include the effects on system and service performance,
including measures such as improved safety, competitiveness,
reliability, trip or transit time, resilience, efficiencies from
improved integration with other modes, the ability to meet
existing or anticipated demand, and any other benefits.
‘‘(f) PERFORMANCE MEASURES.—The Secretary shall establish
performance measures for each grant recipient to assess progress

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129 STAT. 1647

in achieving strategic goals and objectives. The Secretary may
require a grant recipient to periodically report information related
to such performance measures.
‘‘(g) RURAL AREAS.—
‘‘(1) IN GENERAL.—Of the amounts appropriated under this
section, at least 25 percent shall be available for projects in
rural areas. The Secretary shall consider a project to be in
a rural area if all or the majority of the project (determined
by the geographic location or locations where the majority
of the project funds will be spent) is located in a rural area.
‘‘(2) DEFINITION OF RURAL AREA.—In this subsection, the
term ‘rural area’ means any area not in an urbanized area,
as defined by the Bureau of the Census.
‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.—
‘‘(1) TOTAL PROJECT COSTS.—The Secretary shall estimate
the total costs of a project under this section based on the
best available information, including any available engineering
studies, studies of economic feasibility, environmental analyses,
and information on the expected use of equipment or facilities.
‘‘(2) FEDERAL SHARE.—The Federal share of total project
costs under this section shall not exceed 80 percent.
‘‘(3) TREATMENT OF PASSENGER RAIL REVENUE.—If Amtrak
or another rail carrier is an applicant under this section,
Amtrak or the other rail carrier, as applicable, may use ticket
and other revenues generated from its operations and other
sources to satisfy the non-Federal share requirements.
‘‘(i) APPLICABILITY.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this
section shall be subject to the requirements of this chapter.
‘‘(j) AVAILABILITY.—Amounts appropriated for carrying out this
section shall remain available until expended.
‘‘(k) LIMITATION.—The requirements of sections 24402, 24403,
and 24404 and the definition contained in 24401(1) shall not apply
to this section.
‘‘(l) SPECIAL TRANSPORTATION CIRCUMSTANCES.—
‘‘(1) IN GENERAL.—In carrying out this chapter, the Secretary shall allocate an appropriate portion of the amounts
available to programs in this chapter to provide grants to
States—
‘‘(A) in which there is no intercity passenger rail
service, for the purpose of funding freight rail capital
projects that are on a State rail plan developed under
chapter 227 that provide public benefits (as defined in
chapter 227), as determined by the Secretary; or
‘‘(B) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant
under this section due to the unique characteristics of
the geography of that State or other relevant considerations, for the purpose of funding transportation-related
capital projects.
‘‘(2) DEFINITION.—For the purposes of this subsection, the
term ‘appropriate portion’ means a share, for each State subject
to paragraph (1), not less than the share of the total railroad
route miles in such State of the total railroad route miles
in the United States, excluding from all totals the route miles

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PUBLIC LAW 114–94—DEC. 4, 2015

exclusively used for tourist, scenic, and excursion railroad operations.’’.
(b) CONFORMING AMENDMENT.—The table of contents of chapter
244 of title 49, United States Code, is amended by adding after
the item relating to section 24406 the following:

49 USC
prec. 24401.

‘‘24407. Consolidated rail infrastructure and safety improvements.’’.

(c) REPEALS.—
(1) Sections 20154 and 20167 of chapter 201 of title 49,
United States Code, and the items relating to such sections
in the table of contents of such chapter, are repealed.
(2) Section 24105 of chapter 241 of title 49, United States
Code, and the item relating to such section in the table of
contents of such chapter, is repealed.
(3) Chapter 225 of title 49, United States Code, and the
item relating to such chapter in the table of contents of subtitle
V of such title, is repealed.
(4) Section 22108 of chapter 221 of title 49, United States
Code, and the item relating to such section in the table of
contents of such chapter, are repealed.

49 USC
prec. 24101.
49 USC
prec. 20101.
49 USC
prec. 22101.

SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
REPAIR.

(a) AMENDMENT.—Chapter 249 of title 49, United States Code,
is amended by inserting after section 24910 the following:

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‘‘§ 24911. Federal-State partnership for state of good repair
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPLICANT.—The term ‘applicant’ means—
‘‘(A) a State (including the District of Columbia);
‘‘(B) a group of States;
‘‘(C) an Interstate Compact;
‘‘(D) a public agency or publicly chartered authority
established by 1 or more States;
‘‘(E) a political subdivision of a State;
‘‘(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
‘‘(G) any combination of the entities described in subparagraphs (A) through (F).
‘‘(2) CAPITAL PROJECT.—The term ‘capital project’ means—
‘‘(A) a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing intercity rail passenger service, including tunnels,
bridges, stations, and other assets, as determined by the
Secretary; or
‘‘(B) a project primarily intended to improve intercity
passenger rail performance, including reduced trip times,
increased train frequencies, higher operating speeds, and
other improvements, as determined by the Secretary.
‘‘(3) INTERCITY RAIL PASSENGER TRANSPORTATION.—The
term ‘intercity rail passenger transportation’ has the meaning
given the term in section 24102.
‘‘(4) NORTHEAST CORRIDOR.—The term ‘Northeast Corridor’
means—
‘‘(A) the main rail line between Boston, Massachusetts
and the District of Columbia;

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129 STAT. 1649

‘‘(B) the branch rail lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten
Duyvil, New York; and
‘‘(C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B).
‘‘(5) QUALIFIED RAILROAD ASSET.—The term ‘qualified railroad asset’ means infrastructure, equipment, or a facility that—
‘‘(A) is owned or controlled by an eligible applicant;
‘‘(B) is contained in the planning document developed
under section 24904 and for which a cost-allocation policy
has been developed under section 24905(c), or is contained
in an equivalent planning document and for which a similar
cost-allocation policy has been developed; and
‘‘(C) was not in a state of good repair on the date
of enactment of the Passenger Rail Reform and Investment
Act of 2015.
‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary of Transportation shall develop and implement a program for issuing grants
to applicants, on a competitive basis, to fund capital projects that
reduce the state of good repair backlog with respect to qualified
railroad assets.
‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants under this
section include capital projects to replace or rehabilitate qualified
railroad assets, including—
‘‘(1) capital projects to replace existing assets in-kind;
‘‘(2) capital projects to replace existing assets with assets
that increase capacity or provide a higher level of service;
‘‘(3) capital projects to ensure that service can be maintained while existing assets are brought to a state of good
repair; and
‘‘(4) capital projects to bring existing assets into a state
of good repair.
‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an applicant
for a grant under this section, the Secretary shall—
‘‘(1) give preference to eligible projects for which—
‘‘(A) Amtrak is not the sole applicant;
‘‘(B) applications were submitted jointly by multiple
applicants; and
‘‘(C) the proposed Federal share of total project costs
does not exceed 50 percent; and
‘‘(2) take into account—
‘‘(A) the cost-benefit analysis of the proposed project,
including anticipated private and public benefits relative
to the costs of the proposed project, including—
‘‘(i) effects on system and service performance;
‘‘(ii) effects on safety, competitiveness, reliability,
trip or transit time, and resilience;
‘‘(iii) efficiencies from improved integration with
other modes; and
‘‘(iv) ability to meet existing or anticipated
demand;
‘‘(B) the degree to which the proposed project’s business
plan considers potential private sector participation in the
financing, construction, or operation of the proposed project;
‘‘(C) the applicant’s past performance in developing
and delivering similar projects, and previous financial contributions;

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129 STAT. 1650

PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(D) whether the applicant has, or will have—
‘‘(i) the legal, financial, and technical capacity to
carry out the project;
‘‘(ii) satisfactory continuing control over the use
of the equipment or facilities; and
‘‘(iii) the capability and willingness to maintain
the equipment or facilities;
‘‘(E) if applicable, the consistency of the project with
planning guidance and documents set forth by the Secretary or required by law; and
‘‘(F) any other relevant factors, as determined by the
Secretary.
‘‘(e) NORTHEAST CORRIDOR PROJECTS.—
‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.—Grant funds
may not be provided under this section to an eligible recipient
for an eligible project located on the Northeast Corridor unless
Amtrak and the public authorities providing commuter rail
passenger transportation on the Northeast Corridor are in
compliance with section 24905(c)(2).
‘‘(2) CAPITAL INVESTMENT PLAN.—When selecting projects
located on the Northeast Corridor, the Secretary shall consider
the appropriate sequence and phasing of projects as contained
in the Northeast Corridor capital investment plan developed
pursuant to section 24904(a).
‘‘(f) FEDERAL SHARE OF TOTAL PROJECT COSTS.—
‘‘(1) TOTAL PROJECT COST.—The Secretary shall estimate
the total cost of a project under this section based on the
best available information, including engineering studies,
studies of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
‘‘(2) FEDERAL SHARE.—The Federal share of total costs for
a project under this section shall not exceed 80 percent.
‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Amtrak is an
applicant under this section, Amtrak may use ticket and other
revenues generated from its operations and other sources to
satisfy the non-Federal share requirements.
‘‘(g) LETTERS OF INTENT.—
‘‘(1) IN GENERAL.—The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a grantee under
this section that—
‘‘(A) announces an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not
more than the amount stipulated as the financial participation of the Secretary in the project; and
‘‘(B) states that the contingent commitment—
‘‘(i) is not an obligation of the Federal Government;
and
‘‘(ii) is subject to the availability of appropriations
for grants under this section and subject to Federal
laws in force or enacted after the date of the contingent
commitment.
‘‘(2) CONGRESSIONAL NOTIFICATION.—
‘‘(A) IN GENERAL.—Not later than 30 days before
issuing a letter under paragraph (1), the Secretary shall
submit written notification to—

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129 STAT. 1651

‘‘(i) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(ii) the Committee on Appropriations of the
Senate;
‘‘(iii) the Committee on Transportation and Infrastructure of the House of Representatives; and
‘‘(iv) the Committee on Appropriations of the House
of Representatives.
‘‘(B) CONTENTS.—The notification submitted pursuant
to subparagraph (A) shall include—
‘‘(i) a copy of the proposed letter;
‘‘(ii) the criteria used under subsection (d) for
selecting the project for a grant award; and
‘‘(iii) a description of how the project meets such
criteria.
‘‘(3) APPROPRIATIONS REQUIRED.—An obligation or administrative commitment may be made under this section only when
amounts are appropriated for such purpose.
‘‘(h) AVAILABILITY.—Amounts appropriated for carrying out this
section shall remain available until expended.
‘‘(i) GRANT CONDITIONS.—Except as specifically provided in this
section, the use of any amounts appropriated for grants under
this section shall be subject to the grant conditions under section
24405.’’.
(b) CONFORMING AMENDMENT.—The table of contents for
chapter 249 is amended by inserting after the item relating to
section 24910 the following:

49 USC
prec. 24901.

‘‘24911. Federal-State partnership for state of good repair.’’.
SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.

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(a) IN GENERAL.—Chapter 244 of title 49, United States Code,
is further amended by adding at the end the following:
‘‘§ 24408. Restoration and enhancement grants
‘‘(a) APPLICANT DEFINED.—Notwithstanding section 24401(1),
in this section, the term ‘applicant’ means—
‘‘(1) a State, including the District of Columbia;
‘‘(2) a group of States;
‘‘(3) an Interstate Compact;
‘‘(4) a public agency or publicly chartered authority established by 1 or more States;
‘‘(5) a political subdivision of a State;
‘‘(6) Amtrak or another rail carrier that provides intercity
rail passenger transportation;
‘‘(7) Any rail carrier in partnership with at least 1 of
the entities described in paragraphs (1) through (5); and
‘‘(8) any combination of the entities described in paragraphs
(1) through (7).
‘‘(b) GRANTS AUTHORIZED.—The Secretary of Transportation
shall develop and implement a program for issuing operating assistance grants to applicants, on a competitive basis, for the purpose
of initiating, restoring, or enhancing intercity rail passenger
transportation.
‘‘(c) APPLICATION.—An applicant for a grant under this section
shall submit to the Secretary—
‘‘(1) a capital and mobilization plan that—

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‘‘(A) describes any capital investments, service planning actions (such as environmental reviews), and mobilization actions (such as qualification of train crews) required
for initiation of intercity rail passenger transportation; and
‘‘(B) includes the timeline for undertaking and completing each of the investments and actions referred to
in subparagraph (A);
‘‘(2) an operating plan that describes the planned operation
of the service, including—
‘‘(A) the identity and qualifications of the train operator;
‘‘(B) the identity and qualifications of any other service
providers;
‘‘(C) service frequency;
‘‘(D) the planned routes and schedules;
‘‘(E) the station facilities that will be utilized;
‘‘(F) projected ridership, revenues, and costs;
‘‘(G) descriptions of how the projections under subparagraph (F) were developed;
‘‘(H) the equipment that will be utilized, how such
equipment will be acquired or refurbished, and where such
equipment will be maintained; and
‘‘(I) a plan for ensuring safe operations and compliance
with applicable safety regulations;
‘‘(3) a funding plan that—
‘‘(A) describes the funding of initial capital costs and
operating costs for the first 3 years of operation;
‘‘(B) includes a commitment by the applicant to provide
the funds described in subparagraph (A) to the extent
not covered by Federal grants and revenues; and
‘‘(C) describes the funding of operating costs and capital
costs, to the extent necessary, after the first 3 years of
operation; and
‘‘(4) a description of the status of negotiations and agreements with—
‘‘(A) each of the railroads or regional transportation
authorities whose tracks or facilities would be utilized by
the service;
‘‘(B) the anticipated railroad carrier, if such entity is
not part of the applicant group; and
‘‘(C) any other service providers or entities expected
to provide services or facilities that will be used by the
service, including any required access to Amtrak systems,
stations, and facilities if Amtrak is not part of the applicant
group.
‘‘(d) PRIORITIES.—In awarding grants under this section, the
Secretary shall give priority to applications—
‘‘(1) for which planning, design, any environmental reviews,
negotiation of agreements, acquisition of equipment, construction, and other actions necessary for initiation of service have
been completed or nearly completed;
‘‘(2) that would restore service over routes formerly operated by Amtrak, including routes described in section 11304
of the Passenger Rail Reform and Investment Act of 2015;
‘‘(3) that would provide daily or daytime service over routes
where such service did not previously exist;

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‘‘(4) that include funding (including funding from railroads),
or other significant participation by State, local, and regional
governmental and private entities;
‘‘(5) that include a funding plan that demonstrates the
intercity rail passenger service will be financially sustainable
beyond the 3-year grant period;
‘‘(6) that would provide service to regions and communities
that are underserved or not served by other intercity public
transportation;
‘‘(7) that would foster economic development, particularly
in rural communities and for disadvantaged populations;
‘‘(8) that would provide other non-transportation benefits;
and
‘‘(9) that would enhance connectivity and geographic coverage of the existing national network of intercity rail passenger
service.
‘‘(e) LIMITATIONS.—
‘‘(1) DURATION.—Federal operating assistance grants
authorized under this section for any individual intercity rail
passenger transportation route may not provide funding for
more than 3 years and may not be renewed.
‘‘(2) LIMITATION.—Not more than 6 of the operating assistance grants awarded pursuant to subsection (b) may be simultaneously active.
‘‘(3) MAXIMUM FUNDING.—Grants described in paragraph
(1) may not exceed—
‘‘(A) 80 percent of the projected net operating costs
for the first year of service;
‘‘(B) 60 percent of the projected net operating costs
for the second year of service; and
‘‘(C) 40 percent of the projected net operating costs
for the third year of service.
‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FEDERAL
FUNDING.—A recipient of an operating assistance grant under subsection (b) may use that grant in combination with other Federal
grants awarded that would benefit the applicable service.
‘‘(g) AVAILABILITY.—Amounts appropriated for carrying out this
section shall remain available until expended.
‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary awards
a grant under this section to a rail carrier other than Amtrak,
Amtrak may be required consistent with section 24711(c)(1) of this
title to provide access to its reservation system, stations, and facilities that are directly related to operations to such carrier, to the
extent necessary to carry out the purposes of this section. The
Secretary may award an appropriate portion of the grant to Amtrak
as compensation for this access.
‘‘(i) CONDITIONS.—
‘‘(1) GRANT AGREEMENT.—The Secretary shall require a
grant recipient under this section to enter into a grant agreement that requires such recipient to provide similar information
regarding the route performance, financial, and ridership
projections, and capital and business plans that Amtrak is
required to provide, and such other data and information as
the Secretary considers necessary.
‘‘(2) INSTALLMENTS; TERMINATION.—The Secretary may—
‘‘(A) award grants under this section in installments,
as the Secretary considers appropriate; and

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49 USC
prec. 24401.

PUBLIC LAW 114–94—DEC. 4, 2015

‘‘(B) terminate any grant agreement upon—
‘‘(i) the cessation of service; or
‘‘(ii) the violation of any other term of the grant
agreement.
‘‘(3) GRANT CONDITIONS.—The Secretary shall require each
recipient of a grant under this section to comply with the
grant requirements of section 24405.
‘‘(j) REPORT.—Not later than 4 years after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, the
Secretary, after consultation with grant recipients under this section, shall submit to Congress a report that describes—
‘‘(1) the implementation of this section;
‘‘(2) the status of the investments and operations funded
by such grants;
‘‘(3) the performance of the routes funded by such grants;
‘‘(4) the plans of grant recipients for continued operation
and funding of such routes; and
‘‘(5) any legislative recommendations.’’.
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER 244.—Chapter 244 of title 49, United States
Code, is further amended—
(A) in the table of contents by adding at the end
the following:
‘‘24408. Restoration and enhancement grants.’’;

(B) in the chapter heading by striking ‘‘INTERCITY
PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE’’ and inserting ‘‘RAIL IMPROVEMENT
GRANTS’’;
(C) in section 24402 by striking subsection (j); and
(D) in section 24405—
(i) in subsection (b)(2) by striking ‘‘(43’’ and
inserting ‘‘(45’’;
(ii) in subsection (c)(2)(B) by striking ‘‘protective
arrangements established’’ and inserting ‘‘protective
arrangements that are equivalent to the protective
arrangements established’’;
(iii) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ‘‘or unless Amtrak
ceased providing intercity passenger railroad transportation over the affected route more than 3 years before
the commencement of new service’’ after ‘‘unless such
service was provided solely by Amtrak to another
entity’’; and
(iv) in subsection (f) by striking ‘‘under this chapter
for commuter rail passenger transportation, as defined
in section 24102(4) of this title.’’ and inserting ‘‘under
this chapter for commuter rail passenger transportation (as defined in section 24102(3)).’’; and
(2) TABLE OF CHAPTERS AMENDMENT.—The item relating
to chapter 244 in the table of chapters of subtitle V of title
49, United States Code, is amended by striking ‘‘Intercity passenger rail service corridor capital assistance’’ and inserting
‘‘Rail improvement grants’’.

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49 USC
prec. 20101.

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SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall convene a working group
to evaluate the restoration of intercity rail passenger service in
the Gulf Coast region between New Orleans, Louisiana, and
Orlando, Florida.
(b) MEMBERSHIP.—The working group convened pursuant to
subsection (a) shall consist of representatives of—
(1) the Federal Railroad Administration, which shall serve
as chair of the working group;
(2) Amtrak;
(3) the States along the proposed route or routes;
(4) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along the proposed route or routes, which shall
be selected by the Administrator;
(5) the Southern Rail Commission;
(6) railroad carriers whose tracks may be used for such
service; and
(7) other entities determined appropriate by the Secretary,
which may include other railroad carriers that express an
interest in Gulf Coast service.
(c) RESPONSIBILITIES.—The working group shall—
(1) evaluate all options for restoring intercity rail passenger
service in the Gulf Coast region, including options outlined
in the report transmitted to Congress pursuant to section 226
of the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110–432);
(2) select a preferred option for restoring such service;
(3) develop a prioritized inventory of capital projects and
other actions required to restore such service and cost estimates
for such projects or actions; and
(4) identify Federal and non-Federal funding sources
required to restore such service, including options for entering
into public-private partnerships to restore such service.
(d) REPORT.—Not later than 9 months after the date of enactment of this Act, the working group shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that includes—
(1) the preferred option selected under subsection (c)(2)
and the reasons for selecting such option;
(2) the information described in subsection (c)(3);
(3) the funding sources identified under subsection (c)(4);
(4) the costs and benefits of restoring intercity rail passenger transportation in the region; and
(5) any other information the working group determines
appropriate.
(e) FUNDING.—From funds made available under section
11101(d), the Secretary shall provide—
(1) financial assistance to the working group to perform
requested independent technical analysis of issues before the
working group; and
(2) administrative expenses that the Secretary determines
necessary.

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SEC. 11305. NORTHEAST CORRIDOR COMMISSION.

(a) COMPOSITION.—Section 24905(a) of title 49, United States
Code, is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A) by
inserting ‘‘, infrastructure investments,’’ after ‘‘rail operations’’;
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) members representing the Department of
Transportation, including the Office of the Secretary, the
Federal Railroad Administration, and the Federal Transit
Administration;’’; and
(C) in subparagraph (D) by inserting ‘‘and commuter’’
after ‘‘freight’’; and
(2) by amending paragraph (6) to read as follows:
‘‘(6) The members of the Commission shall elect co-chairs
consisting of 1 member described in paragraph (1)(B) and 1
member described in paragraph (1)(C).’’.
(b) STATEMENT OF GOALS AND RECOMMENDATIONS.—Section
24905(b) of title 49, United States Code, is amended—
(1) in paragraph (1) by inserting ‘‘and periodically update’’
after ‘‘develop’’;
(2) in paragraph (2)(A) by striking ‘‘beyond those specified
in the state-of-good-repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008’’; and
(3) by adding at the end the following:
‘‘(3) SUBMISSION OF STATEMENT OF GOALS, RECOMMENDATIONS, AND PERFORMANCE REPORTS.—The Commission shall
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives—
‘‘(A) any updates made to the statement of goals developed under paragraph (1) not later than 60 days after
such updates are made; and
‘‘(B) annual performance reports and recommendations
for improvements, as appropriate, issued not later than
March 31 of each year, for the prior fiscal year, which
summarize—
‘‘(i) the operations and performance of commuter,
intercity, and freight rail transportation along the
Northeast Corridor; and
‘‘(ii) the delivery of the capital investment plan
described in section 24904.’’.
(c) COST ALLOCATION POLICY.—Section 24905(c) of title 49,
United States Code, is amended—
(1) in the subsection heading by striking ‘‘ACCESS COSTS’’
and inserting ‘‘ALLOCATION OF COSTS’’;
(2) in paragraph (1)—
(A) in the paragraph heading by striking ‘‘FORMULA’’
and inserting ‘‘POLICY’’;
(B) in the matter preceding subparagraph (A) by
striking ‘‘Within 2 years after the date of enactment of
the Passenger Rail Investment and Improvement Act of
2008, the Commission’’ and inserting ‘‘The Commission’’;
(C) in subparagraph (A) by striking ‘‘formula’’ and
inserting ‘‘policy’’; and

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PUBLIC LAW 114–94—DEC. 4, 2015

129 STAT. 1657

(D) by striking subparagraphs (B) through (D) and
inserting the following:
‘‘(B) develop a proposed timetable for implementing
the policy;
‘‘(C) submit the policy and the timetable developed
under subparagraph (B) to the Surface Transportation
Board, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives;
‘‘(D) not later than October 1, 2015, adopt and implement the policy in accordance with the timetable; and
‘‘(E) with the consent of a majority of its members,
petition the Surface Transportation Board to appoint a
mediator to assist the Commission members through nonbinding mediation to reach an agreement under this section.’’;
(3) in paragraph (2)—
(A) by striking ‘‘formula proposed in’’ and inserting
‘‘policy developed under’’; and
(B) in the second sentence—
(i) by striking ‘‘the timetable, the Commission shall
petition the Surface Transportation Board to’’ and
inserting ‘‘paragraph (1)(D) or fail to comply with the
policy thereafter, the Surface Transportation Board
shall’’; and
(ii) by striking ‘‘amounts for such services in
accordance with section 24904(c) of this title’’ and
inserting ‘‘for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into
consideration the policy developed under paragraph
(1)(A), as applicable’’;
(4) in paragraph (3), by striking ‘‘formula’’ and inserting
‘‘policy’’; and
(5) by adding at the end the following:
‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a dispute arises
with the implementation of, or compliance w